U.S. Office of
Special Counsel Press Release
OSC SEEKS DISCIPLINARY ACTION AGAINST TWO FEDERAL
EMPLOYEES FOR SENDING PROHIBITED POLITICAL E-MAIL MESSAGES WHILE ON DUTY
FOR IMMEDIATE RELEASE - 9/8/04
CONTACT: CATHY DEEDS
The U.S. Office of Special Counsel (OSC) has
filed two similar complaints for disciplinary action against Federal
employees for sending politically partisan electronic mail messages
while on duty, in violation of the Hatch Act. The OSC filed the
complaints with the Merit Systems Protection Board (MSBP) on August 12,
2004.
One complaint against U.S. Environmental
Protection Agency (EPA) employee Maureen Taylor-Glaze, alleges that she
sent an e-mail message to about 15 of her EPA coworkers while she was
on duty and in her Federal office building. The message contained
a widely-circulated picture purportedly to be actress Jane Fonda and
John Kerry speaking at an anti-war rally. Under the picture were
numerous negative statements about Presidential candidate John Kerry,
and the statement, “Please keep this going. We do not need this
man as our President.”
A similar complaint alleges that U.S. Air
Force civilian employee Donald Thompson sent an e-mail message titled,
“George W”, to more than 70 recipients while he was on duty. The
message contained a document mimicking President Bush’s resume and is
filled with allegations of incompetence and malfeasance specifically
directed at President Bush’s defeat in the upcoming election. It
also contains the phrases, “Please consider me when voting in 2004” and
“Please send this to every voter you know.”
Special Counsel Scott Bloch said, “The use of
Internet and electronic mail is second-nature to almost everyone, and
has become a favorite and effective campaign tool, even more so
perhaps, than four years ago. I want to remind Federal employees
to be vigilant about following the Hatch Act, because we will consider
this activity a form of electronic leafleting, and thus a violation of
the prohibition on partisan political activity in the workplace.”
The Hatch Act prohibits Federal executive branch
employees from engaging in political activity while on duty, in any
room or building occupied in the discharge of official duties by an
individual employed or holding office in the U.S. government, while
wearing a uniform or official insignia identifying the office or
position of the employee, or using any vehicle owned or leased by the
government. Political activity has been defined as activity
directed toward the success or failure of a political party, candidate
for a partisan political office or partisan political group.
The OSC provides advisory opinions on the
Hatch Act and also enforces the provisions of the Act by filing
petitions for disciplinary action. Employees who are charged with
violations are entitled to a hearing before the MSPB. Under the
Act, the presumptive penalty for a violation is removal from Federal
employment. However, upon a unanimous vote of its members, the MSPB can
mitigate the penalty to no less than a 30-day suspension without
pay. Employees have the right to appeal the MSPB’s decision to
the United States Court of Appeals for the Federal Circuit.
***
The U.S. Office of Special Counsel (OSC) is an
independent investigative and prosecutorial agency and operates as a
secure channel for disclosures of whistleblower complaints and abuse of
authority. Its primary mission is to safeguard the merit system in
Federal employment by protecting Federal employees and applicants from
prohibited personnel practices, especially retaliation for
whistleblowing. OSC also has jurisdiction over the Hatch Act and the
Uniformed Services Employment and Reemployment Rights Act. For more
information please visit our web site at www.osc.gov
or call 1-800-872-9855.