An administrative law judge of the Merit Systems Protection
Board has cleared two federal employees accused of violating
the Hatch Act, which prohibits partisan activity in the
federal workplace, after spreading rival political propaganda
in one group email each, leading up to the November election.
The Office of Special Counsel, responsible for enforcing the
Hatch Act, filed complaints against Michael Davis and Leslye
Sims of the Social Security Administration’s Kansas City, Mo.,
office on January 14.
The law judge wrote that “an expression of personal
opinion does not constitute political activity” just
because it is emailed to several people.
OSC said it would appeal the decision back to the full
MSPB to reverse it, arguing that, “the actions of
these employees were akin to using government
resources to engage in political leafleting at the
workplace.”
