Office of Special Counsel resumes Hatch Act enforcement against former feds for violations during their service

The Office of Special Counsel is again enforcing the Hatch Act against federal employees who committed violations of the ethics law while working for an agency but have since left federal service, according to a Dec. 22 advisory opinion. 

OSC, which administers rules that limit the political activities of federal employees, in April paused filing new Hatch Act complaints against such individuals. The cessation was due to a case before the Merit Systems Protection Board, which hears civil servant disciplinary appeals, that called into question whether such law applied to former feds. 

But an MSPB administrative law judge has since ruled that the quasi-judicial agency does have jurisdiction over Hatch Act complaints against former government workers. 

“Subject to its discretion and the circumstances of each case, OSC will no longer refrain from filing complaints at the MSPB alleging Hatch Act violations where the subject employee has left federal service,” according to the advisory opinion. 

In a Dec. 23 press release, OSC reported that in fiscal 2025 it received 694 new Hatch Act complaints and resolved 711 previous complaints. In comparison, the agency in fiscal 2024 received 458 such complaints and resolved 391 of them. (There’s usually an uptick in Hatch Act activity during election years, and the 2024 presidential race occurred during fiscal 2025.) 

Officials noted in the release that this fiscal year they charged a Pentagon Force Protection Agency employee with violating the Hatch Act over running for a sheriff position despite warnings. Federal employees are generally prohibited from being candidates in partisan elections. 

OSC is currently awaiting a decision on that case. Penalties for violating the Hatch Act can include removal from federal service, grade reduction, ban from federal employment for up to five years, suspension, reprimand or a civil penalty of up to $1,000. 

In fiscal 2025, OSC also experienced an increase in prohibited personnel practice complaints, receiving more than 6,570. The agency fielded 4,017 such complaints in fiscal 2024. 

Many feds impacted by the Trump administration’s mass removals of civil servants submitted complaints to OSC. 

The president fired former Special Counsel Hampton Dellinger, a Biden appointee, before the end of his term following a legal battle. In October, Trump withdrew his nomination of Paul Ingrassia to lead the Office of Special Counsel following pushback from lawmakers of both parties and good government groups who objected to his past inflammatory statements.

Trump later selected Jamieson Greer, the U.S. trade representative, to serve as acting head of OSC, with Greer subsequently assigning Charles Baldis, a former Senate staffer, to carry out his duties.