Office of Special Counsel responds to MPP's Hatch Act
The federal Office of Special Counsel responds to MPP's Hatch Act complaint by telling Drug Czar John Walters that campaigning and bribery are all part of the job.
On May 7, 2003 in a shockingly far-reaching decision, the supposedly independent federal Office of Special Counsel (OSC) wrote a letter to John Walters informing him that, as drug czar, he has a virtually unlimited right to use his office to campaign against drug policy initiatives on state ballots.
The letter was in response to a Marijuana Policy Project complaint against Walters based on the fact that he used his office to campaign against Question 9, the marijuana initiative that appeared on the November 2002 Nevada ballot. MPP alleged that Walters' actions violated the 1939 Hatch Act, which bars federal officials from using their official authority and influence to affect the result of an election.
The OSC wrote that votes on ballot initiatives are not "elections," despite a plain reference in the regulations indicating otherwise, and that the Hatch Act does not apply to nonpartisan activities. (Interestingly, the Bush administration recently advised federal Head Start employees that lobbying Congress in support of funding for early childhood education—clearly a nonpartisan activity—would be a Hatch Act violation.) This ruling means the drug czar can campaign as much as he wants against state ballot initiatives using federal tax dollars. In addition, the OSC found nothing wrong with the idea that the drug czar may have steered a $3 million grant to Nevada this past fall to induce state officials to oppose Question 9—meaning the drug czar can use taxpayer money to bribe local officials to oppose drug policy reform measures.
All of the documents related to this complaint can be viewed on our official complaints page.
