Dist Col) 65 F Supp 254, affd 81 App DC 365, 159 F2d 22, cert den 330 US 838, 91 L Ed 1285, 67 S Ct 979, reh den 331 US 865, 91 L Ed 1870, 67 S Ct 1302. Where there was isolated, unsolicited, unpaid, expression of opinion which might never have been published, and nothing more appeared, premeditated effort to engage in, or active participation in, political campaign was not established. Wilson v United States Civil Service Com. (1955, DC Dist Col) 136 F Supp 104. Hatch Act (predecessor of 5 USCS §§ 1308, 1501 et seq., 7324 et seq.) permitted public expression of opinion on political subjects and candidates provided it did not amount to taking active part in political management or in political campaigns. 40 Op Atty Gen 14. 8. Promulgation of regulations In enacting 5 USCS § 7324(a)(2), which defines taking "an active part in political management or political campaigns,” an activity forbidden to federal employees, as "those acts of political management or political campaigning which were prohibited on the part of employees in the competitive service before July 19, 1940, by determinations of the Civil Service Commission under the rules prescribed by the President," Congress intended to deprive Commission of rule-making power in sense of exercising subordinate legislative role in fashioning more expansive definition of kind of conduct that would violate statutory prohibition, but also intended to permit Commission, by its enforcement function, to develop law further within bounds of 1940 Rule, and thereby refine definition of what conduct violates such statutory prohibition; Civil Service Commission regulations in 5 CFR Part 733, defining those acts which are forbidden and those which are permitted by Hatch Act prohibition in 5 USCS § 7324(a)(2) are valid and were arrived at by process that Congress necessarily anticipated would occur. United States Civil Service Com. v National Asso. of Letter Carriers (1973) 413 US 548, 37 L Ed 2d 796, 93 S Ct 2880. Regulations promulgated by Civil Service Commission pursuant to 5 USCS § 7327, ex § 7325. Penalties empting federal employees within District of Columbia of certain requirements of 5 USCS § 7324, and permitting participation in political campaigns on behalf of independent candidates, is legislative regulation, and must comply with notice and comment requirements of Administrative Procedures Act, 5 USCS § 553(b). Joseph v United States Civil Service Com. (1977) 180 App DC 281, 554 F2d 1140. 9. Discharge of employees, generally Only requisite to discharge of probationary employee is written notice stating conclusions as to why he is being removed, but court will grant review of alleged discrimination against employee for political activity not amounting to violation of 5 USCS § 7324. Holden v Mathews (1977) 180 App DC 331, 554 F2d 1190. Whether there has been violation of predecessor of 5 USCS § 7324 is determinable by head of department or independent establishment concerned with removal of employee. 39 Op Atty Gen 462. 10.-Discharge for cause Discharge of federal employee under provisions of predecessor of 5 USCS § 7324 is discharge for such "cause as will promote the efficiency of the service" within meaning of 5 USCS §§ 2108, 7511, so as to support discharge of preference eligible government employee. Flanagan v Young (1955) 97 App DC 119, 228 F2d 466. Discharge of customs inspector pursuant to predecessor of 5 USCS § 7324 by Civil Service Commission for political activities was "discharge for such cause as would promote the efficiency of the service" under Veterans Preference Act. Brown v Macy (1963, ED La) 222 F Supp 639, affd (CA5 La) 340 F2d 115. Annotations: What is a "cause as will promote the efficiency of the service," as a basis, under 5 USCS § 7512, of adverse action against a preference eligible government employee or his disbarment for future appointment. 25 ALR Fed 443. An employee or individual who violates section 7324 of this title [5 USCS § 7324] shall be removed from his position, and funds appropriated for the position from which removed thereafter may not be used to pay the employee or individual. However, if the Civil Service Commission [Office of Personnel Management] finds by unanimous vote that the violation does 242 not warrant removal, a penalty of not less than 30 days' suspension without pay shall be imposed by direction of the Commission. (Sept. 6, 1966, P. L. 89-554, § 1, 80 Stat. 526.) HISTORY; ANCILLARY LAWS AND DIRECTIVES Prior law and revision: U.S. Code 5 USC § 118i(b) Revised Statutes and The word "removed" is substituted for "removed immediately" because Standard changes are made to conform with the definitions applicable Explanatory notes: The bracketed words "Office of Personnel Management" are inserted in Defending Civil Service Employee from Discharge. 24 Am Jur Trials, Forms: 10 Federal Procedural Forms L Ed, Government Officers and Em- Annotations: Validity of statutes restricting political activities of public officers or Prohibiting public employee from running for elective office as violation What acts amount to violation of Hatch Act (5 USCS §§ 1501-1503) 243 Pre-employment conduct as ground for discharge of civil service What law governs employee's right to damages for wrongful discharge. Solicitation or receipt of funds by public officer or employee for Law Review Articles: Vaughn, Restrictions on the Political Activities of Public Employees: Martin, The Constitutionality of the Hatch Act: Second Class Citizen- Nelson, Public Employees and the Right to Engage in Political Activ- Esman, The Hatch Act-A Reappraisal. 60 Yale L J 986. § 7326. Nonpartisan political activity permitted Section 7324(a)(2) of this title [5 USCS § 7324(a)(2)] does not prohibit political activity in connection with (1) an election and the preceding campaign if none of the candidates is to be nominated or elected at that election as representing a party any of whose candidates for presidential elector received votes in the last preceding election at which presidential electors were selected; or (2) a question which is not specifically identified with a National or State political party or political party of a territory or possession of the United States. For the purpose of this section, questions relating to constitutional amendments, referendums, approval of municipal ordinances, and others of a similar character, are deemed not specifically identified with a National or State political party or political party of a territory or possession of the United States. (Sept. 6, 1966, P. L. 89-554, § 1, 80 Stat. 526.) 244 HISTORY; ANCILLARY LAWS AND DIRECTIVES Prior law and revision: U.S. Code 5 USC § 118n Revised Statutes and The words "or political party of a territory or possession of the United States" are added on authority of 5 USC § 118k-2, which is carried into 5 USCS § 1501. Standard changes are made to conform with the definitions applicable and the style of this title [5 USCS §§ 101 et seq.). RESEARCH GUIDE Am Jur Trials: Defending Civil Service Employee from Discharge. 24 Am Jur Trials, p. 421. Forms: 10 Federal Procedural Forms L Ed, Government Officers and Employees, § 35:72. Annotations: Validity of statutes restricting political activities of public officers or employees. 33 L Ed 2d 865. Prohibiting public employee from running for elective office as violation of employee's federal constitutional rights. 44 ALR Fed 306. What acts amount to violation of Hatch Act (5 USCS §§ 1501-1503) prohibiting political activity of certain state and local employee 8 ALR Fed 343. Pre-employment conduct as ground for discharge of civil service employee having permanent status. 4 ALR 3d 488. What law governs employee's right to damages for wrongful discharge. 61 ALR2d 911. Solicitation or receipt of funds by public officer or employee for political campaign expenses or similar purposes as bribery. 55 ALR2d 1137. Law Review Articles: Vaughn, Restrictions on the Political Activities of Public Employees: Martin, The Constitutionality of the Hatch Act: Second Class Citizenship for Public Employees. 6 U Tol L Rev 78. Nelson, Public Employees and the Right to Engage in Political Activity. 9 Vanderbilt L Rev 27. Esman, The Hatch Act-A Reappraisal. 60 Yale L J 986. 245 § 7327. Political activity permitted; employees residing in certain municipalities (a) Section 7324(a)(2) of this title [5 USCS § 7324(a)(2)] does not apply to an employee of The Alaska Railroad who resides in a municipality on the line of the railroad in respect to political activities involving that municipality. (b) The Civil Service Commission [Office of Personnel Management] may prescribe regulations permitting employees and individuals to whom section 7324 of this title [5 USCS § 7324] applies to take an active part in political management and political campaigns involving the municipality or other political subdivision in which they reside, to the extent the Commission [Office] considers it to be in their domestic interest, when (1) the municipality or political subdivision is in Maryland or Virginia and in the immediate vicinity of the District of Columbia, or is a municipality in which the majority of voters are employed by the Government of the United States; and (2) the Commission [Office] determines that because of special or unusual circumstances which exist in the municipality or political subdivision it is in the domestic interest of the employees and individuals to permit that political participation. (Sept. 6, 1966, P. L. 89-554, § 1, 80 Stat. 526.) HISTORY; ANCILLARY LAWS AND DIRECTIVES Standard changes are made to conform with the definitions applicable Explanatory notes: The bracketed words "Office of Personnel Management" and "Office" Am Jur Trials: RESEARCH GUIDE Defending Civil Service Employee from Discharge. 24 Am Jur Trials, Forms: 10 Federal Procedural Forms L Ed, Government Officers and Em- Law Review Articles: Minge, Federal Restrictions on the Political Activities of State and 246 |