The Hatch Act, which restricts the political activities of government employees to maintain a nonpartisan federal workforce, has been updated by the U.S. Office of Special Counsel (OSC). The OSC issued new guidelines on May 20 to clarify and tighten the rules governing political activities by federal employees.
The updated enforcement includes key changes outlined by OSC head Hampton Dellinger, particularly concerning White House personnel and the display of political items in federal workplaces. Mr. Dellinger, who took office in March 2024, emphasized the importance of ensuring uniform compliance with the Hatch Act across all federal employees.
One significant update targets a loophole that allowed senior White House personnel to evade full compliance with the Hatch Act. The changes aim to ensure that restrictions on political activities apply uniformly, including to top White House staff.
The OSC’s enforcement actions now involve bringing cases of Hatch Act violations by White House personnel directly to the U.S. Merit Systems Protection Board for adjudication. This change reflects a shift in handling such cases due to the MSPB having a quorum.
Additionally, the OSC has extended restrictions on political activities by updating guidance on the display of political candidate or party items in federal workplaces. The new rule imposes a year-round ban on both types of items to create a clear and uniform standard.
Furthermore, the OSC clarified that the Hatch Act’s prohibitions apply even after a federal employee has left government service. This ensures accountability and deters future violations, maintaining the integrity of federal service.
The OSC’s updated approach also emphasizes the balance between protecting federal employees’ speech rights and ensuring political neutrality. While the Hatch Act restricts overt political advocacy, discussions on policy matters related to federal programs or legislative proposals may be permissible if they do not serve as covert political endorsements.
Overall, the OSC’s updated enforcement approach aims to promote political neutrality, accountability, and adherence to the Hatch Act among federal employees. Please paraphrase
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