OFFICE OF PERSONNEL MANAGEMENT TESTIMONY FOR JULY 25, 1989, PROPOSING A NEW POSITION ON REVISION OF THE "HATCH ACT" PROHIBITIONS ON PARTISAN POLITICAL ACTIVITY FEDERAL EMPLOYEES.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP92M00732R001000080022-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 12
• Document Creation Date: December 23, 2016
• Document Release Date: April 28, 2014
• Sequence Number: 22
• Publication Date: July 21, 1989
• Content Type: MEMO

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OFFICE OF CONGRESSIONAL AFFAIRS
Routing Slip
ACTION
NFO
1. D/OCA
X
2. DD/Legislation
XXX
3. DD/Senate Affairs
X
4. Ch/Senate Affairs
5. DD/House Affairs
X
6. Ch/House Affairs
7. Admin Officer
8. FOIA Officer
0 Constituent Inquiries
? Officer
10' DD/OCA
X
11.
12.
SUSPENSE
21XIL89 AT 4PM
Date
Action Officer:
Remarks:
OCA REG. REC0D IT ON 24JUL89
7 ?/1G 24JUL89
Name/Date
STAT
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STAT
? .^
EXECUTIVE OFFICE or THE PRESIDENT
OFFICE OF MANAGEMENT AND BUULih I
wA5CTON, D.C, 20503
July 21, 1989
LEGISLATTVE REFERRAL MEMORANDUM
SPECIAL
/c
TQ;
I
TO; Legislative Liaison Officer -
Department of Agriculture - Wanda Worsham - 382-1516
? Department of Commerce - Michael Levitt - 377-3151
Department of Defense - Sam Brick - 697-1305
Department of Education - John Kristy -732-2670
Department of Energy - Bob Rabben - 586-6718
Department of Health and Human Services - Fran White -
245-7760
? Department of Housing and Urban Development -
Edward Murphy - 755-7093
Department of Interior - Ralph Hill - 343-6706
Department of Justice - Carol Crawford - 633-2141
Department of Labor - Seth Zinman - 523-8201
Department of State - Bronwyn Bachrach - 647-4463
? Department of Transportation - Tom Herlihy - 366-9293
Department of the Treasury - Richard Cerro - 566-8523
Department of Veterans Affairs - Donald Ivers - 233-3832
Central Intelligence Agency -
Environmental Protection Agency - Henry Schilling -
382-5414
National Aeronautics Space Administration -
Lynn Heninger 453-1948
Office of Special Counsel - Bill Cinnamond - 653-9001
United States Postal Service - Fred Eggleston - 268-2958
SUBJECT; Office of Personnel Management testimony for July 25,
1989, proposing a new position on revision of the "Hatch
Act" prohibitions on partisan political activity by
Federal employees.
The Office of Management and Budget requests the views of your
agency on the above subject before advising on its relationship
to the program of the President, in accordance with OMB
Circular A-19.
A response to this request for your views is needed no later than
4Pri Friday, July all. 1989,
Questions should be referred to Hilda Schreiber (395-7362), the
legislative analyst in this office.
Enclosure
Naomi R. Sweeney for
Assistant Director for
Legislative Reference
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STATINENT or
nosoura CossTAscE SERRY SZSMAR, DEREcToR
orrux or PrRaOlOTELIOMAGEICEPT
before ?.the
suBCOISHITTZE ON rzormard yrivicrx,
POST orme &RD CIVX4 SERVICE
Coma= ON OOVERNMENTAL Ameras
UNITED STATES SENATE
on
S. 135
TOE HATCH ACT Maim AMMVMENTS Or 1989
017LY 25, 1989
MISTER CHAXRMXN AND EMBERS CT THE SUECOM:14wwza.;
? I AM PLEASED TO APPEAR szroRz YOU ToDAY To PRESENT TEE VIEWS OF
TEE ADMINISTRATION ON S. 135, TEE "EATCE ACT REFORM AMENZVEVTS or
1989."
TIMEE FUNDAMENTAL PRINCIPLES MUST GOVERN TEE CONDUCT OP TEE
NATION'S BUSINESS BY TEE CIVIL SERVICE. TEE FIRST PRINCIPLE IS
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THAT THE ADKINISTRATION OFAILIAws =ST DE EN TUE PUBLIC IMTEREST
AND MUST BE NONPARTISAN, THE MOND FRINcIFLE IS THAT SELEcTION
AND ADVANCEMENT Or PERsoNVEL EDST BE BASED ON MERIT. TEE TE/RD
PRINCIPLE IS TEAT FEDERAL IMPLOYEES NUST DE PROTECTED AGArNsT ANY
FORM Or COERCION FOR POLITICAL PURPOSES Arrz ACTIONS THAT THREATEN
CONFORKANCE WITH THOSE MING-miss cANNOT BE ToLERATED,
THERE Is also THE NECESSITY TOR GoVERNMENT To CosSIDER CHANCING
ITS WAY OF DOING BUSINESS WHEN 17 IS CLEAR TEAT TOME Fas BEEN A
CHANGE IN TEE ENvtRoNmENT. TEE QUESTIoN BEFORE DS NOW IS WHETHER
THERE HAS BEEN SUFFICIENT CHANGE IN THE ENVIRONMENT TO RENTIEw AND
REFoRN THE HATCH ACT.
WE BELrEVE TEAT THERE SAS BEEN SUFFICIENT CHANGE TO .REQUIRE
TEOROUGE REVM OF THE pRovIsIONs or HE HATCH ACT. NOWEvER, MANY
OF THE CONCERNS THAT LED TO TEE PASSAGE or TEE BAT= ACT ARE STILL
VALID; THEREFORE, SWEEPING CEANGE IS OUT OF THE QUESTION. --taAT?timr
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WHAT MAY NOT
DE OPT OF TEE QUESTION IS MORE LIMITED REFORM . ttEPORE SUGGESTING
Mila THE ADMINISTRATION BELIEVES ARE LEGITIMATE CMANGEs , I WOULD
LLICS TO MRE OUR RATIONALE FOR soGGEsnard TiaT TIUS IS A TiXE roR
MUTED REFORM LND ONLY rzittrrzo REFORM.
TEE EAT= ACX GREW OUT OF MEE ABUSE OF FEDERAL EMPLOYEES DURING
BOTH TEX 1936 AND 1938 ELECTIONS . GOVERNMENT EMPLOYEES WERE FORCED
TO CHANGE TEEIR PARTY REG' STRAT;ONS . INSTEAD OP WORKING IN TEE
PUBLIC INTERLST FEDERAL 724PLOYEES ON TEE GOVERNMENT payRou,
DEW= OFFICIAL TECCE TO PERNICIOUS POLITICAL ACTIVITIES.
PATRONAGE 1VA5 T111; ORDER OF ME DAY, NOT ONIAY IN TEAMS or
EMPLOYMENT I ISUT IN TERMS OF AT.1kCLTION Or FEDERAL DOLLARS.
ALTEODGFI TEE PENDLETON Aar CREATING THE MERIT SYSTEM WAS ON MEE
BOORS AND PRESIDENT ROOSEVELT MAD BANNED EMPLOYEES PROM ENGAGtNG
IN POLITICAL CAMPAIGNS, TELERE WERE 331b 1.1 ICIENT PacYZECIIoNs AGAINST -
THE POLITICIZATION OF TES FEDERAL PUBLIC SERVICE; HENCE THE wrEr,
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FOR LEGISLATION TO VIRITOMALT PROJELDIT ALL EMPLOYEES or Tilt
racrcuTrvE pm= FROM ENGAGING IN TEE acrivE P01,NAGMENT OP
POLITICAL CAKPAIGNS.
BAITING R&D 50 YEARS UNDM TEE ECATCH Aar, WE AS A NATION ARE IN A
SOKEWEAT DIFFERENT SITUATION. IN ADDITIoN TO THE NAT= ACT, WE
HAVZ A NUMBER OF 1204S WHICH PROVIDE PROTECTIONS AGAINST CERTAIN
Khaca TUE& OF PERNICIOUS POLITICAL ACTIVITY. BESIDES A sER1-Es OF
CRIMINAL STATUTES, ?MERE AltE CHF= ON VIE POLITICAL PROCESS
TTSELF POR paucpur TEROUGH TES FEDERAL ELECTION CAMPAIGN ACT,
WinCE larkirrs CONTRIBUTIONS FOR FEDER4L CANDIDATES. Bo TEERE IS A
CERTAIN LEVEL OF PROTECTION THAT DID NOT EXIST 50 WARS AGO.
HOWEVER, TEE ADMINLSTRATION S WILLINGNESS TO WORK WITH T= CONGRESS
? IN CRAFTING AN ACCEPTABLE COMPROMISE SHOULD NOT BE MISURDERSToOD.
OUR PARAMOUNT CONCERNS REMIN TEE PROTECTION OF =DEAL EMPLOYEES
nolds POLITICAL COERCION AND THE MAINTENANCE or PUBLIC CONFIDENCE
IN TEE INTEGRITT OF THE CAREER CIVIL SERVICE.
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THE ADMINISTRATION CWITINUSS To lmmazvE TEAT TM PROPOSALS Now
? UNDER CONSIDERATION WOULD NOT icumm THOSE PRIMARY GOALS.
ALLOWING FEDERAL EmPLoYEES TO BOLD oFFIct IN A POLITICAL PARTY OR
TO RUN FOR AND BOLD PUBLIC OFFICE WOULD coNsTiTuTE TOE ABANDMENT
OF Tin HISTORICAL POSITION OF Tux EXECuTrvE Blum= TnAT THE CITTL
? SERVICE MUST BE POLITICALLY NEUTRAL. TUOSE TYPES or POLITICAL
INVOLvEMENT WOULD ImAD INEVITABLY To PUBLIC IDENTIFICATION or
FEDERAL EMPLOYEES WITE PARTISAN CAUSES AND ISSUES AND THEREBY
UNDERMINE PUBLIC CONFIDENCE IN THE =DEPENDENCE AND INTEGRITY or
THE FEDERAL =Vila SERVIcE.
itooe
THE 0THER ACTIVITY WHICH PREsENTs SIGNIFIcANT PROBLEMs IS TEE
SOLICITATION OP CONTRIBUTIONS FOR PARTISAN puNPoSES. TEE POTENTIAL
FOR COERCION IS IMMENSE, WITH TEX LrEELlnooD or FoSTERING
coMPETITION POR ADVANCEMENT BASED ON FINaNcLAL SVPPoRT OF A
PARTICULAR PARTY OR CANDIDATE. TEE PRESSUREs womb BE Ownous, BUT
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PoLITICAL PROCrss IN ALL THE ways PERMISSIBLE UNDER TEE CURRENT
HATO:I ACT.
THE REASON FOR coNTINUING TES STATDS QUO ?OR TBE Sgs IS TEAT WE
BELIEVE THEY AS SENIOR POLICY MIAS AND NANAGMS, ARE TEE PrRsoNS
MOST VULNERABLE TO poLITICAL COMCION. AND THEY ARE THE
INDrvIDUALs WHO ARGOABLy WouLD BE iN A POSITION To APPLY POLITICAL
PRESSURES ON THEIR SUBORDINATES. ALTHOUGH THERE Is No REASON TO
TEM OUR PEOPLE IN THE SEs CORPS WOULD So ABUSE TEEM POSITIONS,
TRE IS A RISK TEAT SUBORDINATES EIGHT PERcErvE THAT THEIR CAREER
FORTUNEs COULD BE EMPRovED TERM= ACTIVE sUPPORT OF A CANDIDATE
OR PARTY TgottcHT TO BE FAVORED BY A SUPERIOR. ALSO, wr WOULD NOT
wANT SES PEOPLE TO BE SUSCEPTIBLE TO CEANGES TEAT THEIR PROCRAm
mcisIoNs ARE DRIVER' BY THEIR ',ARTICULAR POLITICAL PREFERRNcES.
FINALLY, IT IS IN TEE INTEREST OF MIS AEMINUTRATION, As WELL AS
MIME ADMINISTRATIONS, TO HAVE TEE BENEFIT OF CANDID AND OBJEcrivE
ApvICE FROM SENIoR MANAGERS, AND NOT To ENCOURAGE AN ATmosPEERE IN
;Doc's
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OMNIONINIM.
Una TEM SES MEMBERS FEEL TELEy Xi= BEND WITH THE FREVAxL.TNG
PozArric.AL wan* or THE wont/fr.
IT IS QR VIEW MAT EXPANDING UPON THE PARTISAN FOLiTxcAL
ACTrVITIES AT TBE STATE AND LOCAL LEVEL, DT NOT AT THE NATIONAL
LEVEL IS RI APPROACH TEATIMaNiEEs TEE FOssIBI-LITY PORcoNFLIcTs
BETWEEN A FEDERAL EMPLOYEE 'S POLITICAL AcTiviTIEs AND THE
EMPLOYEE'S FEDERAL EMKAMCENT REspossiBILITIEs. TEE impoRTANcE or
LIBERALIZING TEE HAT= ACT TO PERMIT EmpLoyEss To ENGAGE IN TATE
AND LOCAL PARTISAN POLITICS SHOULD NO BE ATODEREsTsmATED: mcAusE
IT IS PRECISELY TEl POLITICS AT TEESE LEVELS UNICE DEAL WITH IssVES
THAT ARE CLOSEST TO HOME FOR MOST PEOPLE, THIS IS wILERE CITIZENS,
I BELIEvz, GENERALLY FrEL TEETA CIVIC RESPONSIBILITIES MOST KEENLY
AND WHERE THEY THINK TEETR cry= rNvoLVEMENT CAN mAxE A REAL
DIFFERENCE.
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11TB TUE CHANGES TO TEE MATCH ACT THAT WE ENVISION, THERE WILL HE
A, SUBSTANTIALINCREASZ EN THE FUNDS or ACTIVITIES TEAT TEE IWORITY
Or EMPLOYEES CAN PURSUE AT THE STATE AND VocAL LETELs. SoM2
EXAMPLES OF ADDITIONAL PERMISSIBLE POLITICAL ACTrVITIES ARE AS
FOLLOWS:
- PIMA= INDQRSING, AND. soLmciTrim VOTES FOR, A
CANDIDATE;
- ORGANIZING AND PARTICIPATIVG IN POLITICAL/M=1MS;
PREPARING AND DISTRIBUTING CAMPAIGN LITERATURE;
- WRITING SPEEcHES, PRESSRELESEs? POSITION PAPERB:
? CANVASSING VOTERS.
AS 1 PAVE NOTED, wr WOuLD coNTINITE TO EXCLUDE FEDERAL EMPLoYEES
FROM *BEING CANDIDATES FOR PUBLIC orrIcz, nom
MOLDING AN OrFicE 124 A PoLITIcAL PARTY, AND TRoM SoLICrTING
POLITICAL CONTRIBUTIONS. ADDITIONALLY, VoLarrzs WOULD NO BE
ALLOWED TO ENGAGE MN PARTISAN AcTINIVIEs WHILE LT A FEDERAL WORX
SITE OR NE= ON DUTY, SINCE THIS mum UNDERNINE THE EFFICIENCY
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OITICE D1
StrPillARY , I SUGGEST THAT THE CHANGES TIM ADMINISTRATION PROPOSES
ARE A DRAMATIC DEPARTURE FROM THE TRA.DITIONAL MATCH ACT RESTRIC-
TIONS THESE =ANTES WOULD GREATLY ErPAND UPON THE OPPORTUNITIES
TOR FEDERAL ENEPLOYEES To PARTICIPATE EN TEE POLITICAL LIFE OF THEIR
COMMUNITTES AND 'IEEIR HOME SES. YET, THE CHANGES MINIMIZE THE
POTENTIAL IPOR THE GENERAL PUBLIC TO CONFUSE A FEDERAL EMPLOYEE ' S
PolArricAL ACTIVITIES WITH THE DUTIES OF TEL EMPLOYEE S FEDERAL OH.0'
ALTHOUGH THESE csANUBS WOULD ENLARGE THE POLTTICAL ARENA. FOR
FEDERAL EMPLOYEES, TEEY PROVIDE PROTECTION FROM COERCION,
PARTICULARLY FOR THOSE SENIOR POLICY-HARING INDIVIDUALS WHO HIGHT
BE HOST VULNERABLE. I MOW THAT WHAT WE PROPOSE IS SOMEWHAT LESS
THAN WHAT S. 135 WOULD PROVIDBf BUT IT IS AN APPROACH WHICH TnE
PRESIDENT CAN SUPPORT.
THE `'Ap77NI5TRATION BLVES THAT IMES PR
SAL STRIPS TEE
APPROPIUATh BALANCE BETWEIN ONABLE PARTICIPAT N IN PARTISAN
ACTIVITTP-S AND P TECTION FROM Po ICAL COERCION.
I( FORWARD
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TEE ADMINISTRATION BELIEVES TEAT THIS PROPOSAL STRIKES THE
APPROPRIATE BALANCE BETWEEN REASONABLE PARTICIPATION IN PARTISAN
AoTivrrzEs AND PROTECTION FROM POLITICAL COERCION. WE WOE rORWARD
TO WoRXING WITH YOD To DEVELOP spECIFIC LANGuAGE TO AcEIEVE THIS
prw EQUILIBRIUM.
woo= BE PLEASED TO ANSwER ANy QUEswIONS TEE suBcOMMITTEE
*MY NAVE.
11 fin
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