The Office of Special Counsel has won hatch act decisions against both a Small Business Administration lawyer for sending email through his work computer in connection with his activities as a member of the Green Party, as well as a Department of Veterans Affairs employee who admitted handing out Kerry campaign stickers in July of 2004 at an outpatient clinic in Ohio.
“This case presents a cautionary tale,” said special counsel Scott Bloch, adding, “If you engage in political activity on government property or use government resources for partisan ends, OSC will prosecute.”
Regarding the case with the SBA lawyer, Bloch stated, “Regardless of the specific technology used, it remains the law that government resources must not be used for political activities,” and added that OSC is committed to enforcing the Hatch Act.
The cases follow a recent announcement from the Internal Revenue Service that it may begin monitoring employee email accounts more closely for personal use. Employees take note.
The Hatch Act prohibits federal executive branch employees from engaging in political activity while on duty, in any room or building used for official duties by an individual employed or holding office in the government, while wearing a uniform or official insignia identifying the office or position of the employee, or using any vehicle owned or leased by the government.
It defines political activity as that directed toward the success or failure of a political party, candidate for a partisan political office or partisan political group.