I’ve been approached by a number of our regional members asking about the Hatch Act given that we are in the middle of the craziness that is election season. It seems that controller’s favorite pastime is to try and find loopholes in the rules so let me answer some of your questions. For example, may you wear a t-shirt to work from 1992 that says, “Clinton for President”? What about putting a sticker on your locker that says “Pro Life, Pro American”?
Remember that employees may not engage in political activity while:
1) On duty,
2) In a government room or building,
3) Wearing an official uniform or insignia,
4) Using a government vehicle.
The answer to the above questions are found in the definition of political activity which is “any activity directed toward the success or failure of a partisan candidate, political party, or partisan political group.”
You can talk about the debates, speculate about pieces of legislation, or even argue specific issues if you can do it without being a distraction. But you must not tie anything back to a political party, candidate for partisan office, or partisan political group. If you do, it a Hatch Act violation. Violations include wearing candidate/party/partisan group buttons or t-shirts, displaying screen savers, posters, candidate photographs, or making online donations, just to name a few. Other common violations include emailing, blogging, tweeting, posting to social media, etc. This is true even if using a personal device or email account sharing or forwarding content authored by others. This includes “liking” or “re-tweeting” posts or tweets that constitute political activity. All of these activities cannot be done if ANY of the 4 criteria are met. Out side of that, feel free to campaign for your favorite candidate, party, or group as much as you like or until your family and friends get tired of you and cut off all communication.
The exception to that (com’on, you had to know there would be exceptions) is you may NEVER solicit, accept, or receive political contributions. This includes asking for donations in anyway, working a phone bank (if asking for contributions), or hosting a fundraiser. In fact, sharing or liking fundraising posts on social media is a violation. The exception is that you may solicit for the NATCA PAC as long as it is off duty and outside the workplace.
If you are in doubt, contact me and I will get you an answer. Let’s look out for one another and we will get through this thing just fine. And incase you were wondering, No, you may not wear a “Clinton of President” t-shirt from 1992. The Office of Special Council (OSC) has said that you’re not fooling anyone, your intent is pretty clear… and that no self-respecting individual is still wearing t-shirts that old. (Apparently the OSC is very fashion conscious). Lastly, Yes, you may have a sticker that says Pro Life, Pro American” because it references a political issue, not a candidate/party/partisan group and therefore is not considered political activity.
Richard Kennington
Legislative Chair to the Greatest Region