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Posted

The Office of Special Counsel (OSC) sent findings to the President today from its investigation of complaints of prohibited political activity by Secretary of Health and Human Services Kathleen Sebelius. OSC concluded that Secretary Sebelius violated the Hatch Act when she made extemporaneous partisan remarks in a speech delivered in her official capacity on February 25, 2012. The Hatch Act prohibits federal employees from using their official authority or influence to affect the outcome of an election. A federal employee is permitted to make partisan remarks when speaking in their personal capacity, but not when using their official title or when speaking about agency business.

The HATCH act does not give a lot of leeway in punishment discretion. We get emails almost every month about people who are fired for HATCH act violations.

OSC decision

Violation penalties

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Timeline
Posted

http://www.reuters.com/article/2012/09/13/us-usa-healthcare-sebelius-idUSBRE88C0VA20120913

A White House official would not say whether the president would take action, but added that Sebelius had acted quickly to rectify the situation and had not been accused of such violations before.

According to investigators, the Department of Health and Human Services promptly reclassified the event as a political activity and reimbursed the U.S. Treasury for the expense.

A department official said the Democratic National Committee had paid a $2,500 reimbursement for the cost of the trip.

"This error was immediately acknowledged by the secretary, promptly corrected, and no taxpayer dollars were misused," White House spokesman Eric Schultz said in a statement.

To me it looks like they covered it up, openly after the fact...

 

Posted (edited)

http://www.reuters.com/article/2012/09/13/us-usa-healthcare-sebelius-idUSBRE88C0VA20120913

To me it looks like they covered it up, openly after the fact...

OSC acknowledged that in their report, and still concluded she broke the law. I'm sorry, I will change it doesn't cut it, (usually).

Edited by DaveE
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Timeline
Posted

Golly. February occurence and makes the news today. That Kenyan fella is really great about this stuff, lag lag lag and lag...

Yay !

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Posted

Looking for my shocked face, but can't find it!!!!

There are only two penalties authorized under the Hatch and, and mandatory retraining is not one of them.

Penalties - "An employee who violates the Hatch Act shall be removed from their position, and funds appropriated for the position from which removed thereafter may not be used to pay the employee or individual. However, if the Merit Systems Protection Board finds by unanimous vote that the violation does not warrant removal, a penalty of not less than a 30-day suspension without pay shall be imposed by direction of the Board." Hatch Act penalties

The White House indicated that Health and Human Services Secretary Kathleen Sebelius would probably not be punished, after federal investigators determined she had violated the law when she campaigned earlier this year for President Obama.

Sebelius broke the law by making "extemporaneous partisan remarks" during a speech in February at a Human Rights Campaign Event in Charlotte, N.C., according to the Office of Special Counsel (OSC). She made the comments in the city that would later host the Democratic National Convention.

White House spokesman Eric Schultz explained in a statement that the administration has already taken action on the matter, though, putting Sebelius through training and making sure taxpayers were reimbursed.

White house probably will not punish Sebelius

 

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