The Merit Systems Protection Board has issued two decisions involving alleged violations of the Hatch Act through use of agency e-mail systems. In one case, MSPB upheld a 60-day suspension imposed against an employee on charges of sending an email while on duty and in a federal building directed toward the success of a House member seeking reelection-an e-mail with an attached announcement for a Halloween party on the candidate’s behalf, describing him in favorable terms and encouraging attendance at the event.
In the second case, MSPB instructed a law judge to review a complaint involving two employees and the 2004 presidential election, one of whom sent out an e-mail favorable to President Bush and the other of whom sent out one favorable to challenger Sen. John Kerry, D-Mass. The law judge initially had found that the e-mails did not amount to prohibited political activities under the Hatch Act but the merit board ruled that they did, and sent the case back down for consideration.
“New technologies like the internet have brought many wonders to society, but unfortunately, they often propagate the same old abuses,” Special Counsel Scott J. Bloch, who brought the cases, said in a statement. “Government resources remain government resources, and federal employees may not use the government’s time and office space to engage in political activities. These are important rulings by the Board. We will continue to vigorously prosecute anyone who engages in political activity in the workplace or on duty, and those using e-mail for this purpose should be especially aware that this decision subjects them to penalties, including removal from federal service.”
