What's Happening?
The Office of Special Counsel (OSC) has resumed enforcement of the Hatch Act against former federal employees who violated the ethics law during their tenure. This decision follows a ruling by a Merit
Systems Protection Board (MSPB) administrative law judge affirming the agency's jurisdiction over such cases. Previously, the OSC had paused filing new complaints against former employees due to legal uncertainties. The Hatch Act restricts political activities of federal employees, and violations can lead to penalties such as removal from service or fines. In fiscal year 2025, the OSC received 694 new Hatch Act complaints and resolved 711, marking an increase from the previous year. The agency is also handling a case involving a Pentagon Force Protection Agency employee accused of violating the Act by running for a partisan office.
Why It's Important?
The resumption of Hatch Act enforcement against former federal employees underscores the OSC's commitment to maintaining ethical standards within the federal workforce. This move could deter current and former employees from engaging in prohibited political activities, thereby preserving the integrity of federal operations. The increase in complaints and resolutions indicates heightened scrutiny and enforcement, particularly significant in the context of the 2024 presidential election. The decision also reflects broader efforts to address ethical violations that may have been overlooked or inadequately addressed in the past, potentially impacting the careers and reputations of those involved.
What's Next?
The OSC is awaiting a decision on the case involving the Pentagon employee, which could set a precedent for future enforcement actions. The agency's increased activity suggests that more former federal employees could face scrutiny for past violations. This could lead to further legal challenges and appeals, particularly if penalties such as removal from federal service or fines are imposed. The OSC's actions may also prompt federal agencies to reinforce compliance training and monitoring to prevent future violations.
