Who is covered by the Mini-Hatch Act?

The Mini Hatch Act was designed to protect covernment employees from being pressured to support political candidates. It seems that are misconceptions that as long as an employee is "unclassified" such employee may actively participate in a political campaign. Article 5 of Title 4, GCA, however states only the following types of government of Guam employees are exempt from the Mini Hatch Act:

(1) A person holding elective office; (2) A special or Staff Assistant to the Governor; (3) A person appointed by the Governor with the consent of the Legislature; (4) A person retained from time to time to perform professional or special services for a specific fee; and (5) A person working on a casual basis on the days he performs no services.

This information can be verified at the following link:

http://www.guam.net/guam-law/04/4GC5.94C.html

It appears that a few employees are violating the Mini Hatch Act including former Senator Joe T. San Augustin who is an unclassified employee of the Guam Economic Development Authority (GEDA) and Democratic Party Chairperson. What about Patty Garrido? Isn't she also holding an unclassified position that is not subject to the consent of the legislature? There are others too who appear in political ads.

-- (masmauleg@mailexcite.com), October 13, 1998

Answers

We believe Ron Teehan also falls into that category, and I think a complaint might be on record at the Civil Service Commission.

-- The Guam News (guamnews@hotmail.com), October 13, 1998.

Another violation of the Mini Hatch Act was the participation of "organized agency/department employees groups" in the recent '98 motorcade. The Mini Hatch distinguishes between the expression of the individual employee as "permitted", while citing organized activities of a group of employees as "not permitted". The key word is organized.

Responsible rebuttals from '98 lawyers are welcome on this subject.

-- Alfred F. Duenas (ways@ite.net), October 19, 1998.