1 of 41

The HATCH Act and Your Right to Lobby

Local 17 Training

Washington, DC

December 12, 2019

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL - CIO

2 of 41

Introduction to the Course

Goal: To learn to navigate the Hatch Act and create a successful grassroots Lobbying plan.

History and Development of Hatch Act
Do’s and Don’ts
Mobilization
Social Media
Right to Lobby
Effective Lobbying Techniques

The HATCH Act and Your Right to Lobby

3 of 41

HATCH ACT

The HATCH Act and Your Right to Lobby

4 of 41

The Hatch Act generally applies to employees working in the executive branch of the federal government and DC. The purpose of the Act is to maintain a federal workforce that is free from partisan political influence or coercion.

What is the HATCH Act

The HATCH Act and Your Right to Lobby

5 of 41

The History of the Hatch Act�

Thomas Jefferson issued the first executive order in 1801 concerning Political Activity of federal employees
Pendleton Act of 1883
Executive Order 642 was signed by Theodore Roosevelt in 1907
In 1939, a comprehensive bill of all previous executive orders and legislation was passed, known as the HATCH Act

It was named for Senator Carl Hatch (D-NM)
Severally limited participation in elections

The HATCH Act and Your Right to Lobby

-President Thomas Jefferson issued an Executive Order that said federal workers should neither "influence the votes of others, nor take part in the business of electioneering." He saw such activities as "inconsistent with the spirit of the Constitution."

-Pendleton Act: The law sought to eliminate patronage by insulating federal employees from coercion. It provided that they could not be fired for refusing to work on behalf of a candidate or for choosing not to make campaign contributions.

-Executive Order 642: Its two major prohibitions addressed employees in the executive civil service and the larger class of federal civil servants. The former were forbidden to use their authority to interfere in elections, and the latter were barred from taking part in political management or campaigning. This order marked the first time that federal employees had limits placed on their First Amendment right to engage in political speech.

-HATCH Act 1939: The legislation was introduced following the 1938 congressional election when Democrats were accused of using WPA employees. The act stated, "No officer or employee in the Executive Branch of the Federal government, or in any agency or department thereof, shall take any active part in political management or in political campaigns". The measure received bipartisan support in a response to concern about the New Deal -franklin d. Roosevelt's economic program for relieving the effects of the Great Depression—which significantly increased the ranks of federal employees. Congress wanted to rein in Roosevelt's power, especially following allegations that he had used Works Progress Administration employees to influence the 1938 congressional elections. Opponents of patronage in general and enemies of Roosevelt in particular thought the New Deal represented an opportunity for the president to meddle with elections while perpetuating his hold on the White House.

In 1940 they further restricted state and local employees who are paid through federal funds.

6 of 41

Challenges to the HATCH Act�

United Public Workers of America v. Mitchell

Argued it restricted First Amendment rights of Federal Employees

United States Civil Service Commission v. the National Association of Letter Carriers

Argued both First Amendment right violations and the vagueness of the Law

The HATCH Act and Your Right to Lobby

7 of 41

Congressional Changes and Oversight to the Hatch Act

Congressional Amendments

Amended in 1974

Cut back on State and Local employee restrictions

Amended in 1993

Liberalization of Hatch or “Unhatched”

Amended in 2012

Allows State and Local employees to run for partisan office unless the employee’s salary is fully funded by federal dollars

Office of Special Counsel oversees Hatch Act and violations

Punishments vary on violation

Fine
Loss of Job
Arrest

The HATCH Act and Your Right to Lobby

8 of 41

The HATCH Act and Your Right to Lobby

Do’s and Don’t’s For Federal Employees

Lobbying Members of Congress

Federal and DC Employees MAY

be candidates for public office in nonpartisan elections

register and vote as they choose

assist in voter registration drives

express opinions about candidates and issues

contribute money to political organizations

attend political fundraising functions

attend and be active at political rallies and meetings

Office of the Special Counsel

9 of 41

The HATCH Act and Your Right to Lobby

Do’s and Don’t’s For Federal Employees

Lobbying Members of Congress

Federal and DC Employees MAY

join and be an active member of a political party or club

hold office in political clubs or parties

sign nominating petitions

campaign for or against referendum questions, constitutional amendments, municipal ordinances

campaign for or against candidates in partisan elections

make campaign speeches for candidates in partisan elections

distribute campaign literature in partisan elections

Office of the Special Counsel

10 of 41

The HATCH Act and Your Right to Lobby

Do’s and Don’t’s For Federal Employees

Lobbying Members of Congress

Federal and D.C. Employees May Not

use official authority or influence to interfere with an election

solicit or discourage political activity of anyone with business before their agency

solicit or receive political contributions (may be done in certain limited situations by federal labor or other employee organizations)

be candidates for public office in partisan elections

engage in political activity while:

on duty
in a government office
wearing an official uniform
using a government vehicle

wear partisan political buttons on duty

Office of the Special Counsel

11 of 41

Non-Partisan Issue Education on Federal Property�

These activities are NOT covered by the HATCH Act
You CAN mobilize and organize without violating the HATCH Act

You can conduct a wide variety of activities around issues that affect federal employees without violating the Hatch Act. Issues including:

Your pay raise
Underfunding or understaffing at your agency
The quality of service provided by your agency
Your rights at work
Contracting out
Health care, retirement, and other benefits
Ballot Initiatives

The HATCH Act and Your Right to Lobby

12 of 41

Mobilization Activities are Permitted�

Invite all employees, AFGE members and potential members to a meeting at work to discuss issues affecting them, then sign up potential members.
Post flyers about issues important to federal employees on bulletin boards.
Circulate flyers on federal employee issues before and after work at entrances to your worksite.
Hold a rally, set up picket line, or hold a press conference on federal employee issues.

The HATCH Act and Your Right to Lobby

13 of 41

How Can We Improve?

AFGE is only as strong as it’s Councils, Councils are only as Strong as it’s Local

Is your Local in contact with your District person?
Have you checked out AFGE Website?
Have you Registered with your union website?

Does your Local have a Retiree Coordinator or Committee??
What does a Local Retiree Coordinator do?
Does your local have a Legislative Committee?
Does your Local have an Legislative Political Coordinator?

14 of 41

Work Place Friendly Flyers �

The HATCH Act and Your Right to Lobby

15 of 41

16 of 41

Digital

17 of 41

�Digital Activism: Beyond Websites�

1. Social Networks:

Examples: Facebook, Twitter, LinkedIn

Why people use these networks: To connect with people (and brands) online.

2. Media Sharing Networks:

Examples: Instagram, Snapchat, YouTube

Why people use these networks: To find and share photos, video, live video, and other media online.

3. Discussion Forums:

Examples: reddit, Quora, Digg

Why people use these networks: To find, discuss, and share news, information, and opinions.

4. Blogging and Publishing Networks:

Examples: WordPress, Tumblr, Medium

Why people use these networks: To publish, discover, and comment on content online.

5. Mobile Communication (Apps and Text Messaging):

Examples: Custom Designed Apps, Hustle, Text Message Services

Why people use these networks: To communicate to others through mobile devices

18 of 41

What can we achieve?�

TOP 6 DIGITAL OUTCOMES:

Shape Public Opinion
Plan an Action
Connect and Protect Activist
Share a Call to Action
Take Action Digitally
Build and Share Resources

19 of 41

You and Social Media�

NEVER on duty time or federal property.
You may list your position and political affiliation on your personal page.
You may advocate for against a person/party, as long as, post is directed at all followers.
You may not create an official page for your position and discuss political stances.

The HATCH Act and Your Right to Lobby

20 of 41

Group Work

The HATCH Act and Your Right to Lobby

21 of 41

The HATCH Act and Your Right to Lobby

Scenario 1

You have a conversation with another AFGE member in the lunchroom about how the budget cuts are undermining the ability of the Agency to conduct its mission. You ask the member, who works in a different part of the facility, to speak with other co-workers about opposing a recent legislative bill, HR 1001, which would cut the Agency’s budget by another 10% over the next two years.

FEDERAL HATCH ACT

22 of 41

The HATCH Act and Your Right to Lobby

Scenario 2

You are talking with several people at work about how the agency is getting less effective and a co-worker suggests that the Union send a letter to the congressional representative requesting that the Secretary of the Department reconsider several cuts to the agency staffing. Another co-worker recommends inviting the congressional representative to meet with the union at the facility to discuss their concerns.

FEDERAL HATCH ACT

23 of 41

The HATCH Act and Your Right to Lobby

Scenario 3

An AFGE member invites several co-workers in the department out for a happy hour event at a local tavern. One of the Local VPs is also invited. At the happy hour, the conversation gets into politics, which ends in the VP asking the dozen or so employees who are there to “Do what you can and volunteer to help elect Sue Mallory!”

Sue Mallory is a candidate for the 3^rd district Congressional Seat. The outburst was then followed by a round of drinks to toast the candidate.

FEDERAL HATCH ACT

24 of 41

The HATCH Act and Your Right to Lobby

Scenario 4

The US Presidential election is underway and the AFGE Executive Board has endorsed a candidate. Your Local votes to hold a voter registration drive in the cafeteria every month until the election.

FEDERAL HATCH ACT

25 of 41

The HATCH Act and Your Right to Lobby

Scenario 5

As an LPC, you ask a co-worker to get involved in sharing an online petition on Facebook, asking for support of legislation that would protect the Agency from further budget cuts. The co-worker states that he/she does not feel comfortable doing this, as it may violate the Hatch Act or other federal restrictions on employee legislative and political activity.

FEDERAL HATCH ACT

26 of 41

The HATCH Act and Your Right to Lobby

Scenario 6

A new member attends a local union meeting and mentions that she is good at creating engaging websites (she used to the run online marketing program for a local business). She has an idea to include an endorsement of a Congressional representative who is a strong supporter of federal employees on the Local’s website.

FEDERAL HATCH ACT

27 of 41

AFGE & Lobbying

The HATCH Act and Your Right to Lobby

28 of 41

Your Right to Lobby�

In general, federal employee’s have a statutory (legal) right to “individually or collectively” petition (lobby) Congress. The Law that covers this right is 5 U.S.C. 7211.
Section 7211 of Title 5 of the United States Code says:

“The right of employees, individually or collectively, to petition Congress or a Member of Congress, or to furnish information to either House of Congress, or to committee or Member thereof, may not be interred with or denied.”

This right of federal employees to contact Members of Congress is undeniable to employees as long as they are not on duty time and not using government property or government resources.

The HATCH Act and Your Right to Lobby

29 of 41

Lobbying on Official Time and the HATCH Act�

Union officers can negotiate additional rights to lobby on official time based on Section 7102, Title 5 of the U.S. Code, 5 U.S.C. 7102 that says in part:

“ Except as otherwise provided under this chapter, such right includes the right-

(1) to act for a labor organization in the capacity of a representative and the right, in the capacity, to present the views of the labor organization to heads of agencies and other official of the executive branch of the Government, the Congress, or other appropriate authorities…”

Even on official time you may not represent the agency, but only as a union official, advocating on behalf of the union interests.

The HATCH Act and Your Right to Lobby

30 of 41

Understanding Lobbying�

Multiple Ways to Lobby your MOC

Face-to-face
Phone
Email

Relationship → Trust → Influence

Relationship Building with Legislators:

Consistency

Regular contact: Be a presence, not a pest
Show support when appropriate

Persistence

Cannot let one “bad” answer deter you

Informed advocacy

Research: audience needs to trust that you have done your homework and that what you say is true

In the end, you want to create champions

The HATCH Act and Your Right to Lobby

31 of 41

Best Practices: Developing Relationships �with Policymakers�

Understand what will “reach” decision makers requires research of their interests, background, and past actions
Change happens through relationships, not anonymity
Stories put a face on the issues and reach people at an emotional level
Persistence is key to getting decision makers to take action
Timing is important, so one must understand the legislative process

The HATCH Act and Your Right to Lobby

32 of 41

Preparing for Face-to-Face Meetings with �Members of Congress

The HATCH Act and Your Right to Lobby

Go over the key fundamentals of a successful lobby trip.

Plan ahead. Know how long it takes to get there and be on time. Be sure that anyone going with you meets you ahead of time, potentially having time to go over the meeting once more.
Know what you are going to say and how you can tailor if need be based on who is present and how long you end up receiving. You maybe promised 30 minutes and only get 15.
While keeping the meeting personal it is very important that you aren’t deviating from the message you want to leave. You have limited time to get your ask across.
Regardless of party treat each office the same. But do not mention campaign contributions or campaign related activities.
The purpose of the meeting is to bring a face to the issues and give them information on how it will directly effect their district. The fact sheets are leave behind material to help address any questions. Use these this way. Shape your message around them but don’t just read the information to them.

33 of 41

AFGE Legislative Program

Building relationship with your member of congress office
Attending Town Halls
Attend Leg-Con
Attend AFL-CIO meetings

34 of 41

Congressional Reporting Structures Are Hierarchical

Member of Congress

Chief of Staff

Legislative Director/Counsel

Legislative Aide

Communications Director

District Director

District Caseworkers

Legislative Correspondent

Staff Assistant

Personal Assistant/ Scheduler

Policy Staff

Communications Staff

Office Staff

District Staff

Source: “Hit the Ground Running: 112^th Congress Edition,” Office of Rep. Eric Cantor.

Sample Organization of a Congressional Office

Analysis

Members of Congress are advised to structure their office into discrete areas, depending on their staffers’ functions
Nonetheless, almost every office will have a unique structure and series of staff duties
The vast Congressional workload means that the day-to-day reporting structure of a Congressional staffer may look very different in practice than on paper

35 of 41

Committee Staff Can Report to Multiple Bosses

Committee Chair

Subcommittee Chair

Committee Member

Investigations Subcommittee Chair

Staff Director

Subcommittee Staff Director

Chief Counsel

Chief Investigator

Press Secretary

Deputy Staff Director

Issue Experts

Policy Analysts

Investigative Staff

Committee Staff

Sample De-Facto Organization of a Congressional Committee

Policy Advisors

Committee Members

Analysis

Although Congressional committee staff are officially hired by the committee chair or ranking member, some committees (especially Appropriations) will allow subcommittee chairs or even ordinary members to designate staff as their own

Sources: R. Eric Petersen, “Congressional Staff: Duties and Functions of Selected Positions” Congressional Research Service, November 4, 2010; Congressional Management Foundation.

36 of 41

Preparing for a Meeting

Research Members of Congress (MOCs)

Know the facts about your issue, legislation and position
Know the facts about your MOC’s position on the issue
Know some background about your MOC (committee assignments, voting record, etc.)

Outline your agenda

Plan to go in a group if possible
Assign roles, including a facilitator and note-taker
Choose issues that will get priority
Who will handle follow-up

The HATCH Act and Your Right to Lobby

37 of 41

Lobbying Effectively �

3 Basic Parts to a successful meeting

Introduction

Spend about 5 minutes to identify yourself and the group you are representing. Remember to include that you and/or most of your group is from the member’s district. Also, feel free to share your where your route is in the district. Use your story to relate to the MOC, stay away from small talk.

Acknowledgements

Take a few minutes to thank the member for any previous actions. If the member is not a supporter, thank them for their time.

The Ask

You or your group’s ask should be specific, direct, and clear.
The next 5-10 minutes should be spent presenting supporting your ask with facts and testimonials.

The HATCH Act and Your Right to Lobby

38 of 41

Create a Successful Lobby Visit

Use the lobby worksheet to prepare a visit to talk your Member of Congress about cuts to your retirement that OPM has proposed.

Increase your contributions to 7.25% (cutting your take home pay)
Decrease what you will receive at retirement from high 3 to high 5

39 of 41

Group Work

The HATCH Act and Your Right to Lobby

40 of 41

Use Meeting Follow Up to Build Trust

The HATCH Act and Your Right to Lobby

41 of 41

Wrap Up�and �Q&A

The HATCH Act and Your Right to Lobby