Tuesday, October 21, 2008

Some words from my day job...

In real life (or sort of real life), I'm a civilian attorney for the Air Force who advises people on ethics rules and fiscal law. Part of the ethics rules are the standards, found mainly in the Hatch Act, dealing with government employees and political activities. Last week, a reporter for the Macon Telegraph, the main local newspaper, interviewed me and this story ran last Saturday:

Robins workers walk fine line during elections
By Gene Rector -
grector@macon.com

ROBINS AIR FORCE BASE -- As you cruise down the main thoroughfares, back roads and housing areas of Robins Air Force Base, you will see nothing that reminds you of the hotly contested political races on the outside.

No Barack Obama or John McCain posters. No signs pushing Saxby Chambliss or Jim Martin [U.S. Senate candidates]. No reminders for Jim Marshall or Rick Goddard {U.S. House candidates]. No workers wearing politically oriented T-shirts or hats or campaign buttons. No one standing on a street corner waving a placard and encouraging you to vote for their candidate.

That's the way Robins and Defense Department officials want it. It's also what the law demands.


Military members fall under Defense Department directives. Civilian employees must comply with the Hatch Act. Both require federal workers-military and civilian-to walk a very narrow course as the elections unfold.


The rules are most restrictive for the military. "We want the military to be above politics," said Paul Davison, a lawyer in the base legal office at Robins. "However, for the most part, the civilian employee restrictions apply only when they're doing their jobs."

In general, military and civilian workers may do nothing that supports or opposes a political candidate while on duty, while wearing a government uniform or operating a government vehicle.

Supervisors are additionally restricted from using their position to influence an election. Neither may federal workers solicit or receive political contributions either on or off duty or run for office in partisan elections.

Desks, offices or work cubicles must be free of political references. E-mails supporting or opposing candidates may not be sent while on duty or at any time using government systems.

Although the rules are exacting, they also are protective, Davison said. "No administration-Democrat or Republican-can push us to contribute or work on campaigns," he said. "One of the reasons the Hatch Act was passed years ago was to prevent things like that. There is also the effect of letting the taxpayer know that political activity is not what we're spending our time doing."

Military and civilian workers may express their private opinions about candidates and issues, attach bumper stickers to their vehicles and post signs at their off-base homes. They may also contribute money to political candidates and attend fundraising events when not in uniform.

Civilians may attend political rallies and meetings. Military members also may attend, but only as an observer and in civilian clothing. All may join a political party or club but the military cannot serve in any official capacity.

Only civilian employees may campaign for or against candidates in partisan elections-but not on base, not on duty and without identifying themselves as government employees.

Both military and civilian workers may sign nominating petitions and campaign for or against referendum questions and constitutional amendments.

Civilian employees and military enlisted members may run in nonpartisan elections.

"They can run," Davison noted, "but they cannot campaign while they're on the job."

The prohibition against military officers is a historic one. "A military officer is considered to already hold an office of the United States," he said. "There is an old statute that says a person holding an office under the U.S. cannot hold a second government office."

There is one political activity the Defense Department encourages, the Robins attorney emphasized. "We certainly want everyone to vote," he said. "For a long time, military officers felt it was somewhat inappropriate to vote, but we try to discourage people from thinking that way. It's very important for people to vote."

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