Encouraging Development on D.C. Voting Rights and 'Free and Equal D.C.' Series
Norton, Encouraged by Leadership and Membership Meetings on D.C. Voting Rights, Continues ‘Free and Equal D.C.' Bills with Hatch Act Reform Act
March 5, 2009
WASHINGTON, D.C. - Congresswoman Eleanor Holmes Norton (D-DC) today introduced the D.C. Hatch Act Reform Act to allow D.C. to operate under a local law rather than the federal Hatch Act. Norton is keeping her "Free and Equal D.C." legislation on track while continuing to work with the Democratic leadership and other members to move the D.C. House Voting Rights Act forward. Yesterday, House Majority Leader Steny Hoyer (D-Md.), Congresswoman Norton, D.C. Mayor Adrian Fenty, and City Council Chair Vincent Gray held a conference call on strategy to get the bill passed. Yesterday, as well, Norton briefed a group of concerned members and a strategy meeting is scheduled for today at 2:30. Norton said it might be possible to move the voting rights bill forward as early as next week if the present momentum continues. The Hatch Act Reform Act is part of Norton's "Free and Equal D.C." series, close to a dozen bills aimed at freeing D.C. from federal control. Norton said there was no reason to slow her other D.C. reform bills. "We have to keep moving on all fronts," she said.
Norton has already introduced the D.C. Budget Autonomy bill and the D.C. Legislative Autonomy bill for budget and legislative autonomy for the District. The District is the only local jurisdiction under federal Hatch law. The Hatch Act Reform Act would require the District to have its own local Hatch Act before the Norton bill could become effective, and would leave in place the federal Hatch Act restrictions that apply to all other jurisdictions regarding partisan activity. Instead of requiring the Office of Personnel Management (OPM) and its Special Counsel to investigate Hatch Act violations, these violations could become the jurisdiction of the District of Columbia.
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Introduction Statement for theDistrict of Columbia Hatch Act Reform Act of 2009March 5, 2009Ms. Norton. Madam Speaker,
Today, I introduce the District of Columbia Hatch Act Reform Act of 2009, to eliminate discriminatory treatment of the District of Columbia, which alone among U.S. jurisdictions still falls under the federal Hatch Act, as it did before the Congress made the District an independent jurisdiction that today enacts its own local laws. This bill would retain federal Hatch Act authority concerning prohibited partisan and political activity that applies to every state and locality upon receipt of federal funds or functions, and importantly, would require the District to enact its own local version of the Hatch Act barring similar local violations to become effective. Local Hatch Act violations in the District are rare, but the District needs its own Hatch Act to fully account and be responsible for local violations, with which only a local, objective body would be familiar.
This bill will leave in place the federal Hatch Act restrictions that apply to other jurisdictions on the use of official authority, specifically as it relates to elections; the solicitation, acceptance, or receipt of political campaign contributions; the prohibitions on running for public office in partisan elections; and the use of on-duty time and resources to engage in partisan campaign activity when federal funds or responsibilities are involved. My bill would remove only the federal Hatch Act jurisdiction that applies solely to the District of Columbia and would require the District to have its own local Hatch Act, like every other jurisdiction, instead of requiring the federal Office of Personnel Management (OPM) and its Special Counsel to devote staff time and other resources on investigation, fact-finding and judgment of unfamiliar local matters.
Indeed, OPM has asked for the federal guidance my bill offers. In recent cases, OPM cited an ANC (Advisory Neighborhood Commissioner) commissioner for violations of the Hatch Act when he ran for higher office, even though ANC commissioners are “elected officials” under D.C. law. As a result of the failure to clear up the confusion between local and federal jurisdictions, the application of the Hatch Act to ANC commissioners has been selectively enforced by OPM. For example, OPM recently filed cases charging Hatch Act violations against an ANC commissioner running for the D.C. Council but did not file when several members of the current D.C. City Council ran for the D.C. Council from positions as ANC commissioners. The present law results in possible violations of the federal Hatch Act while leaving OPM with local responsibility that does not implicate its federal jurisdiction.
The House recognized that the present federal Hatch Act jurisdiction over the District was inappropriate and obsolete and removed this federal responsibility several years ago, but the Senate failed to act. The District should bear this local responsibility. My bill will eliminate the double indignity of placing a local burden on the federal government and depriving the District of a responsibility, which only local jurisdictions familiar with local laws can be expected to handle responsibly.
The Hatch Act Reform is the fourth in the “Free and Equal D.C.” series of bills that I have introduced to eliminate anti-Home Rule or redundant bills that deprive the city of equal treatment and recognition as an independent self-governing jurisdiction. This uncomplicated and straightforward bill is not controversial, has been enacted before by the House and should be passed forthwith.