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THE HATCH ACT - Hot Topics for the 2012 Presidential Election Season

THE HATCH ACT - Hot Topics for the 2012 Presidential Election Season. FEDERAL HATCH ACT. TWO CATEGORIES OF EMPLOYEES:. FEDERAL HATCH ACT DON’Ts 5 U.S.C. § 7324; 5 C.F.R. PART 734, SUBPART C. ALL EMPLOYEES: MAY NOT ENGAGE IN POLITICAL ACTIVITY WHILE — ON DUTY IN A GOVERNMENT OFFICE

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THE HATCH ACT - Hot Topics for the 2012 Presidential Election Season

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  1. THE HATCH ACT -Hot Topics for the 2012Presidential Election Season

  2. FEDERAL HATCH ACT TWO CATEGORIES OF EMPLOYEES:

  3. FEDERAL HATCH ACT DON’Ts5 U.S.C. § 7324; 5 C.F.R. PART 734, SUBPART C ALL EMPLOYEES: MAY NOT ENGAGE IN POLITICAL ACTIVITY WHILE — • ON DUTY • IN A GOVERNMENT OFFICE • WEARING AN OFFICIAL UNIFORM • USING A GOVERNMENT VEHICLE (exception: some PAS/EOP employees)

  4. FEDERAL HATCH ACT5 U.S.C. § 7324; 5 C.F.R. PART 734.101 POLITICAL ACTIVITY MEANS: AN ACTIVITY DIRECTED TOWARD THE SUCCESS OR FAILURE OF A — • POLITICAL PARTY • CANDIDATE FOR PARTISAN POLITICAL OFFICE, OR • PARTISAN POLITICAL GROUP

  5. FEDERAL HATCH ACT5 U.S.C. § 7324; 5 C.F.R. PART 734.101 Not Prohibited Political Activity (Examples): 1. Displaying items, emailing, posting, or blogging about: NRA Affordable Care Act right-to-life/pro-choice support or opposition to the war Buffet tax pay freeze/increase to retirement contributions 2. Supporting or opposing ballot initiatives or pending legislation

  6. FEDERAL HATCH ACT5 U.S.C. § 7324; 5 C.F.R. PART 734.101 Prohibited Political Activity (Issues): • Buttons, posters and T-shirts • Social media • Posts • Tweets • On-line donations • E-mails, Blogs • Screen savers • Candidate photographs • Telecommuting (An employee’s personal vehicle may have a political bumper sticker.)

  7. FEDERAL HATCH ACT5 U.S.C. § 7324; 5 C.F.R. PART 734.101 Political Activity?

  8. FEDERAL HATCH ACT5 U.S.C. § 7324; 5 C.F.R. PART 734.101

  9. FEDERAL HATCH ACT5 U.S.C. § 7324; 5 C.F.R. PART 734.101

  10. FEDERAL HATCH ACT5 U.S.C. § 7323; 5 C.F.R. PART 734 PARTISAN POLITICAL GROUPS? • Americans Elect • Tea Party • Occupy Wall Street • Super PACs • Endorse Liberty • Majority PAC • Restore our Future • Priorities USA Action • Winning our Future • Moveon.org

  11. FEDERAL HATCH ACT DON’Ts5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART C ALL EMPLOYEES: MAY NOT KNOWINGLY SOLICIT OR RECEIVE POLITICAL CONTRIBUTIONS • Websites (links to) • Social media/blogs • Fundraising events (including phone banks) • Campaign treasurer • Other issues A LESS RESTRICTED EMPLOYEE MAY HOST A MEET AND GREET OR SPEAK AT A FUNDRAISER

  12. FEDERAL HATCH ACT DON’Ts5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART C ALL EMPLOYEES: MAY NOT USE OFFICIAL AUTHORITY OR INFLUENCE TO INTERFERE WITH OR AFFECT AN ELECTION • Official title or position • Social media (Facebook, Twitter, website) • Personal • Official • Agency • Subordinates • Other issues

  13. FEDERAL HATCH ACT DON’Ts5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART C ALL EMPLOYEES: MAY NOT KNOWINGLY SOLICIT OR DISCOURAGE THE POLITICAL ACTIVITY OF ANYONE WITH BUSINESS BEFORE THE EMPLOYING OFFICE • Actual pending business (permits, licenses, grants, contracts, enforcement actions, investigations, and audits)

  14. FEDERAL HATCH ACT DON’Ts:FURTHER RESTRICTED EMPLOYEES5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART D FURTHER RESTRICTED EMPLOYEES : MAY NOTENGAGE IN PARTISAN POLITICAL CAMPAIGNING AND POLITICAL MANAGEMENT- • Volunteer for a partisan political campaign • Make campaign speeches • Distribute campaign literature • Organize a political rally, meeting or fundraiser • Hold political party office or be a party delegate • Participate in partisan voter registration drives • Circulate nominating petitions • KEY: NO ACTIVITY IN CONCERT WITH A POLITICAL PARTY OR CANDIDATE

  15. FEDERAL HATCH ACT:PAS 5 U.S.C. § 7324(b); 5 C.F.R. PART 734, SUBPART E Unique Issues when Advising Presidential Appointees with Senate Confirmation (PAS)* • PAS use of subordinates • Travel • Speaking engagements *PAS satisfying all the criteria in 5 U.S.C. 7324(b)(2), who may engage in political activity while on duty, provided the costs associated with that political activity are not paid with U.S. Treasury funds

  16. FEDERAL HATCH ACT:EOP / PAS 5 U.S.C. § 7324(b); 5 C.F.R. PART 734, SUBPART E OFFICIAL EVENTS v. POLITICAL EVENTS FACTS TO CONSIDER: • the type of event and the reason for holding it • whether candidates (including incumbents seeking reelection) will be present at the event and what their role will be • the relationship, if any, between the event and official agency business • whether a candidate’s request is one reason for the agency political appointee to attend the event • whether the event was scheduled prior to a candidate’s involvement or after • the agency political appointee’s motivation for attending the event

  17. FEDERAL HATCH ACT:EOP / PAS 5 U.S.C. § 7324(b); 5 C.F.R. PART 734, SUBPART E OFFICIAL EVENTS v. POLITICAL EVENTS FACTS TO CONSIDER (cont.): • the frequency of similar types of events during non-election years and whether agency political appointees participated in such events in those years • the proximity of the event to the date of the election • who invited the agency political appointee to attend (e.g., congressional office, campaign staff, OPA, other agency officials, political party) • the parties responsible for planning and organizing the event • whether the event is open or closed to media • remarks made during the event by any person • other event invitees and the audience, i.e., whether party operatives or donors will be present

  18. FEDERAL HATCH ACT DON’Ts5 U.S.C. § 7323; 5 C.F.R. PART 734, SUBPART C ALL EMPLOYEES: MAY NOT BE CANDIDATES FOR PUBLIC OFFICE IN A PARTISAN ELECTION • Nonpartisan Election • Tribal Elections • Designated Localities

  19. FEDERAL HATCH ACT 5 U.S.C. §§ 7321-7326 HATCH ACT MODERNIZATION ACT OF 2012 H.R. 4152, S. 2170 (introduced; referred to committee) Sec. 7326. Penalties: An employee or individual who violates section 7323 or 7324 shall be subject to removal, reduction in grade, debarment from Federal employment for a period not to exceed 5 years, suspension, reprimand, or an assessment of a civil penalty not to exceed $1,000.

  20. FEDERAL HATCH ACT:OSC PHONE / E-MAIL CONTACTS HATCH ACT UNIT: (800) 85-HATCH (202) 254-3650 hatchact@osc.gov HATCH ACT LISTSERV: http://listserv.osc.gov OSC SPEAKERS / OUTREACH: (202) 254-3650

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