Reading Room Document
Applicability of Hatch Act to Service by United States Attorney and Assistants as Delegates to the Virgin Islands Constitutional Convention
The document is a memorandum opinion regarding the applicability of the Hatch Act to employees of the Department of Justice in the Virgin Islands running for and serving as delegates to the forthcoming Virgin Islands constitutional convention. The conclusion reached is that the Hatch Act does not prohibit the proposed activity, as it is not specifically identified with a national or state political party. The document also raises the question of whether employees must take a leave of absence from their official positions during the proceedings of the convention, and it is concluded that there is no legal requirement for such leave, but it may be necessary to consult the Federal Personnel Manual and appropriate officials in the Office of Management and Finance for further guidance.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit