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Washington, D.C.— National Treasury Employees Union (NTEU) President Colleen M. Kelley has called on Environmental Protection Agency (EPA) Administrator Christine Todd Whitman to correct an all employee memorandum that “comes perilously close to coercing employees for partisan political purposes,” a violation of federal law.

In a letter to Administrator Whitman, Kelley said that while the president has proposed making all of Title 5 of the U.S. Code, including the Hatch Act, waivable by an agency head and the Director of the Office of Personnel Management (OPM) in homeland security legislation, “that bill has not yet been enacted, nor would its provisions apply to EPA without additional legislation. So for the time being, political appointees are still prevented from instructing career employees to promote a particular political candidate or agenda.”

In a September 20 memorandum on employee Hatch Act responsibilities, EPA Principal Deputy General Counsel Anna L.Wolgast included a chart outlining political activities EPA employees can and cannot do based on their appointment. Kelley noted that the first type of activity listed in the table is: “Off-Duty – Express support for the President and his program,” with an indication that this is permitted for all categories of employees at the EPA.

“The statement that employees can support the President’s program off-duty – coupled with the conspicuous omission of their right to oppose his program – comes perilously close to coercing employees for partisan political purposes,” Kelley wrote in her letter, and a violation of merit system principles in Title 5 of the U.S. Code.

The union leader also wrote that the statement “may also violate the Hatch Act,” given that a central focus of the president’s activities, shortly before a national congressional election, is to promote the election of those who support his program.

“It is obviously improper for a government official to use his or her official position to encourage employees to further any particular political agenda,” wrote Kelley.

She urged Administrator Whitman to “quickly correct” the memorandum by making clear that federal employees are “currently free to support or oppose any political candidate or agenda that they so choose.”

The text of NTEU President Kelley’s letter follows:

October 8, 2002

The Honorable Christine Todd Whitman

Administrator

Environmental Protection Agency

Ariel Rios Federal Building

1200 Pennsylvania Avenue, N.W.

Washington, D.C. 20460

Dear Administrator Whitman:

I am writing with regard to a September 20, 2002 all employee memorandum written by EPA Principal Deputy General Counsel Anna L. Wolgast, a copy of which is attached. The subject of the memorandum is Employee Hatch Act Responsibilities and a chart is included with this introduction: “The following table indicates what political activities EPA employees can and cannot do based on their appointment.” The first type of activity listed in the table is: “Off-Duty – Express support for the President and his program.” The table indicates that this is permitted for all categories of federal employees at the EPA.

The statement that employees can support the President’s program off-duty—coupled with the conspicuous omission of their right to oppose his program—comes perilously close to coercing employees for partisan political purposes, a violation of the merit system principles set forth at 5 U.S.C. 2301(a)(8)(A). Moreover, given that a central focus of the President’s activities, in these days shortly before a national Congressional election, is to promote the election of those who support his program, that statement may also violate the Hatch Act. It is obviously improper for a government official to use his or her official position to encourage employees to further any particular political agenda.

While the President has proposed in section 730 of H.R. 5005, the Homeland Security bill, making all of Title 5 of the U.S. Code, including the Hatch Act, waivable by an agency head and the Director of OPM, that bill has not yet been enacted, nor would its provisions apply to EPA without additional legislation. So, for the time being, political appointees are still prevented from instructing career employees to promote a particular political candidate or agenda.

I would, therefore, urge you to quickly correct the memorandum cited above by making clear that federal employees are currently free to support or oppose any political candidate or agenda that they so choose.

I look forward to hearing what steps are being taken to correct the misimpression left by the September 20th memorandum.

Sincerely,

Colleen M. Kelley

National President