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Hatch Act & National Guard/military reserve

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Stephen1

Member
What is the name of your state?Washington (although I believe my question is not state specific)
A couple years ago I was took a contractor position working at an Air National Guard unit. Posted on a wall in a work space was a political campaign bumper sticker supporting one candidate. I have wondered whether this might have been a violation of the Hatch Act. And if not, might there have been an Air Force instruction addressing this. It appeared to have been posted by one of the 'traditional guardsmen'.

At the facility there are primarily three categories of employees. First are a couple people who are active duty military. Second are a number of people who are referred to as National Guard Technicians. Technicians are federal civil service during the work week and are part of the reserve unit as military one weekend a month at the same desk as their week day job. Then thirdly there are the other reserve unit personnel, often referred to as 'traditional guardsmen' as their relationship to the military is what most of us think of when discussing members of the military reserve. These are not normally present during work week but will be in the office during their military training one weekend a month.

I am fairly sure that if a Technician had posted it that it would run afoul of the Hatch Act. But does the Hatch Act apply to persons in a military status (the traditional guardsman or the technician when not in their civil service capacity)? Even if the person posting it was not subject to the Hatch Act, would the weekday civil service supervisor be required to have it removed?
 


quincy

Senior Member
What is the name of your state?Washington (although I believe my question is not state specific)
A couple years ago I was took a contractor position working at an Air National Guard unit. Posted on a wall in a work space was a political campaign bumper sticker supporting one candidate. I have wondered whether this might have been a violation of the Hatch Act. And if not, might there have been an Air Force instruction addressing this. It appeared to have been posted by one of the 'traditional guardsmen'.

At the facility there are primarily three categories of employees. First are a couple people who are active duty military. Second are a number of people who are referred to as National Guard Technicians. Technicians are federal civil service during the work week and are part of the reserve unit as military one weekend a month at the same desk as their week day job. Then thirdly there are the other reserve unit personnel, often referred to as 'traditional guardsmen' as their relationship to the military is what most of us think of when discussing members of the military reserve. These are not normally present during work week but will be in the office during their military training one weekend a month.

I am fairly sure that if a Technician had posted it that it would run afoul of the Hatch Act. But does the Hatch Act apply to persons in a military status (the traditional guardsman or the technician when not in their civil service capacity)? Even if the person posting it was not subject to the Hatch Act, would the weekday civil service supervisor be required to have it removed?
It should have been removed.

A political bumper sticker can be placed on a personal vehicle but federal employees, and state, DC and local government employees who work with federally funded programs, must avoid any partisan political activity when in uniform and at work.
 

FlyingRon

Senior Member
The Hatch act doesn't apply to the military. They are, however, covered by similar provisions in their own regulations: DoDD 1344.10.
 

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