Since this is an election year for many county governments, it is a good time to provide a reminder about the federal Hatch Act and how it applies to county government employees.
The Hatch Act was originally written to restrict the political activities of employees of the executive branch of the federal government, the District of Columbia government and certain state and local agencies.
In 1993, Congress passed amendments to the act that allowed federal and D.C. government employees to engage in many political activities. These amendments did not alter the restrictions on state and local employees.
Local government employees covered by the Hatch Act are those who are principally employed by state or local executive agencies who work for programs financed, in whole or in part, by federal loans or grant funds.
Under the current Hatch Act, county employees who are paid with federal funds may,
• run for public office in nonpartisan elections
• campaign for and hold office in political clubs and organizations
• actively campaign for candidates for public office in partisan and non partisan elections, and
• contribute money to political organizations and attend political fundraising functions.
Under the act, county employees who are paid with federal funds may not:
• be candidates for public office in a partisan election
• use official authority or influence to interfere with or affect the results of an election or nomination, or
• directly or indirectly coerce contributions from subordinates in support of a political party or candidate.
Several opinions issued by the U.S. Office of Special Counsel addressed questions raised by covered employees:
When would a covered employee of a county department of social services have to resign in order to run for district attorney in a partisan election in that county?
The prohibition against political activity extends to all preliminaries leading to a formal announcement, such as canvassing or soliciting support and any other preparatory activities, not just to the formal announcement of candidacy.
If employment in a covered county position as emergency services director is part-time and the majority of the individual’s income is derived from a non covered position, is running for office in a partisan election a violation of the Hatch Act?
The special counsel concludes that the individual is not covered by the Hatch Act because more time is devoted to and more income is earned from the non-federally funded position. Therefore, the Hatch Act would not prohibit the individual from running for election in a partisan election.
If an employee works for a county program that is 75 percent funded with federal funds and the money is used for general operating expenses, is the employee considered covered by the Hatch Act and therefore unable to run for public office in a partisan election?
The individual employee clearly has duties in connection with a federally funded program and is prohibited from running in a partisan election.
Can a covered employee be appointed to fill a vacancy for an elective office?
Yes, a covered employee may be appointed to finish out the unexpired term of an officeholder elected in a partisan election, but will not be able to run for re-election.
Can a covered supervisor sell tickets to a fundraiser in the workplace?
No, a covered supervisor violates the act by advising employees they may purchase tickets to a fundraising event.
What are the penalties for violation of the act?
Dismissal of the employee who commits the violation or forfeiture of a portion of federal assistance that is equal to two years salary of the violating employee.
(Information from the Political Activity and the State and Local Employee, a fact sheet by the U.S. Office of Special Counsel and the Office of the Special Counsel’s Web page at www.osc.gov/hatchact.htm was used in this article.)
(Research News is written by Jacqueline Byers, director of research)
