Action:
Update Personnel Policies for Local Departments of Social Services to Align with Federal Law
Action 6382
General Information
| Action Summary |
Proposed amendments in Subsection A of §22VAC40-675-210, Paragraphs 1. and 3. (Political Activity) involve the addition of the changes consistent with the Hatch Act Modernization Act of 2012. The changes to the Hatch Act (5 USC §§ 1501-1508) now allow more flexibility for state and local employees who wish to run as a candidate in a partisan public elective office in a primary, general, or special election.
Prior to the Hatch Act Modernization Act of 2012, state and local employees were prohibited from running as a candidate for a partisan public elective office if their salaries were paid either partially or entirely by loans or grants made by the United States or a federal agency. Now, state and local employees are permitted to run as candidates in these elections as long as their positions are not paid completely from such loans or grants. State and local employees are still responsible for adhering to the remaining stipulations of the Hatch Act (Paragraphs 1. And 2.) regardless of whether their employment is paid partially or entirely from such loans.
Amendments to subsections C of 22VAC40-675-210 (Political Activity) correct the misspelling of the word “principal.”
Proposed amendments in subsections D of 22VAC40-675-210 (Political Activity) add the phrase “…and applicable state and local laws, regulations, and ordinances.” There are some Virginia Code sections that may apply that do not conflict with the federal Hatch Act, or the locality may have a conflict-of-interest provision that would apply to the local department worker for certain public office positions.
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| Chapters Affected |
Only affects this chapter.
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| Executive Branch Review |
This Action is exempt from Article 2 of the Administrative Process Act, but falls within the Executive Branch and
will be reviewed by the Governor's Office.
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| RIS Project |
Yes [7758] |
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Is Federal action a driving factor in this regulatory change? If so, please provide a specific reference to the law, regulation
or court case.
Hatch Act-5 USC Sections 1501-1508, Hatch Modernization Act of 2012
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| New Periodic Review |
This action will not be used to conduct a new periodic review.
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Stages
Stages associated with this regulatory action.
| Stage ID |
Stage Type |
Status |
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10196
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Final
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Stage complete. This regulation became effective on 02/14/2024. |
Contact Information
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Name / Title:
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Leighann Smigielski
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Policy Analyst, Sr.
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Address:
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801 E. Main Street
Richmond, VA 23219
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Email Address:
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r.leighann.smigielski@dss.virginia.gov
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Phone:
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(804)726-7059
FAX: (804)726-7027
TDD: ()-
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This person is the primary contact for this chapter.
