Political dos, dont's for DOD employees

  • Published
  • By Capt. Brendan Carbonell
  • 81st Training Wing Legal Office
KEESLER AIR FORCE BASE, Miss. --  As election season reaches its zenith in the next few weeks, it's important to once again take note of the restrictions placed upon military and Department of Defense civilian political activity. While there are several laws that lay out the political dos and don'ts (including DOD Directive 1344.10 and Air Force Instruction 51-902), it is important for all DOD employees to understand the Hatch Act, a law applying to DOD civilian personnel and all federal civilian employees.

The Hatch Act prohibits political activity by federal civilian employees while on duty, while wearing an official uniform or insignia, while using a government vehicle, or while in any Federal workplace. What counts as a federal workplace for purposes of the Hatch Act? Some buildings are obviously federal workplaces. For example, there is no doubt that the Sablich Center is a federal workplace because people conduct federal business there daily. But other Federal workplaces are less obvious to spot such as the Base Exchange, commissary and Bay Breeze Event Center.

According to the U.S. Office of Special Counsel, for purposes of the Hatch Act, a federal workplace is any federally owned space or federally leased space in which federal employees perform official duties on a regular basis. For example, the employees of the Bay Breeze are federal employees and they perform their official duties on a regular basis in the Bay Breeze facility. As a result, the Bay Breeze Event Center counts as a federal workplace. That means that if a federal civilian employee were to engage in prohibited political activities in the Bay Breeze Event Center that would be a violation of the Hatch Act. What is more, it would still be a violation even if that federal civilian employee did not personally work at the Bay Breeze. This example shows that you have to consider the definition of federal workplace and determine whether a particular building fits the description before making any decision to engage in political activities there.

Again, the Hatch Act not only prohibits political activity by federal civilian employees in any federal workplace, but also while federal civilian employees are on duty, wearing an official uniform or insignia or using a government vehicle. So, now that it's clear what counts as a federal workplace, what counts as a political activity?

According to the Hatch Act, political activities may include the following:

·Distributing campaign materials or items.
·Wearing partisan political buttons, t-shirts or other items.
·Displaying campaign materials or items.
·Performing campaign-related chores.
·Making political contributions to a political party, candidate for partisan political office, or partisan political group.
·Posting a comment to a blog or social media site, such as Facebook or Twitter that advocates for or against a political party, candidate for partisan political office, or partisan political group.
·Using any e-mail account to distribute, send or forward content that advocates for or against a political party, candidate for partisan political office, or partisan political group.

For more information about the Hatch Act, visit the U.S. Office of Special Counsel's website at http://www.osc.gov/hatchact.htm or contact Keesler's legal office. It's very important to be familiar with the Hatch Act's rules. Indeed, penalties for violating the Hatch act can be severe, including a 30-day suspension without pay and even removal from one's position. As America gets ready to head to the polls, make sure that you know what restrictions apply to you regarding political activities.