WHEREAS:
The Hatch Act was originally created in 1939 to ensure political neutrality by prohibiting federal employees from soliciting, accepting or receiving a political contribution in  a government building; running for partisan political office; or engaging in political activity while on duty, in a government building, in uniform or in a government vehicle; and

WHEREAS:
Amendments to the Act in 1993 failed to anticipate technological advances in communication such as e-mail, blogs, instant messenger and text messaging; and

WHEREAS:
Investigations by the Office of Special Counsel (OSC) have resulted in inconsistent findings of violations, disproportionate penalties for minor infractions and retaliation against union officials; and

WHEREAS:
A federal employee who forwards a single e-mail with an inadvertent political message could receive the same presumptive penalty of termination, with 30-days suspension, as one who campaigned extensively for a political candidate during working hours; and

WHEREAS:
The Hatch Act has no statute of limitations or deadline by which OSC must file charges; and

WHEREAS:
AFSCME respects the first amendment rights of its federal employee members and does not condone knowing and willful violations of the Hatch Act.

THEREFORE BE IT RESOLVED:
That AFSCME recommends the Hatch Act be amended to include a two year statute of limitations; remove the presumption for termination is the appropriate penalty in every case; and require consideration of mitigating and aggravating factors prior to determination of a penalty.
 
 
SUBMITTED BY: Saul Schniderman, President and Delegate
AFSCME Local 2910, Council 26
Washington, D.C.