The U.S. Office of Special Counsel (OSC) recently filed disciplinary complaints with the U.S. Merit Systems Protection Board (MSPB) against two federal employees for serious violations of the Hatch Act. The complaints allege that, despite warnings from OSC, the employees ran for partisan political office and solicited political contributions, among other prohibited political activities.
USPS Employee Continued Partisan Campaign Despite Prior Hatch Act Warning
In the first complaint, OSC charged a U.S. Postal Service employee with a knowing violation of the Hatch Act by running in a partisan election for a position in the state legislature and soliciting political contributions after OSC previously investigated the employee for similar conduct in 2022. At that time, OSC determined that the employee had violated the Hatch Act and issued a warning letter advising the employee that any future violations would be considered willful and knowing and could result in disciplinary action.
Despite that warning, the employee again ran for partisan political office and solicited contributions for their campaign and the campaign of another candidate. The employee continued these activities even after being notified of OSC’s investigation.
VA Employee Engaged in Prohibited Political Activity Despite OSC’s Compliance Efforts
In the second complaint, OSC charged an employee of the U.S. Department of Veterans Affairs (VA) with violating the Hatch Act by running for a state legislative position. Earlier this year, OSC notified the employee that the Hatch Act prohibited their candidacy for partisan political office. The employee stated that they would resign from federal employment to comply with the law and submitted a resignation letter to their agency.
However, immediately after losing the primary election, the employee rescinded their resignation and resumed regular duty hours. The employee also retroactively took leave for the days during which they had claimed to have resigned.
OSC’s investigation also uncovered evidence that the employee knowingly solicited contributions for their campaign and another candidate’s campaign and used agency resources—including their official VA email and government-licensed Microsoft Copilot — to make campaign flyers and engage in political activity for their own campaign and four other partisan campaigns while on duty or in the federal workplace.
The employee’s refusal to comply with the Hatch Act after being given an opportunity to do so, combined with their other prohibited political activity, warrants significant disciplinary action.
“Political candidacy violations are black letter law under the Hatch Act,” said Special Counsel Charles Baldis. “OSC works hard to help federal employees stay compliant with the law, but we will not hesitate to pursue discipline before the MSPB when appropriate.”
OSC filed these complaints with the MSPB to pursue disciplinary action which could include reprimand, suspension without pay, termination, fines, reinstatement, or other administration sanctions, depending on the case.
For more information on Hatch Act provisions and compliance guidance, visit osc.gov.