Marine Corps Base Quantico -- With the 2016 presidential election season approaching, federal employees may wish to show their support for individual political candidates or parties on their social media profiles. The U.S. Office of Special Counsel (OSC) has issued updated and streamlined advice for using social media without violating the Hatch Act of 1939, which prohibits federal employees from engaging in activities that support or detract from a partisan political group.
“It's always a good idea to keep up with OSC’s updates about political activities for federal employees. Social media has become a big part of our lives,” said Glenn Hancock, deputy counsel for the Quantico Area Counsel Office. “It's how many of us keep up with what is happening in the world, and share our interests, opinions, and activities with our family and friends.”
OSC’s latest updates tackle new issues such as whether an employee can use campaign logos or candidate photos as their cover or profile photos on Facebook and Twitter and whether they can forward e-mails that address current events.
“You might feel very supportive of one of the candidates running for President in 2016, and enthusiastically use the candidate's picture as your new profile picture on Facebook,” Hancock said. “And then one day, during your lunchbreak, you share a really cute cat video with your Facebook friends, using your smartphone. Without realizing it, your use of a candidate's image as your profile picture shows your support for a partisan candidate running in a partisan political office every time you send or share a post on Facebook, or a tweet on Twitter.”
Hancock said that even if you share the video on your lunch break using your personal smartphone, you are still considered “on-duty.” And if you’re a civilian Federal employee, your action has violated the Hatch Act. If you are a Marine or Sailor, you have violated DoD Instruction 1344.10, Political Activities by Members of the Armed Forces. Violations like this one may seem minor, but carry potentially serious consequences. Civilian employees may be subject to adverse administrative or disciplinary actions, such as as a written reprimand, suspension or even removal from Federal employment. Marines and Sailors face potential penalties as well, including formal counseling, non-judicial punishment, or even a court-martial for significant violations of the DoD instruction.
The OSC guidelines stipulate that it is acceptable for federal employees to use candidate photos as their cover images on social media, as these images do not appear each time the employee shares or “re-tweets” something. Federal employeesm may also use candidate photos/political party images for the profile picture on Facebook or Twitter, but with the limitation that they may not post, share, tweet, or re-tweet any items while they are on duty or in a Federal workplace. Additionally, Federal employees may “like” a social media post from a candidate or political party while they are off-duty, but they cannot “like” or share a post soliciting for political contributions at any time.
Federal employees may read the OSC’s streamlined advice on social media at https://osc.gov/pages/hatchact.aspx. Marines and sailors may also contact their staff judge advocate with questions about DoDI 1344.10 political activity restrictions.
“Another resource for all Marines, Sailors, and Civilians here at Quantico is to contact the Quantico Area Counsel Office, at (703) 784-3009,” Hancock said. “We have fact sheets, PowerPoint briefs, and of course attorneys and paralegals who can research your questions about political activities. It's always a popular topic during a Presidential campaign."
— Writer: auphausconner@quanticosentryonline.com