The U.S. Office of Special Counsel (OSC) found that Department of Health and Human Services (HHS) Secretary Xavier Becerra violated federal law.
Special Counsel Henry Kerner sent a letter to President Joe Biden in which he said that Becerra violated the Hatch Act by publicly expressing support for California Democrat Sen. Alex Padilla’s reelection while appearing in an official capacity as HHS secretary.
“As explained in the accompanying report, OSC concluded that Secretary Becerra violated the Hatch Act by expressing support for Senator Alex Padilla’s reelection while speaking in his official capacity at the Congressional Hispanic Caucus Institute Annual Awards Gala on September 15, 2022,” Kerner wrote.
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The Office of Special Counsel found that Department of Health and Human Services Secretary Xavier Becerra violated the Hatch Act by publicly expressing support for California Democrat Sen. Alex Padilla’s reelection while appearing in an official capacity. (Reuters / File)
“The Hatch Act prohibits federal employees from using their official authority or influence to affect the outcome of an election,” Kerner continued. “In delivering his speech, Secretary Becerra impermissibly mixed his personal electoral preference with official remarks.”
“While federal employees are permitted to express support for candidates when speaking in their personal capacity, the Hatch Act restricts employees from doing so when speaking as a government official,” he added.
Kerner wrote that with “a presidential election approaching next year, this report offers an opportunity to deter violations by reminding federal employees at all levels of the Hatch Act’s restrictions.”
“Accordingly, I submit to you the enclosed report, together with Secretary Becerra’s response, for your consideration,” Kerner concluded in the letter.
In his response to the OSC, Becerra called his words an “inadvertent violation” and said he regrets them, and added that he “did not realize at the time that my off-the-cuff remarks” regarding his “personal voting intentions were in violation of the Hatch Act.”
“I now understand why they were not permitted,” Becerra said, also saying he received “additional counseling” from the HHS ethics department on the Hatch Act. Becerra said he would “work hard to ensure that there are no future violations.”
Padilla first came to the Senate after Vice President Kamala…
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