According to the law, the OSC should present its findings to the Merit Systems Protection Board, which will then set a hearing for the employee in question to determine a course of action.
Citizens for Responsibility and Ethics in Washington, CREW, which filed complaints with the OSC about Conway's conduct said "Conway's repeated violations and publicly expressed disdain for the law show a unsafe disregard for governmental ethics, the rule of law and the long-held understanding that government officials should not use their official positions to advance partisan politics".
Kerner wrote that OSC gave Conway "multiple opportunities to come into compliance with the Hatch Act" but Conway "ignored" the requests. Sebelius acknowledged her remarks were a "mistake" and she was not removed from her position due to the violation.
White House Counsel, Kellyanne Conway appears on a morning television show, from the North Lawn of the White House on August 17, 2018 in Washington, DC. "That's the expectation that people have when you make a mistake, particularly in a situation like this".
Kerner also explained that there is a specific Hatch Act unit in the OSC, which is an independent watchdog agency.
According to the complaint, Solis "left a voicemail message on a subordinate employee's government-issued Blackberry in which you asked the employee to contribute toward and assist with organizing others to attend a fundraiser for the President's reelection campaign". That decision is up to Trump, who has expressed nothing but support for Conway.
The OSC, which is not affiliated with the Justice Department's special counsel's office, investigated Conway's statements and interviews regarding the 2020 election.
He called the accusations outrageous and unprecedented and said they weren't applied evenly across Democratic and Republican presidencies. "If Ms. Conway were any other federal employee, her multiple violations of the law would nearly certainly result in removal from her position by the Merit Systems Protection Board".
She has remained defiant throughout the special counsel investigation and has declined to respond, the OSC's letter said.
Noah Bookbinder, the executive director at CREW, issued a statement on Thursday echoing calls for Conway be dismissed from her role. Conway is one of the most frequent officials who routinely take part in these free-for-all sessions, and she rarely holds back criticizing Democrats or any Trump political foe.
The recommendation carries no actual power to remove Conway. "Let me know when the jail sentence starts".
"He added, "[OCS's] decisions seem to be influenced by media pressure and liberal organizations, and perhaps OSC should be mindful of its own mandate to act in a fair, impartial, nonpolitical manner, and not misinterpret or weaponize the Hatch Act".
"If Ms. Conway were any other federal employee, her multiple violations of the law would nearly certainly result in her removal from her federal position", Kerner's letter said.