Hatch Act restricts political activities, even while teleworking

Courtesy Photo | With the increase in home-based telework due to recent events and the upcoming presidential election, Department of Defense (DOD) employees may have questions about allowable political activity. The Hatch Act and DOD policy govern the political activities of DOD civilian employees. Among other restrictions, the statute and regulation prohibit employees from engaging in political activities in a federal workplace; while on duty; while wearing a government uniform, badge, or insignia; and/or while using a government vehicle. (U.S. Army Graphic Illustration)  

FORT MCCOY, WISCONSIN, UNITED STATES

05.21.2020

Courtesy Story

Fort McCoy Public Affairs Office           

With the increase in home-based telework due to recent events and the upcoming presidential election, Department of Defense (DOD) employees may have questions about allowable political activity.

The Hatch Act and DOD policy govern the political activities of DOD civilian employees. Among other restrictions, the statute and regulation prohibit employees from engaging in political activities in a federal workplace; while on duty; while wearing a government uniform, badge, or insignia; and/or while using a government vehicle.

Political activity is defined as an activity directed toward the success or failure of a political party, candidate for partisan political office, or partisan political group.

Teleworking away from the traditional office setting does fall under the “while on duty” restriction. From whatever location you are teleworking, that site constitutes your place of duty for that particular workday. If you are teleworking from home, you are on duty and may not engage in political activities in your home while you are on duty, even if you are on a personal device like a home computer or personal cellphone.

Employees participating in virtual work-related conferences are subject to the same on-duty Hatch Act restrictions as when they attend meetings or communicate in person with others at work. For example, employees should not wear a campaign T-shirt or hat while participating in a work-related video conference call, and they should ensure that any partisan materials, such as campaign signs or candidate pictures, are not visible to others during the call.

Additionally, some teleconferencing programs and email applications allow individuals to add a profile picture, which is visible to others. Employees using email or other conferencing programs for work purposes may not use the profile pictures associated with these platforms to show support for or opposition to a political party, partisan political group, or candidate for partisan political office.

After the end of a workday, employees cannot use government computers or government mobile phones to engage in partisan political activity. For example, employees may not send or forward political material or messages using their government laptop or government mobile phone after completing a day of telework.

However, employees may engage in permitted political activities while using personal devices after the end of the workday or during a lunch break while they are working at home. Remember that if you are in a federal building during a lunch break, you cannot use your personal computer or personal mobile phone to engage in political activity.
The Hatch Act prohibits federal employees from soliciting or receiving political contributions. Fundraising is a 24/7 prohibition. For example, Federal employees may not ask for contributions, collect contributions, host or forward an online political fundraiser, or promote political fundraisers.

While teleworking, employees can use their government computers or government mobile phones to post a comment on a professional association’s online discussion forum or an online news article about a current policy or a proposed policy change. Commenting about a current policy or proposed policy change is not considered political activity, and therefore the Hatch Act does not restrict this activity.

Federal employees may express their opinions about current events and matters of public interest, such as referendum matters, changes in municipal ordinances, constitutional amendments, pending legislation, or other matters of public interest, like issues involving highways, schools, housing, and taxes. Employees must still be mindful of using official time for official purposes and of DOD computer-use policies and must ensure they do not use or make any reference to their official position or title when expressing personal opinions.

This article is not comprehensive guidance, nor should it be substituted for legal advice. It is intended to provide an overview of the interplay between the Hatch Act and a telework setting.

Political activity by members of the armed forces is covered under DOD Directive 1344.10.

For more information, contact your ethics counsel or visit the Standards of Conduct Office website at https://ogc.osd.mil/defense_ethics/topics/political_activities.html.

(Article prepared by the Fort McCoy Installation Legal Office.)

• Date Taken: 05.21.2020
• Date Posted: 05.21.2020 16:12
• Story ID: 370577
• Location: FORT MCCOY, WISCONSIN, US