And Now a Word With … OSC’s Hatch Act Unit Chief Ana Galindo-Marrone
By Dan Gephart, September 17, 2024
Televised debates and annoying political advertisements can only mean one thing: It’s election season again, and the Office of Special Counsel’s Hatch Act Unit is busier than the restaurant kitchen in TV’s fictional The Bear.
In recent years, the most-common Hatch Act violations have involved the use of social media to engage in on-duty political activity. But each election season seems to bring some new surprise.
Ana Galindo-Marrone, Chief of the Office of Special Counsel’s Hatch Act Unit, generously took some time from her hectic schedule to answer our questions.
DG: Regarding inquiries or violations, what is a new issue that you hadn’t dealt with before?
AG: OSC has recently updated its position on Federal employees displaying political candidate merchandise after the election. We previously advised that once an election is over, it is okay to display such items. However, Special Counsel [Hampton] Dellinger has instituted a year-round ban on displaying materials related to a current or contemporaneous political figure no matter if it’s before or after an election. A current or contemporaneous political figure is an incumbent Federal elected official and/or someone who has ever received a political party’s nomination for President of the United States and is still living.
We also receive many inquiries about whether issue advocacy violates the Hatch Act, which we advise would generally not violate the Hatch Act, absent any accompanying message in support of a political candidate, party, partisan political group, or other electoral-focused message.
DG: Here’s an example of an advocacy issue – the Israel-Hamas war. Have you received any questions about it and, if so, what is your guidance?
AG: OSC has received numerous questions regarding whether the Hatch Act restricts Federal employees from expressing their views about the current conflict between Israel and Hamas and other related topics. In response, OSC issued an advisory opinion to inform Federal employees of when and how the Hatch Act might apply to such speech.
The relevant provision of the Hatch Act prohibits employees from engaging in political activity while on duty or in the Federal workplace. Speaking about the ongoing conflict between Israel and Hamas is not political activity unless that speech also shows support for, or opposition to, domestic political parties, partisan political groups, or candidates for partisan political office.
DG: What about flags in the workplace — pride flag, blue lives matter flag, upside down flag?
AG: If if it is not connected to electoral advocacy, it does not violate the Hatch Act.
DG: Is it OK to have political bumper stickers? And, if so, do you need to hide them if entering the agency’s parking lot?
AG: While the Hatch Act prohibits Federal employees from engaging in political activity in a Federal workplace, the Hatch Act regulations specifically state that an employee may place a partisan political bumper sticker on his personal vehicle and park that vehicle in a Federal parking lot or garage.
Even if an employee has bumper stickers for two different candidates on their car, we do not believe it violates the Hatch Act. Employees must be cautioned, though, against displaying other partisan political materials, or even bumper stickers, in such a way that makes the vehicle appear to be a campaign mobile.
DG: Can you follow an agency political appointee on LinkedIn? And, must you no longer follow that person if they run for office?
AG: Yes, you can follow an agency political appointee on LinkedIn. Should the individual run for office, you can still follow that person. But Federal employees who follow a candidate must be careful not to engage in activity in support of the candidate while on duty or in the Federal workplace.
DG: What is your guidance on quotes by politicians in email signature lines?
AG: We advise that employees may not use work email signature lines to show support for political parties or candidates by displaying their quotes or campaign slogans.
Related training:
- When Discussions Violate the Law: Current Events and the Federal Workplace, October 24
- MSPB Law Week, December 9-13
