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Judicial Watch • May 30, 2013, Response from OSC re JW Hatch Act Complaints

May 30, 2013, Response from OSC re JW Hatch Act Complaints

May 30, 2013, Response from OSC re JW Hatch Act Complaints

Page 1: May 30, 2013, Response from OSC re JW Hatch Act Complaints


Number of Pages:2

Date Created:May 30, 2013

Date Uploaded to the Library:May 22, 2014

Tags:OSC, Complaints, hatch, Act, 2013, response

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U.S. OFFICE SPECIAL COUNSEL 730 Street, W., Suite 300 Washington, D.C. 200364505 

The Special Counsel 
May 30, 2013 
Mr. Thomas Fitton 
Judicial Watch 
However, because both employees have since left federal government service, even OSC fi:rnnd evidence substantiate the allegations, OSC would unable seek any disciplinary action against them. 
Shortly after took office June 2011, re-instituted agency policy that OSC does not investigate Hatch Act allegations after employee has left federal service. did because OSC lacks any authority seek disciplinary action such cases, because OSC' limited resources should devoted cases where enforcement action possible, and because concerns raised members Congress and others about the fairness investigating employees after they left government service.1 Consistent with this policy, the complaints against Mr. Emanuel and Mr. Messina have been closed without further action. you may aware, since taking office have made several recommendations Congress regarding Hatch Act reform. Congress has acted two recommendations modifying the prohibition state and local employees from running for political office and also the range penalties for violations the Act. 

'.fhe Special C.ounsel 
Mr. Thomas Fitton May 30, 2013 Page of2 
There are additional areas that need attention, including clarifying the scope the exemption for high level and White House employees U.S.C. 7324(b) ensure that OSC's current interpretation consistent with congressional intent; codifying definition of"political activity;" and updating the list agencies whose employees are subject additional restrictions, including considering whether certain Internal Revenue Service employees should "further restricted" under the Act. The issue Judicial Watch raised its complaint against Mr. Emanuel and Mr. Messina first impression. OSC not aware any case where the Hatch Act has been invoked discipline employee for using position authority influence offer position the executive branch exchange for dropping out election, was alleged your complaint. would add this important question the list issues that should addressed Congress. welcome your input about ways which the Hatch Act could further improved. 
Finally, regarding your concern about unreturned phone call from your assistant, Janice Rurup, the Hatch Act Unit August 11, 2010, please accept apologies behalf the agency. While did not take office until nearly year later, understand that may have caused frustration the time. Please know that responsiveness the public high priority, and while hope that this type mistake will not repeated the future, please feel free contact Deputy Special Counsel, Mark Cohen, directly should you have difficulty reaching OSC staff the future. 
Carolyn Lerner Special Counsel