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The LAW

The LAW. THE HATCH ACT. 1993 REFORMS. 5 CFR Part 734. FACTORS. “Partisan Political Office” Public Office. Partisan Political Activity Actions aimed at. Employee Status: (1) Career SES and equivalents No. (2) Most of us: N-C SES & Sch. C Maybe.

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The LAW

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  1. The LAW • THE HATCH ACT • 1993 REFORMS • 5 CFR Part 734.

  2. FACTORS • “Partisan Political Office” Public Office. • Partisan Political Activity Actions aimed at. • Employee Status: (1) Career SES and equivalents No. (2) Most of us: N-C SES & Sch. C Maybe. (3) PAS officials. • Participation in Official Capacity: (1) N-C SES & Sch. C No. (2) PAS officials. Yes. * • Detailees to Congress—Still covered.

  3. CAVEAT: APPROPRIATED FUNDS • No one may use appropriated funds in connection with partisan political activity. • Most of us: No participation on official time & dime. • PAS: Political travel accounting. • Long distance calls.

  4. “Partisan Political Office” • Public office • Any candidate • nominated or elected • represents a party • Any of whose candidates for Pres. elector received votes in 2004

  5. Some Non-Partisan Activities Attending Voting

  6. More Non-Partisan Activities Expressing Opinions (on personal time) Non-partisan “Get Out the Vote” Drives

  7. And More Non-Partisan Activities Joining a Party or Civic Group Contributing Money

  8. CAPACITY OFFICIAL OR PERSONAL CAPACITY? Time & Place SGEs & Per Diem

  9. Speaking of contributing money

  10. Federal Election Campaign Act

  11. Annual Political Contribution Limits (McCain-Feingold secs.102 and 308)·Individual per election:$2,000  ·Individual aggregate: $37,500  ·National party committee: $25,000·State party committee: $10,000

  12. Contributions Defined Money/anything of value To influence Federal election. • Donated Items and Services. • Fundraising Tickets and Items. • Loans. • Support to “Test the Waters.”

  13. NON-PARTISAN CAVEAT • Standards of Conduct also may apply: • Non-Hatch fundraising = soliciting gifts • Misuse of title.

  14. GENERAL RULES NON-PAS EMPLOYEES MAY NOT: Use Government equipment, supplies, resources, personnel, or time. • Emails. • Circulating newsclips. • Teleworking—even 1 dime. • Blogs & wikipedia. • Writing speeches for PASs. • Arranging political travel. • Employee Assn. bulletin • boards—not protected.

  15. ON DUTY / AT WORK:Active Campaign rule:-- Buttons/emblems-- Posters-- Bumper stickers GOV POV -- Used for work. -- Parking Lot.

  16. You Make the Call: • Spot the Hatch Act bumper sticker issue: • Car with 20 Bush/Cheney ’04 Stickers parked in front of the Whitten Building. • Car with 1 “John McCain” sticker driven by FSA SED for official business in AZ. • Car with sticker for an independent candidate for race for school board in Chevy Chase.

  17. OK. I’m off duty.So what can’t I do?

  18. NO RUN • Nominee or candidate. • Testing the waters—signatures, petitions, funds, announcement, campaign committee. • Non-partisan elections. Crossfiling. • Local Elections 5 CFR Part 733. • [Any candidate. Last Minute!] • VA, MD, but not DC!

  19. When does nonpartisan become partisan? • Candidate: • Seeks & receives party endorsement (unsolicited/unused is OK). • Advertises party endorsement. • Uses party resources. • Identifies with a party. • Other evidence that partisan politics entered the candidate’s campaign.

  20. NO FUN(draising) • SOLICIT, ACCEPT, RECEIVE: • Not dependent on use of title. • Phone Banks-Anonymity irrelevant. • Includes uncompensated volunteer • services from subordinates.

  21. FUNDRAISING EVENTS • Attendance OK • Speaking OK • EndorsementOK BUT: NO SOLICITATION NO TITLE

  22. FUNDRAISING INVITATIONS • YES • Planning • Meet & Greet** • NO • Hosting • Inviting others • “Bundling” • Committee Letterhead • POC

  23. FUNDRAISERS & THE PAS • Keep the PAS clear of $$$. • Invitations: No title; “Honorable.” • PAS’s name & $$– separate page. • Check website. • Clear with the Office of Ethics.

  24. Use of Title?? You Make the Call Undersecretary Smith can be introduced as: • Undersecretary for Food Safety, USDA? • Undersecretary at USDA? • A Cabinet member? • USDA Political Appointee? • Federal employee serving the President? • In DC, serving the Administration?

  25. EXCEPTIONS • Non-partisan campaigns • Fed. Union: Multi-candidate PAC. • Local OPM-rule campaigns.

  26. OK. So, what can I do?[In my personal time, of course.]

  27. ACTIVE PARTICIPATION VOLUNTEERING: Literature. Phone & personal canvassing Mailings Petitions Serving as Poll watcher. Recruit Volunteers Get out the Partisan Vote. HOWEVER: Not through PAS Supervisor.

  28. CAMPAIGNING & PARTY MANAGEMENT Party Officer: Except Treasurer! Committee Chair Endorse & Influence Others Credential Checker/Challenger Manage a Campaign Organize Meetings Act at Rallies.

  29. EMPLOYMENT • You may even be Employed by a Partisan Political Party. • PAS Rule. • Travel costs. • Reporting.

  30. PAS OFFICIAL PARTICIPATION • POLITICAL TRAVEL • FEDERAL OFFICES

  31. PAS “Mixed” Travel CONGESSIONAL RACES, PARTY EVENTS: “Hard time” Rule. PRESIDENTIAL RACE:100%. PAYMENT BY PARTY/CAMPAIGN Non-PAS accompanying

  32. SPECIAL RULE: NO Political Travel on Corporate Aircraft: Except in extraordinary circumstances. (Contact the Office of Ethics for advice.)

  33. PASs & FEDERAL OFFICES • MAY: On occasion-- • Meetings • Speeches • LIMITATIONS: • Long distance/FAX. • Staff writing partisan speeches. • Staff arrange purely political • meetings or travel. • Solicit subordinates to participate. • Unless a purely official role.

  34. MISUSE OF POSITION MAY NOT Misuse official position to: *Affect/interfere with an election. • Coerce/discourage: • subordinates; • USDA program participants, • contractors, grantees, etc.; • Persons investigated, audited, • or subject to enforcement actions by USDA.

  35. MISUSE OF POSITION II • Providing names/addresses of employees to candidate/campaign? • Providing contacts developed through official duties?

  36. Official Appearances with Candidates

  37. Official Appearances with Candidates ISSUES: Hatch Act restrictions Use of appropriated $.

  38. Should I appear with an incumbent with official interest? Factors : • Nature of the Official • Nature of the Event • Ultimate Source of Invitation • Timing & Location • Attendees • Subject Matter

  39. General Safety Hints • If any question – PAS: Ask candidate or campaign to pay for it. Others: Personal capacity. Staff: Anticipate overstepping * Misuse of title * Presentations/Gifts * Photo ops Establish ground rules. Get all materials. Expect the Unanticipated.

  40. Appearing in TV/Radio Campaign Ads • Not in official capacity, except for PAS. • No use of title, office or Federal funds [even PAS]. • Can’t show Agency’s program participants or images linking you to your official position.

  41. Non-Incumbents & Incumbents with No Interest • Less justifiable as official duties. • Treat same as any member of the public. • Watch timing and appearances of favoritism. • Be prepared to extend to all candidates.

  42. PENALTIES AUTOMATIC REMOVAL. MSPB may only reduce this to a 30-day suspension. OSC-MSPB has jurisdiction NOT USDA.

  43. “JUMP IN!” • ADVICE: • OSC: • 1-800-85-HATCH • Hatchact@osc.gov • OE: • 720-2251

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