Judge Orders Removal of Postal Service Employee Who Violated the Hatch Act When She Ran for Political Office

August 02, 2018

OSC today announced that USPS employee who ran for two partisan political offices has been ordered removed from her employment.

The U.S. Office of Special Counsel (OSC) today announced that a U.S. Postal Service (USPS) employee who ran for two partisan political offices has been ordered removed from her USPS employment. OSC filed a complaint of Hatch Act violations with the Merit Systems Protection Board (MSPB) in March 2018 after the employee, a postal mail processing clerk, ran in two 2017 partisan elections. The Hatch Act specifically prohibits USPS employees from running for election to a partisan political office.

OSC provided the employee several opportunities to come into compliance with the law, but she failed to do so and won one of her elections while remaining a USPS employee. This week, an MSPB Administrative Law Judge granted OSC’s motion and ordered the employee removed from her employment.

“Federal employees have an obligation to abide by their restrictions under the Hatch Act,” Special Counsel Henry J. Kerner said. “There are real repercussions when someone brazenly violates the Hatch Act. Anyone with questions should contact OSC or their relevant agency officials for advice and should then follow it, or, as here, face the consequences.”

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.