Bush Adm. GSA Chief Violated Hatch Act, OSC Report Finds

GSA Chief Violated Hatch Act, OSC Report Finds
By Daniel Friedman
The Federal Times
Tuesday 22 May 2007

An Office of Special Counsel report has found that General Services Administration chief Lurita Doan violated the Hatch Act, which bars federal officials from partisan political activity while on the job, sources say.

The report addresses a Jan. 26 lunch meeting at GSA headquarters attended by Doan and about 40 political appointees, some of whom participated by videoconference. During the meeting, Scott Jennings, the White House deputy director of political affairs, gave a PowerPoint presentation that included slides listing Democratic and Republican seats the White House viewed as vulnerable in 2008, a map of contested Senate seats and other information on 2008 election strategy.

According to meeting participants, Doan asked after the call how GSA could help "our candidates."

Doan has until June 1 to respond to the OSC report, which was delivered to her May 18, according to officials. The officials asked to remain anonymous because the report has not been made public.

After Doan responds, the report will be sent to President Bush with recommendations that could include suspension or termination. The president is not required to comply with the suggestions.

Office of Special Counsel spokesman James Mitchell said the independent office will release the report after it is sent to the White House, but will not comment on the investigation until then. The White House did not return a call seeking comment.

Elaine Kaplan, who headed the Office of Special Counsel under President Clinton and early in the current administration, said "it is extremely unusual" for an agency head to be accused of violating the Hatch Act. But for most employees the penalty for violating the act "is removal," Kaplan said.

Doan has repeatedly said that she does not remember details of the Jan. 26 meeting.

But according to sources, Doan has responded to the allegation by questioning the reliability of some witnesses who described her statement.

A GSA spokeswoman declined to comment on the content of the report, but in a statement said, "the administrator is again disappointed in the failure to protect what remains an ongoing and confidential process. It would be inappropriate for the administrator to comment on the investigation, until the process has been completed."

The Office of Special Counsel announced its investigation last month.

As a Senate-confirmed appointee, Doan is exempt from some Hatch Act provisions faced by lower-level employees. And some experts have questioned whether her alleged statement constitutes a violation.

But OSC officials, without addressing a specific case, have said any official can violate the Hatch Act by making statements that lower-level employees take to imply that they should use agency resources to assist a political party or candidate.

The disclosure of Jennings' presentation at the GSA meeting has prompted broader inquires by OSC and the House Oversight and Government Reform Committee into whether similar presentations by White House officials at other Cabinet agencies violated or prompted violations of the Hatch Act.

The White House has acknowledged that political officials gave briefings to top appointees at almost every agency except the Justice and Defense departments. But a spokesperson has said the presentations were appropriate "informational briefings" made to inform federal appointees "about the political landscape in which they implement the president's policies and priorities."