The Office of Special Counsel (OSC) is closing a loophole in the Hatch Act that bars federal employees from political activities at work, the office announced in a new rule Monday.
Hampton Dellinger, who leads the OSC, wrote in Politico who instructed his office to fully enforce the law against White House employees, going against a long-standing policy that he described as a loophole.
“After careful review of past and present policies, I am updating my agency’s enforcement approach to put an end to this disparate treatment,” he wrote.
“Although Congress has given the president broad hiring authority, once advisers are on board, they are still subject to the same rules – from the tax code to conflict of interest laws – that govern other federal employees,” Dellinger added. “The Hatch Act, with mostly civil sanctions, should be no different.”
The change in OSC rules allows the U.S. Merit Systems Protection Board (MSPB), the oversight body that oversees violations of the Hatch Act, to prosecute cases against White House officials. A notice from the office cites the recently reached quorum on the MSPB board and rejects a 1978 Justice Department opinion that the office previously cited for not bringing prosecutions against White House officials.
The rule change also expands enforcement to those who violated the Hatch Act but have since left employment with the federal government. Additionally, it expands an OSC rule that prohibits the use and display of partisan campaign merchandise in federal offices.
“These changes to enforcement should provide clear guidance and clear rules for federal employees and the public,” Dellinger wrote. “And the goal of each is to adhere closely and faithfully to the mandates of Congress as well as the relevant applications of the Hatch Act by the MSPB and the judiciary.”
However, Dellinger noted that federal employees have the ability to speak about political issues more freely.
“Congress, like the courts, wants partisan politics outside the federal workplace and workers in the workplace to be mission-oriented, not campaign-oriented,” he wrote. “But lawmakers have also made clear that government officials must be able to speak about political issues in a meaningful way. As Special Advisor, I am committed to following and complying with both of these guidelines.”
This story originally appeared on thehill.com read the full story
