Watch What You Say in Email

The Office of Special Counsel, which enforces the Hatch Act restrictions on partisan political activities by federal employees, has tightened its policies on emails sent through government computer systems. OSC rescinded earlier guidance that had said that a limited amount of partisan content in email to a limited number of employees was acceptable on the theory that such messages were comparable to “water cooler” conversations in which employees might express personal political views. However, OSC noted that in four decisions released last year involving political content of email, MSPB—the agency that adjudicates Hatch Act cases brought by OSC—rejected the “water cooler” defense. Said OSC: “The four MSPB decisions send a clear message to the federal community. The Hatch Act prohibits federal employees from sending emails that advocate for a political party or candidate for partisan public office while on duty or in a federal building, and engaging in such activity may subject them to disciplinary action, including the loss of their job. No political activity means no political activity, regardless of the specific technology used.”