OSC said in cases involving political appointees - not Senate confirmed - it will bring complaints to the MSPB instead of the White House, where they are typically quashed. Image: Mehaniq/Shutterstock.com
By: FEDweek StaffIn what is the first case of its recently announced strategy of bringing Hatch Act cases involving political appointees to the MSPB, the Office of Special Counsel has alleged a violation by a senior Biden administration official.
A complaint filed with the merit board alleges that White House Domestic Policy Advisor Neera Tanden repeatedly used her social media account to “knowingly solicit political contributions to candidates for partisan political office” over July-September—three of them after she “was notified that making such posts violated” the Hatch Act.
The complaint says that while political appointees such as her are exempt from some Hatch Act prohibitions, they are subject to the prohibition against soliciting, accepting, or receiving such contributions.
The OSC had said earlier this year that in cases involving political appointees except those subject to Senate confirmation, it will bring complaints to the MSPB as it does with career employees instead of simply referring them to the White House. That practice typically resulted in little or no consequences when such complaints had been brought against appointees of either political party.
The OSC further said that it will pursue cases of alleged violations by those who have since left government service. While that seemingly would have no immediate impact, among the potential penalties for a proven Hatch Act violation is debarment from federal employment for up to five years.
The office in 2021 for example had found Hatch Act violations by 13 Trump administration political officials even while conceding that it was too late to take action against them. That was the latest of similar findings that resulted in no action taken even when that administration still was in office.
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