In this Issue:
En Garde!
Staying Vigilant Over the Hatch Act and Political Activity
Welcome to your monthly newsletter. Our goal is to
enhance the agency's ethics education by bringing you helpful
information, insights, and updates. We are here to support you
and hope this format is an enjoyable way for you to stay informed
and ethical! 
En Garde! Before a fencing match begins, the
competitors prepare themselves by taking the opening position,
ready to anticipate the opponent. This analogy is much like
federal employees and the Hatch Act, a statute that can be a
challenge to navigate. In this edition, we arm you with the
knowledge you need to know to stay within the bounds of the law
related to political activity in the workplace.
General Overview of the Hatch Act
The
Hatch Act of 1939 aims to ensure that federal programs are
administered in a nonpartisan manner. It protects federal
employees from political coercion in the workplace and ensures
employees are advanced by merit and not political affiliation.
According to this law, federal employees are prohibited from
engaging in political activity while on duty or in the workplace.
"Political activity" is defined as any activity
directed at the success or failure of a partisan candidate,
political party, or partisan political group. Partisan elections
include presidential and congressional elections, as well as any
other federal, state or local partisan elections. Certain rules
prohibit both on-duty and off-duty conduct. The U.S. Office of
Special Counsel (OSC) is the federal agency responsible for
investigating and prosecuting Hatch Act violations. See OSC's
Hatch Act FAQ here.
Violations can and do lead to serious disciplinary action and/or
criminal prosecutions.
Key Times to Remain Vigilant of the Hatch
Act
Break
Times -
As we catch up with our colleagues at the "water
cooler," whether in the office or virtually, be mindful of topics
that can and cannot be discussed on federal government property
and/or during official duty hours. An employee is considered on
duty while performing official duties whether in a building or
remotely; while wearing official insignia identifying his/her
office or position; or using a government vehicle. When you are
"on the clock," you may not engage in political activities. You
may not wear a political button, shirt, or face mask or display
partisan political posters in your home telework space that can
be seen during an online meeting.
"Water cooler" conversations can include
non-partisan controversial topics. Employees may express their
opinions about current events and matters of public interest,
such as gun control, immigration, or abortion so long as their
actions are not considered political activity. Such
expressions would, however, constitute political activity if
tied to candidates or political parties. For example, while
on duty or in the workplace, an employee may not say: ‘If you
disagree with healthcare reform, you should support candidate X.
Keep in mind that while discussing certain topics is
protected free speech, some topics may not be suitable for the
workplace or some audiences. As always, exercise discretion so as
not to offend colleagues and/or venture into heated topics.
Social Media –
Social media and permissible political activity by
federal employees can be tricky. Using social media to express
one's views only before or after hours will protect an employee
against allegations of Hatch Act violations. Certain actions on
social media, such as posting a hyperlink of a partisan
candidate's ad, performed while on official time, is a Hatch Act
violation. On your social media pages, you are permitted to
engage in political activity by expressing your opinions about
partisan groups or candidates in a partisan race, with some
limitations. These limitations include: referring to your
official title or position while engaging in political activity
at any time (note you are permitted to list your official title
on your social media profile); and suggesting or asking anyone to
make political contributions at any time.
It is permissible to "friend," "like," or "follow"
social media pages of partisan candidates or groups in a partisan
race. These activities cannot be done while on duty or in the
federal workplace. A question may arise of someone else posts or
"tweets" a message on your social media page soliciting political
contributions for a partisan political candidate in a political
race, or a link to the contribution page. In this instance, if a
link is posted on your social media, the employee should not take
actions to "like," "share," or "follow" the solicitation or
respond in any way that would tend to encourage others to
contribute or link to more information then asking for
contributions.
Fundraising –
The Hatch Act prohibits federal employees from
soliciting or receiving political contributions at anytime.
Fundraising is a "24/7" prohibition. For example, federal
employees may not solicit, accept, or receive contributions for
partisan fundraisers. Nor can employees host or co-host a
partisan political fundraiser anytime. You may help organize
partisan political fundraisers while remaining vigilant to not
personally solicit, accept, or receive political contributions.
Your name cannot appear on an invitation to a political
fundraiser as a sponsor or point of contact.
There is a large overlap with social media and
political activity. If you decide to post or re-post information
on your own personal time with your personal devices, ensure the
link is not towards a fundraising effort for a candidate.
In conclusion, always being en garde, ready to
identify situations where Hatch Act issues may arise is the best
form of defense against alleged violations.
ASK ETHICS
My
coworker and I were talking about attending a rally for Roe v.
Wade in DC. Can we talk about this topic in the federal
workspace? Can we attend the rally?
The answer to both questions is yes, you are
permitted to discuss controversial topics and attend issue-based
rallies in your personal capacity. Topics may seem politically
charged but do not specifically involve advocating for or against
a political party or candidate. The Hatch Act applies to
political speech, not non-partisan or sensitive topics. A
violation will occur if the topic or discussion evolves into
which candidate supports or is against an issue and why he/she is
a better candidate
Recent Examples
Federal
employee violates Hatch Act after using her position to provide a
guided tour of a federal facility to a candidate seeking a
partisan political office. Two cases of sending partisan
political emails and making political social media postings while
at work; second employee put a partisan political message into a
presentation
Recent
Hatch Cases a Warning on Prohibited Political Activity
(fedweek.com)
Upcoming Dates & Deadlines
In May 2022 -
Agency-wide
Hatch Act training will be held on Tuesday, May 17th from 11:00 - 11:45 am.
|
About
the
Office
of Ethics
The
Office of Ethics was established by the 2015 EXIM Charter. The
Office of Ethics staff is available at any time to provide advice
and counsel to employees and managers on any ethics questions,
including: personal and financial conflicts of interest; gifts;
seeking and negotiating other employment; engaging in outside
activities; financial disclosure reporting; political activity;
and, post-employment restrictions.
In accordance
with the Charter, the Senior Vice President and Chief Ethics
Officer, Lisa Terry, serves as the Designated Agency Ethics Official
(DAEO). She oversees EXIM's federal ethics program and
administration of EXIM's ethics program.
The DAEO, along
with the Alternate Designated Agency Ethics Official (ADAEO) Lance Mathews, coordinates with the Office of Government Ethics
and manages the day-to-day activities of the Office of Ethics.
Both the DAEO
and ADAEO, as well as ethics counsel, Stephen Grimes and Debra Zusin, are available at any time to provide advice and
counsel to employees and managers on any ethics questions.
The Office of
Ethic's program specialist Gabrielle Guy, provides Ethics' program specialist, provides
administrative support, including serving as system administrator
for the Integrity and Financial Disclosure (FD) online systems.
When
contemplating any action that may be covered by the ethics rules,
always seek the advice of the Office of Ethics at EthicsAdvice@exim.gov.
Lisa V. Terry
Senior Vice President &
Chief Ethics Officer
Office of Ethics Staff:
Lisa V. Terry
Senior Vice President &
Chief Ethics Officer (DAEO)
Lance Mathews
Deputy Chief Ethics Officer (ADAEO)
Stephen
Grimes
Attorney-Advisor, Ethics
Debra Zusin
Attorney-Advisor, Ethics
Gabrielle Guy
Program Specialist |
