Thus, OSC will pursue disciplinary action for Hatch Act violations as expressly provided for by statute. This means OSC will consider all non-PAS political appointees, including those serving in the White House, as subject to disciplinary action proceedings at the MSPB. OSC will continue to be transparent in its enforcement efforts by making the filing of any such MSPB enforcement actions public at the time they are initiated, just as OSC has, in the past, made public reports to the President of alleged Hatch Act violations by White House personnel serious enough to include a request forsanctions and other remedial measures.
Second, because the Hatch Act does not bar enforcement against former employees and because the MSPB has held that an “employee’s post-violation resignation does not eliminate the case or controversy between the employee and the Special Counsel concerning whether the employee violated the Hatch Act and, if so, what penalty is warranted”, OSC will also bring to the MSPB appropriate cases alleging Hatch Act violations by individuals who engaged in material misconduct while a federal employee but who have since left government service. See Special Counsel v. Malone, 84 M.S.P.R. 342, 362 (1999).