Search:

Custom Search

Turmoil in Alaska

Wednesday, July 26, 2006

You can have daily headlines from FedSmith.com delivered right to your desktop each business morning. The service is free and you don't get junk e-mail as the price of your subscription. Just visit our newsletter page to sign up!

Many federal employees think of the Hatch Act as a law that keeps them from participating in political activity, including running for a political office.

In fact, that is one of the major results of the law but it is not the only prohibition of the Hatch Act.

In a case from the Department of Agriculture, the Office of Special Counsel (OSC) says it has resolved a case that involves a violation of several laws and regulations including whistleblower protection, prohibited personnel practices and the Hatch Act.

In this case, a former secretary of the Alaska State Director for Rural Development, part of the Department of Agriculture (USDA), filed a complaint alleging that State Director Bill Allen, a political appointee of the President, involved her in work related to a nonpartisan political office.

According to the OSC, the secretary told her boss that they could both get in trouble for doing the political work and that he should do it at home. She reported the problem to the agency.

The prohibited personnel practice complaint contended that the supervisor retaliated against her for refusing to work on illegal activities and because he suspected she was a whistleblower and had filed hotline complaints concerning his office with the agency’s Office of Inspector General.

As a result of its investigation, the Office of Special Counsel concluded that the supervisor had assigned his secretary to a lower-graded position and had the position removed from his state office. He had also ordered a misconduct investigation against her because of her protected activities.

Allen resigned from federal service. The agency has also agreed, without admitting fault, to reimburse attorney fees and medical expenses for the secretary. She will also be assigned to a new position within the Alaska State Office and allowed to resume her federal career.

While the OSC also concluded that a Hatch Act violation was involved, there is no action to be taken as the supervisor is no longer a federal employee.

© 2009 FedSmith Inc. All rights reserved. This article may not be reproduced without express written consent of FedSmith Inc.

Add a Comment about this Article

** All fields are required.
Note: Your comments will not show up right away. FedSmith.com selects the most insightful comments from our readers for posting. If selected, your comments will show up in the comments section after they have been reviewed and approved. See our terms of use for more information.

Readers' Comments

  • Bill Allen was also found guilty of violating Hatch Act from another complaint. A complaint was made in August 2002 and OSC just concluded their investigation. OSC's investigative results stated that "evidence was found to conclude that Mr. Allen violated the Hatch Act when he requested assistanc...
    Posted: July 31, 2006 4:37 AM
  • Thanks for the link, it certainly helped flesh out the story. Ms. Hayes should certainly be commended for not only taking on her boss, but her politically-appointed boss. Years ago I worked for a USDA bureau, for a politically-appointed supervisor. It was extremely difficult. I wish Ms. Hayes al...
    Posted: July 27, 2006 7:06 AM
  • The link to the full story as provided by the Anchorage Daily News. http://www.adn.com/news/politics/elections/story/8007022p-7900118c.html...
    Posted: July 26, 2006 1:35 PM

View All Comments »