Legal Assistance Through “Hatch Act” Investigations and Enforcement Proceedings

The Jeffrey Law Group, PLLC, provides counseling and representation to Federal and Postal Service employees through all stages of “Hatch Act” investigations and enforcement proceedings. Specifically, our attorneys provide:

  • Initial Consultation and assistance in preparing for a U.S. Office of Special Counsel (OSC) investigation;
  • Consultation and assistance in responding to investigative interrogatories;
  • Advice and preparation for an employee’s administrative interview(s);
  • Representation at OSC interviews;
  • Filing an answer with the U.S. Merit Systems Protection Board (MSPB) in response to an OSC complaint proposing disciplinary action for an alleged violation of the Hatch Act;
  • Representation of charged employees / respondents at hearings before the MSPB over alleged violations of the Hatch Act; and
  • Requesting reconsideration of initial decisions to the full MSPB.

Contact The Jeffrey Law Group, PLLC, The Federal Employee’s Law Firm®, today at 202.312.7100 for an initial consultation regarding your situation.

 

The “Hatch Act”

The “Hatch Act” restricts executive branch employees of the federal government in their ability to actively take part in partisan political management and partisan political campaigns as compared to “private citizens.” See 5 U.S.C. §§ 7321-7326. Further, some federal employees are subject to even greater restrictions which prohibit them from engaging in any partisan political activity. The default penalty for a federal employee who violates the Hatch Act is removal.

 

The U.S. Office of Special Counsel’s Role

OSC is authorized to investigate violations of the Hatch Act. 5 U.S.C. § 1216 (a)(2). After investigating an alleged Hatch Act violation, OSC may seek disciplinary action against an employee before the Merit Systems Protection Board (MSPB). When violations are not sufficiently egregious to warrant prosecution, OSC may issue a warning letter to the employee involved. OSC charges an employee with a violation of the Hatch Act; those charges are adjudicated before the MSPB. 5 U.S.C. §§ 1504 – 1508; 7321 – 7326.

Contact The Jeffrey Law Group, PLLC, The Federal Employee’s Law Firm®, today at 202.312.7100 for an initial consultation regarding your situation.