Judge Imposes Maximum Penalty for VA Physician who Violated the Hatch Act During 2014 Senate Campaign

April 29, 2020

OSC today announced an initial decision by an administrative law judge finding that Dr. Choudhury Salekin, a VA physician, violated the Hatch Act during his 2014 Senate candidacy.

The U.S. Office of Special Counsel (OSC) today announced an initial decision by an administrative law judge (ALJ) with the Merit Systems Protection Board (MSPB) finding that Dr. Choudhury Salekin, a physician who worked for the U.S. Department of Veterans Affairs (VA), violated the Hatch Act on numerous occasions during his 2014 candidacy for U.S. Senate.

The Hatch Act generally prohibits federal employees from being candidates in partisan elections – even as independent candidates – and from knowingly soliciting, accepting, or receiving political contributions from any person, at any time. The Hatch Act also prohibits employees from using their official influence as government employees to affect the result of an election. Finally, federal employees may not engage in any political activity while on duty or in the federal workplace. According to OSC's November 17, 2017 complaint, Dr. Salekin had received guidance from the VA's acting general counsel outlining each of the Hatch Act's restrictions.

While an employee at the Murfreesboro, Tennessee VA hospital, Dr. Salekin launched his candidacy and used the VA logo in campaign materials, including on campaign business cards. Moreover, he encouraged fellow VA employees to campaign for him and to view his campaign website and video. One patient even provided a testimonial for his campaign video.

In its complaint filed with MSPB, OSC charged Dr. Salekin with 15 different Hatch Act violations. The ALJ found that OSC proved 11 of the 15 charges and imposed the maximum available penalty: a civil fine of $1,000 and a five-year debarment from federal service. Since filing the complaint, Dr. Salekin left federal employment, so removal was not an option.

“This decision confirms why the Hatch Act is so important," said Special Counsel Henry J. Kerner. “Taxpayers should never be forced to unwittingly fund partisan campaign activity. This decision sends a clear message to federal employees that they cannot use their position to impact the results of an election."

The initial decision will become final on June 2, 2020, pending an opportunity for appeal.