Lee v. Civil Service Commission

Appellant Delphi Lee, Jr. (Lee) was a civil service worker, employed by the Los Angeles County Department of Public Social *11 Services (DPSS) as an administrative assistant. On January 20, 1975, Lee filed a declaration of candidacy to become a candidate for the Democratic nomination for the office of state senator in a special primary election to be held March 4 the same year. Prior to the filing of Lee’s declaration his DPSS supervisor had advised him in writing that under the circumstances of his employment it might be illegal for him to run for office by virtue of those provisions of the United States Code popularly denominated the Hatch Act. ( 5 U.S.C. § 1501 et seq.) Lee, accordingly, was also requested to obtain an official opinion from the general counsel to the United States Civil Service Commission that such was not the case. The ultimate reason for the request was based upon the fact that, under the terms of the Hatch Act, a state or local agency, here the DPSS, may be faced with a withdrawal of federal funds otherwise flowing to it unless it discharges its employee determined to be in violation of that legislation.

On January 23, 1975, Lee complied with…