In Hot Political Year, Hatch Act Complaints Surge

With John McCain and Barack Obama waging a fierce battle for America's top prize, it's easy to get caught up in the excitement of this year's presidential election.

But for public employees, getting too involved can have serious consequences -- like suspension or dismissal.

Federal workers, and many state and local government employees, are covered by the Hatch Act. It restricts, but does not prohibit, political activity by workers.

This year, complaints about violations of the act are skyrocketing.

"I can say yes . . . absolutely," there are more complaints, said Ana Galindo-Marrone, chief of the Hatch Act unit of the Office of Special Counsel.

The unofficial tab for fiscal 2008 indicates that her office received 445 Hatch Act complaints, she said. That compares with 282 the year before. "Going back through fiscal year 2003, the highest we've ever received is 299 cases. . . . This year is unprecedented."

One recently resolved case involved a NASA employee who used his work e-mail account to send partisan political messages. He also posted partisan comments during work time on his blog. He was suspended for 180 days without pay.

After a Hatch Act unit investigation, an employee in the Washtenaw County, Mich., prosecutor's office resigned in July so he could run for partisan office. And a Navy employee withdrew as a candidate in a partisan Borough Council election after the special counsel's office laid down the law.

The act gets mixed reviews from federal workers.

Peter Winkler, a National Labor Relations Board attorney, likes it. He says its restrictions are "a small price to pay for the neutrality of the government." And he's glad employees are protected "from harassment either by political appointees or overzealous supervisory personnel."

He appreciates the strenuous effort his agency makes to inform employees about the act's provisions. It distributes memos outlining what is permitted and what is not and senior executives must watch a film on the act as part of their training.

But Harry Spafford, a computer specialist at the Navy's Trident Refit Facility in Kings Bay, Ga., has a starkly different view. "My right under the Constitution is to express my views and concerns," he said. "But as a federal employee, I don't have the right to do that because of the Hatch Act."