Personal Social Media and the Hatch Act for Lesser Restricted Employees

Even if EPA is experiencing a lapse of appropriations, employees are still subject to all of the ethics laws and regulations, including the Hatch Act, which governs the political activity even in your personal capacity.

The following prohibitions apply to all employees, all the time. You can never ever:

• Solicit, accept, or receive political contributions
• Run for partisan political office election
• Use your EPA affiliation or title in connection with political activity
• Engage in political activity in the federal workplace, including telework locations (during the telework day)
• Coerce subordinates to engage in political activity
• Solicit volunteer services from a subordinate
• Use your official authority to interfere with the outcome of an election
• Solicit or discourage political activity of anyone with business before EPA

Lesser Restricted Employees

The following types of employees are “lesser restricted” under the Hatch Act: career employees who are GS, SL/ST, ALJ, Title 42; political appointees who are Schedule C or non-career SES; and Administratively Determined appointees.

The information on this page does not apply to Presidential Appointees, Public Health Service officers, or to career SES or Administrative Law Judges. See instead “Hatch Act – Personal Social Media (further restricted employees)”.

Personal Social Media

Cover or header photo

You may display a party or campaign logo or candidate photograph as your cover or header photo on your social media accounts. This display, usually featured at the top of a social media profile, without more, is not improper political activity (defined as activity directed toward the success or failure of a political party, partisan candidate, or partisan political group).

Profile page or profile picture

On the profile page for your social media account, you may identify the political party that you support (e.g., the field for "political views" on a Facebook profile). Doing that, without more, is not political activity. But be careful. Because a profile picture accompanies most actions on social media, you are not permitted, while on duty or in the workplace, to post, “share,” “tweet,” or “retweet” any items on personal social media because each such action would show your support for a partisan group or candidate in a partisan race, even if the content of the action is not about those entities.

Linking to political websites

On your own time -- and not using EPA resources -- you may post a link to the website of a political party, partisan candidate, or partisan political group on your personal social media page or blog. But do not link directly to their donations webpage where readers can contribute money to the party, group, or candidate.

Advocacy for or against partisan candidates, political groups or parties

On your own personal social media pages or the personal pages of others, you may advocate for or against a political party, partisan political group, or candidate for partisan public office.

Be sure not to veer into activity that is expressly prohibited. For example, all federal employees are prohibited at all times – 24/7 – from fundraising for a partisan candidate, group or campaign. You can’t ever engage in political activity on government time or premises, or while using official title or position. Don’t ask or encourage readers to make partisan political contributions and don’t post a link to the contribution page of any of the websites for those groups or individuals.

Writing your own personal blogs or social media posts

On your own time but never on federal property (no matter what time of day or night), you may write a blog or send messages in which you express support or opposition to partisan political candidates and political parties. But do not use your official title or status to interfere with an election or to bolster your political opinions or perspective. And, if you’re a supervisor, think about whether your subordinates will be targeted.

Concerns for supervisors who “friend” subordinates in personal social media

If you’re a supervisor who has “friended” subordinate employees, then be careful before you choose to advocate for or against a political party, partisan political group, or candidate for partisan public office on your personal social media pages.

It’s okay if your statements are directed to all your social media “friends,” e.g., if you posted your opinion concerning a candidate in your “status” field. BUT you would be violating the Hatch Act if you specifically directed comments to your subordinates or to a subset of friends that includes subordinates by sending a “message” on your social media platform. That’s purposefully targeting subordinates with the message, as opposed to the open posting in which subordinates see your opinions by chance. By the way, never send an email to your subordinates that’s directed at the success or failure of a political party, partisan political group, or partisan candidate. Be particularly careful about editorials, newspaper articles or political cartoons. It’s possible that the Office of Special Counsel might view those e-mails as ones that purposefully target subordinates, and thus conclude they are an improper use of your official authority or influence to affect the result of an election.

Receiving personal blogs or social media posts

Let’s say that one of your followers or friends posts a comment on your personal social media page that solicits partisan political contributions or posts a link to the contribution page. Well, we recognize that you’re not responsible for the acts of a third-party, even if that person’s actions appear on your social media account. If your “friend” posts a link to the partisan political contribution page, you cannot “like” the comment or otherwise post any comments that would tend to encourage (or discourage) other readers to donate or comment. While you’re not required to remove the original post – you just can’t comment on it – we encourage you to consider removing it from your page to avoid confusion.

Liking or following the social media pages of a political party, partisan candidate or political group

On your personal social media accounts, you may like or follow these pages, but remember the usual limitations. During duty hours (even while teleworking) or while in the federal workplace, don’t suggest that others “like,” “friend,” or become a “fan” of the party, group, or candidate, accept an invitation to a partisan political event, or forward the invitation to others. Don’t forget that you can never solicit, accept, or receive political contributions at any time.

If you receive an invitation from the party, group, or candidate to a fundraising event via social media or other means, remember that you are always prohibited from sharing that invitation with others. Never suggest or ask readers to make partisan political contributions. Don’t ever post links to the contribution pages of any partisan entity, even on your own personal blogs or posts.

Official social media pages

You cannot use official social media to advocate for or against a political party, partisan political group, or partisan candidate on the page. Any page created in your official capacity or used for official purposes must be limited to official business matters. EPA’s official social media must remain politically neutral and used only to share information about the agency's official business. Official pages cannot be linked to partisan political websites nor include any articles or commentary about an EPA official's speech or attendance at a partisan political event.

Messages from the White House about the shutdown

In your personal social media accounts, you may share or link to information from the White House. And in official social media, be extra careful. Remember, the President and the Vice President are exempt from the Hatch Act, but you are not. Don’t assume that the White House communications have been vetted to be compliant with your obligations under the Hatch Act. If you have questions, then please contact [email protected].

Using an alias

Please do not attempt to create an alias in social media just so you can be a “fan” of, “like,” or “follow” a political party, partisan political group, or partisan candidate. You are still subject to the Hatch Act even if you act under an alias. And, really, would you do that? Please say no.