September 12, 2012

The Hatch Act in the news

A week ago I wrote how a deputy associate administrator at the Seattle branch office of the FAA may have violated the Hatch Act by telling employees �how to vote if they wanted to keep their job� Now, from the Washington Free Beacon:
More Accusations in Hatch Act Case
The government watchdog group that last week requested an investigation into two FAA employees for potential Hatch Act violations has discovered more potential violations of election laws by one of the individuals, the Washington Free Beacon has learned.

Regarding the new information, Cause of Action�s Executive Director Dan Epstein said:
We have reason to believe that an immediate investigation is necessary in this case. It appears that Mr. Hickey may have violated any number of laws on the books protecting individuals from intimidation, interference, or coercion concerning their right to vote. It is the obligation of the election crimes division of the U.S. Department of Justice to investigate those matters. Furthermore, Mr. Hickey may have violated several Prohibited Personnel Practices (5 U.S.C �2302) including discrimination against employees based on political affiliation, as well as potential whistleblower retaliation. Carolyn Lerner of the Office of Special Counsel should investigate those matters as well.

Mr. Scovel, as Inspector General, has authority to investigate all of these allegations as well as make referrals to the OSC or DOJ when appropriate. Cause of Action will be asking Mr. Scovel to provide records concerning just when potential Hatch Act, election misconduct, or prohibited personnel practices issues involved at the FAA first came to his attention in order to determine whether investigations or remedies may have been unreasonably delayed. As far as we can tell, Mr. Hickey is still an officer of the United States Federal Government.
And it's not just that branch of the FAA either -- from the Federal Times:
HHS Secretary Sebelius found in violation of Hatch Act
Health and Human Services Secretary Kathleen Sebelius violated the Hatch Act in February when she called for re-electing President Obama during an official department appearance, the Office of Special Counsel said Wednesday.

The finding could possibly cost Sebelius her job.

Although OSC did not recommend any specific punishment, and said Obama will decide how to punish her, Hatch Act violators are usually fired. However, the Merit Systems Protection Board can lower the penalty to a 30-day unpaid suspension if the board unanimously agrees the violation does not warrant removal.

OSC told Federal Times that Obama also could choose not to levy any punishment.
And of course, we all know what Obama will do with a faithful minion. A slap on the wrist and being told to lay low for a while. We will see what happens come November -- not that far away. Posted by DaveH at September 12, 2012 2:43 PM
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