OSC’s May 2024 Advisory
Thanks to a social media trend, official “Kerry / Edwards 2004” campaign gear is back in style. May an employee show off their classic Kerry / Edwards bandanna on a Teams call with their HUD colleagues?
No!
The definition of a “current or contemporaneous political figure” is “an incumbent federal elected official and/or someone who has ever received a political party's nomination for President of the United States and is still living.” So John Kerry qualifies. And the bandanna was issued BY the campaign.
Sonya K., an OGC supervisor, wants to attend a delicious pasta fundraising dinner for a current political candidate.
Yes, this is permissible. Federal employees – whether less restricted or further restricted – may attend political fundraisers. They may not, however, solicit, accept, or receive political contributions (including hosting or inviting others to political fundraisers).
Lilo is a proud Career Senior Executive Service employee at HUD and Stitch is a proud and experienced GS-14 OGC attorney at HUD. Who is considered a "further restricted employee" under the Hatch Act?
Lilo - Career Senior Executive Service employee.
Further restricted employees may not engage in “political activity” on behalf of a political party or partisan political group (collectively referred to as “partisan groups”) or candidate in a partisan election.
Tom the supervisor has caught word that Jerry the employee may have committed a Hatch Act violation. Tom the supervisor wants to take speedy action to address the issue. Tom wants your counsel on options for disciplinary action. What do you tell Tom?
A. HUD can go ahead and discipline Jerry for violating the Hatch Act.
B. HUD must refer the potential Hatch Act violation to OSC.
B. - HUD must refer the potential Hatch Act violation to OSC.
The U.S. Office of Special Counsel - NOT the employee’s own agency - has authority to pursue discipline against federal employees for violation of the Hatch Act.
Sean K., an OGC trial attorney, is a failed art student who is exceptionally proud of a portrait of George W. Bush that he painted before flunking out of art school. Can Sean take HUD Teams calls in a room with the Bush portrait behind him?
Yes!
Although George W. Bush is a current or contemporaneous political figure, the painting was not issued by or obtained from Bush’s campaign or a political party.
Ana J., an OGC trial attorney, wants to share a social media post promoting a political candidate while she is teleworking but on her unpaid lunch break.
Yes, this is permissible – as long as the post does not solicit funds.
In this question, Ana J. is a less restricted employee. Please note that a further restricted employee may like a social media post or page promoting a partisan candidate, but may not share (or repost) the post or page.
Is Robert F. Kennedy, Jr. a "current or contemporaneous political figure"?
Yes. He was the presidential nominee of a political party in some jurisdictions in 2024.
Tommy Rugrat is a new federal employee and thus has limited annual leave accrued. Nevertheless, he is excited to cast his vote for his preferred candidates this election. Is it possible for Tommy to receive some other form of leave so he can cast his vote during the workday?
A. No, Tommy must either take annual leave or live vicariously through Angelica who has ample accrued leave.
B. Yes, employees may be granted up to four hours of administrative leave on election day.
B. - employees may be granted up to four hours of administrative leave on election day.
This administrative leave may be used to vote or to serve as a non-partisan poll worker or non-partisan observer.
Patty M.K., an OGC trial attorney, loves to collect presidential memorabilia. Her prized possession is an authentic JFK/LBJ campaign poster from 1960. May she display this poster in her HUD office?
Yes!
Although JFK and LBJ are both individuals who received a party’s nomination for president, and the poster was issued by JFK’s campaign, neither person is still living.
Rich M., an OGC trial attorney, would like to express his views on the conflict between Israel and Hamas while he is at work.
Yes, this is permissible.
Unless, in doing so, Rich suggests domestic electoral action or shows support for, or opposition to, domestic political parties, partisan political groups, or candidates for partisan political office.
Tam is incredibly excited about this campaign season!! She is over the moon as she has been invited to deliver some remarks on behalf of her favorite candidate at a partisan political event. Is this permissible?
A. No, all employees are banned from speaking at partisan political events, regardless of whether they serve in further or less restricted roles.
B. Yes, so long as Tam is a less restricted employee who is off duty and does not use her official title or affiliation with the government or solicit funds.
B.
Ruth, one of your regional IT support workers, sends you an email and you notice that her signature line has a quote from Kamala Harris. Ruth's email address has (CTR) after her name. What should you do?
Contact Ruth's Contracting Officer's Representative. The Hatch Act does not apply to third-party contractors - individuals employed by an outside firm that itself has a contract with HUD. But the contract may have provisions that prohibit political activity in the workplace. The Hatch Act may apply to Personal Services Contractors, depending on the facts.