Another Opinion, Editorial

Federal websites and the Hatch Act

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Americans visiting the U.S. Department of Agriculture (USDA) Food and Nutrition Service website to learn what might be happening with their Supplemental Nutrition Assistance Program (SNAP) benefits, which have been threatened to end on November 1, during the Federal Government shutdown, have seen some version of yesterday’s message copied below, with the main difference being the number of votes it indicates:

“Senate Democrats have now voted 13 times to not fund the food stamp program, also known as the Supplemental Nutrition Assistance Program (SNAP). Bottom line, the well has run dry. At this time, there will be no benefits issued November 01. We are approaching an inflection point for Senate Democrats. They can continue to hold out for healthcare for illegal aliens and gender mutilation procedures or reopen the government so mothers, babies, and the most vulnerable among us can receive critical nutrition assistance.”

While I write this, a message at the top of the White House website shows, “Democrats have shut down the government for: 34d, 0h, 24m, 11s.”

At the USDA Forest Service website, a message reads: “The Radical Left Democrats shut down the government. This government website will be updated periodically during the funding lapse for mission critical functions. President Trump has made it clear he wants to keep the government open and support those who feed, fuel, and clothe the American people.”

A similar message at the Health and Human Services website indicates, “Mission-critical activities of HHS will continue during the Democrat-led government shutdown. Please use this site as a resource as the Trump Administration works to reopen the government for the American people.”

Perhaps not surprisingly, the Supreme Court website indicates only, “Due to a lapse of appropriations, the Supreme Court Building will be closed to the public until further notice. The Building will remain open for official business,” making no mention of Democrats. 

And the website uscourts.gov follows that lead with “Funding Lapse: Judiciary operations are limited due to the government shutdown.”

Why doesn’t the U.S. court system mention Democrats as the cause of the federal shutdown when other federal departments do? One doesn’t have to look far.

The U.S. Office of Special Counsel has a section detailing provisions of ​​​​​​​​​​​​​​​​​The Hatch Act, a federal law passed in 1939, that limits certain political activities of federal employees, as well as some state, D.C., and local government employees who work in connection with federally funded programs. 

There we learn that “​The law’s purposes are to ensure that federal programs are administered in a nonpartisan fashion, to protect federal employees from political coercion in the workplace, and to ensure that federal employees are advanced based on merit and not based on political affiliation.”​​​​ ​​

Under the act certain less-restricted employees may “Express opinions about candidates and issues. If the expression is political activity, however – i.e., activity directed at the success or failure of a political party, candidate for partisan political office, or partisan political group – then the expression is not permitted while the employee is on duty, in any federal room or building, while wearing a uniform or official insignia, or using any federally owned or leased vehicle​.”

I’m not an attorney and don’t intend to litigate any issue here, I simply ask, how is it that the messages shared above get posted on official U.S. websites, presumably with someone in the chain of people that does so, being on the federal payroll?

And, how do federal courts seemingly operate with the Hatch Act in mind when other departments seem to operate differently?

Then finally, I suggest that anyone who has attempted to negotiate anything has likely learned that a successful negotiation requires talking with the other party and not continuing to vote on the same intractable question.

Paul Fixx, editor

Editor

Paul Fixx is editor of The Hardwick Gazette and lives in Hardwick.

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