GovernmentExecutive.com

Two federal employees could be disciplined for sending e-mail messages attempting to sway co-workers' votes in the upcoming presidential election.

The Office of Special Counsel, an independent agency charged with investigating potential violations of the Hatch Act, a law limiting political activity in the federal workplace, last month filed two complaints at the Merit Systems Protection Board. Maureen Taylor-Glaze, an Environmental Protection Agency employee, and Donald Thompson, a civilian employee with the Air Force, sent politically charged e-mails during work hours, according to the complaints.

Taylor-Glaze reportedly sent a note urging 15 co-workers to vote against John Kerry. The message allegedly depicted the Democratic presidential nominee next to actress Jane Fonda at an anti-war rally and included "numerous" negative statements about Kerry, including the comment: "Please keep this going. We do not need this man as our president."

OSC claimed that Thompson distributed an e-mail to 70 people urging them to vote against George W. Bush. The note included a fake Bush resume and various "allegations of incompetence and malfeasance specifically directed at President Bush's defeat in the upcoming election." In addition, Thompson reportedly urged co-workers to "Please consider me when voting in 2004" and to "Please send this to every voter you know."

The Hatch Act prohibits executive branch employees and some state and local workers from campaigning on the job. At a minimum, a violation can result in a 30-day suspension. Agencies can also fire employees for breaking the law.

"The use of the Internet and electronic mail is second-nature to almost everyone, and has become a favorite and effective campaign tool, even more so perhaps, than four years ago," said Special Counsel Scott Bloch in a statement to government workers. "I want to remind federal employees to be vigilant about following the Hatch Act, because we will consider this activity a form of electronic leafleting, and thus a violation."

Political Limbo

The National Treasury Employees Union asked the bureau of Customs and Border Protection on Tuesday to clarify its policy regarding the rights of employees to participate in political activity.

In a letter to CBP Commissioner Robert Bonner, NTEU President Colleen Kelley said bureau employees in the Los Angeles area were told they needed to file a form and obtain approval to participate in political activity. According to Kelley, local management in Los Angeles told employees that political activity is similar to outside employment and cannot be undertaken without prior approval.

Kelley said a CBP supervisor at the Los Angeles/Long Beach Seaport recently told employees they had to file a formal request to engage in any sort of volunteer activity, including working on political campaigns. Two other CBP employees at Los Angeles International Airport were told they also needed prior approval. Consequently, the employees have not been participating in political activity outside work because they are still waiting for approval.

The union argues that requiring CBP employees to seek approval from agency managers before volunteering during off-duty time to work on a political campaign infringes on their rights.

"It is intolerable infringement of employees' constitutional rights to require them to obtain prior approval before engaging in lawful, off-site political activity," Kelley wrote. "Forcing employees to apply for approval - and disclose details about their intended activity to a curious supervisor or a reviewing authority - creates an impermissible chilling effect."

Kelley said supervisory and union employees in the Los Angeles area should be informed that they are free to engage in political activities under the Hatch Act, which allows federal employees to exercise a wide range of political rights off duty and away from government property.

A CBP spokeswoman said she was unaware of the letter on Thursday.