: Louisiana Department of Civil Service :


	Other Civil Service Information Do's And Don'ts Of Political Activity What is prohibited political activity? Employees wishing to understand the reasons why state employees are prohibited from participating in political activity are urged to read the short “History of Civil Service”. Any effort by a classified state employee to support or oppose a candidate or political party in an election, whether at the national, state, local, or even out-of-state level. A classified state employee must avoid the ACTUAL support of a candidate, party, or faction and avoid the APPEARANCE of giving such support. As a result of the prohibitions one cannot be forced to engage in such activity either directly or indirectly, through one’s spouse or another person. To whom do these prohibitions apply? They apply to all current classified employees, including those on approved leave with or without pay. Classified employees who are on leave without pay to serve in an unclassified job. Restrictions do not apply to unclassified employees except in those unusual cases where the Civil Service Commission has authorized, under Rule 4.1(d) 2, some positions in the unclassified service, and made the incumbents subject to these prohibitions as a condition of approval. What legal authority governs such prohibitions? Article 10, Section 9 of the State Constitution and Civil Service Rules 14.1(e), (f), and (g). The United States Supreme Court has recognized that a state has the right to limit the political activity of its workers to ensure the enforcement and application of laws for the common good and not for the good of one candidate or political party. The Supreme Court has also recognized the right of a state to restrict such activity in order to avoid the appearance of such support. What can happen to a classified employee if he violates these restrictions? If the Department of State Civil Service finds that a violation of political activity restrictions has occurred, corrective action will be taken. Corrective action may range from issuing a letter of admonishment to bringing the violator before the State Civil Service Commission for investigation by public hearing. The Commission has the authority to order disciplinary action up to and including termination from the classified state service. How can one report political activity violations? May be reported to the Department of State Civil Service, Accountability Division, P.O. Box 94111 , Baton Rouge , LA 70804 -9111. Such reports should be made in writing, but the name of the person making the report need not be given. Provide as many details as you know, including names, dates, places, witnesses, how to contact witnesses, and other relevant facts. Classified employees MAY do the following: Serve as a poll commissioner or official watcher at the polls. Publicly support or oppose issues of public debate or election other than in support of or opposition to a candidate or political party or faction. Attend a free function open to the public where any or all of the candidates may speak or present their views. Be a member of a private organization that may, under certain circumstances, endorse a candidate for public office, so long as the primary purpose of the organization is not the support of or opposition to candidates, political parties, or factions. However, when the organization does support or oppose a candidate, party, or faction, you may NOT take an active part in the management of the affairs of the organization even in matters not related to that support or opposition. Sign a recall petition, as long as it is done on the employee’s own time using the employee’s own resources, and as long as the employee does not take active part in the recall effort by circulating the petition by mail or electronic means, asking others to sign, manning a booth or table collecting such signatures, etc. Classified employees shall NOT do the following: Become a candidate for nomination or election to public office. Become a member of any committee of a political party or faction. Make or solicit contributions for any candidate or political party or faction. Take an active part in the management of the affairs of a political party, faction or campaign Attend any fund raising function of a candidate or political party or faction even if someone gives you a free ticket. A function will be considered a fundraiser if it is advertised that anything - including food - will be sold at the function - even if you do not plan to buy anything. Solicit votes for or against a candidate or political party or faction. Publicly announce, in writing or otherwise, support of or opposition to a candidate or political party or faction. Prepare or distribute campaign material for or against a candidate or political party or faction. Contribute or volunteer time, effort, property, or any other thing of value in support of or opposition to a candidate or political party or faction. Display a bumper sticker on the vehicle you drive in support of or opposition to a candidate or political party or faction. Place a sign on your property supporting or opposing a candidate or political party or faction or allow anyone else to do so, unless it is your spouse or someone other co-owner who is not a classified employee. Contribute or loan money in support of or opposition to a candidate or political party or faction. Vote at the caucus or convention of a candidate or political party or faction. Wear, use, display, or distribute T-shirts, hats, stickers, pins, fans, water bottles, or any other material in support of or opposition to a candidate or political party or faction. NOTE: The State Constitution further prohibits any person, whether a classified employee or not, from soliciting contributions from you for political purposes. The Constitution also prohibits any official in the state government from seeking to coerce you into engaging in political activity. DO’S AND DON’T’S FOR SPOUSES OF CANDIDATES: Sometimes the spouse of the classified employee is a candidate for election to public office. In such case, the fact of support is taken for granted by people who know about the spousal relationship. Not everyone, however, may know that the classified employee is the spouse of the candidate, so the goal of avoiding the appearance of support by a classified employee may be offended. There are many activities in which a classified spouse may engage to support the candidate spouse without offending the goals of the political activity restrictions. A spouse of a candidate may: Appear in a photograph with your spouse who is a candidate for elected office. Serve as a host or hostess at your home when your spouse who is a candidate for election has a party at your home in support of your spouse's candidacy, but you may not take an active part in soliciting campaign contributions. Attend a fundraiser or other political or social event with your spouse, and support the campaign—short of soliciting contributions—while there. Allow community funds to be used to support the campaign. A spouse of a candidate may not: Place a bumper sticker supporting your spouse on the vehicle that you usually drive. Wear, use, display, or distribute fliers, handbills, tee shirts, hats, stickers, pins, fans, water bottles, or any other material supporting your spouse, unless you are with your spouse at a political or social event. Solicit contributions, whether you are with your spouse or not. Personally sell anything—including food—at any function that supports your spouse’s campaign. Participate in any activity supporting your spouse’s campaign while at work or on duty. If clarification or questions arise regarding this topic consult with your HR office for information. General Contact Information: Questions about political activity may be directed to your Human Resources Office, or the Department of State Civil Service, P.O. Box 94111, Baton Rouge, LA 70804-9111 or by phone at (225) 219-9437.