The U.S. Office of Special Counsel (OSC) has filed a complaint for disciplinary action with the Merit Systems Protection Board (MSPB) against a Department of Veterans Affairs (VA) doctor, charging him with 15 counts of violating the Hatch Act. While an employee of the VA’s Tennessee Valley Healthcare System, the doctor ran as an independent candidate in the 2014 partisan election for the office of U.S. senator from Tennessee. According to OSC, the doctor promoted his candidacy by distributing business cards featuring the VA’s official seal and touting his campaign video, which was available on his campaign website and on YouTube. The video included a testimonial from a patient he had treated at the VA. OSC also alleges that the doctor encouraged several VA colleagues and at least one patient – during a medical consultation – to watch his campaign video. He also solicited campaign contributions both online and in person and invited at least one patient, also during a medical consultation, to a campaign event.
The Hatch Act generally prohibits federal employees from being candidates in partisan elections – even as independent candidates – and from knowingly soliciting, accepting, or receiving political contributions from any person, at any time. The Hatch Act also prohibits employees from using their official influence as government employees to affect the result of an election. Finally, federal employees may not engage in any political activity while on duty or in the federal workplace. According to OSC’s November 17, 2017, complaint, the VA doctor had received guidance from the VA’s acting general counsel outlining each of the Hatch Act’s restrictions.
OSC’s complaint asks the MSPB to find that the doctor engaged in prohibited political activity as charged and to order appropriate disciplinary action. Penalties for Hatch Act violations range from reprimand or suspension to removal and debarment from federal employment.
“Federal employees should remember their restrictions under the Hatch Act,” Special Counsel Henry J. Kerner said. “Those who have questions should contact the Office of Special Counsel or their relevant agency officials for advice.”
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