OSC Seeks Disciplinary Action Under Hatch Act Against Postal Service Employee Who Ran for Partisan Political Office

March 08, 2018

OSC is  seeking  disciplinary  action  against  a  United  States  Postal  Service  (USPS)  employee  who  ran  for  two  partisan   political offices.

The U.S. Office of Special Counsel (OSC) is seeking disciplinary action against a United States Postal Service (USPS) employee who ran for two partisan political offices. OSC filed the complaint of Hatch Act violations with the Merit Systems Protection Board.

The complaint alleges that in 2017, a USPS employee at the Philadelphia Processing and  Distribution Center twice ran as a candidate for partisan political office and was elected to a position in which the employee currently serves. The complaint alleges that the employee pursued partisan elected office after receiving guidance and warnings from OSC about potential Hatch Act violations, and failed to respond to OSC’s requests to comply with the law.

According to the complaint, the Hatch Act specifically prohibits USPS employees from running for election to a partisan political office. Under 5 C.F.R. § 734.101, partisan political office is defined as “any office for which any candidate is nominated or elected as representing a party any of whose candidates for Presidential elector received votes in the last preceding election at which Presidential electors were selected.”

The complaint seeks appropriate disciplinary action against the employee on two counts: being a candidate for partisan political office for a local government council and being a candidate for partisan  political office for a local election precinct position. Per the complaint, the employee was elected to the election precinct position and is serving a term of office.

Penalties for Hatch Act violations range from reprimand or suspension to removal and debarment from federal employment and may include a civil fine.

Federal employees generally fall under the jurisdiction of the Hatch Act with few exceptions. The President and Vice President are exempt. Members of the uniformed military services fall under separate rules for political activity. Some federal employees, such as those in law enforcement, are “further  restricted” from political activities than other federal employees under the Hatch Act. More information is available here.

“Federal employees should abide by 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.”