Congress Repeals Restriction on Fire Fighters Running for Political Office

December 20, 2012 -- With just days left in the 2012 session, Congress passed legislation expanding the political rights of fire fighters and other state and municipal workers. S.2170, the Hatch Act Modernization Act, was adopted in the Senate on November 30 and in the House on December 19. President Obama signed the bill into law on December 28.

The legislation repeals the federal law that prohibits state and municipal employees from running for partisan political office if they work in a capacity “which is financed in whole or in part by loans or grants made by the United States or a federal agency….”

With more and more fire departments receiving federal grants to purchase equipment, provide training and hire personnel, this 70-year-old restriction on the political rights of public employees was causing confusion and discouraging fire fighters from running for office.

While this is an important step in expanding the ability of fire fighters to participate in the political process, there are still other barriers in the way of IAFF members who want to serve their communities as elected officials. The Hatch Act Modernization Act applies only to state and municipal employees. Federal fire fighters remain covered by other sections of the Hatch Act, and are still barred from many types of political activity.

Also, the prohibition on municipal employees running for office remains in effect for those employees whose salary is paid entirely by federal funds. Therefore, any fire fighter whose salary comes solely from a Staffing for Adequate Fire and Emergency Response (SAFER) grant would not be eligible to run until the grant expires.

Finally, S.2170 only amends the federal Hatch Act. Many states maintain laws, known as “Mini-Hatch Acts,” that bar public employees from running for office or even campaigning. These state laws remain in effect, although a court ruling earlier this year involving New Mexico Professional Fire Fighters President Emily Kane questioned the constitutionality of certain restrictions on the political rights of public employees. In November, Kane was elected to the New Mexico state House of Representatives after winning a court battle to remain on the ballot.

Despite these exceptions, the legislation will have far-reaching implications and lay the groundwork for future expansions of political rights.

Passage of S.2170 was particularly noteworthy because its sponsor is leaving Congress after 36 years. Senator Dan Akaka (D-HI), a long-time champion of the rights of public employees, shepherded the legislation through the House and Senate in one of his final acts before retiring in January.