General
Circular No. 001200
To: Heads of State Agencies and Human
Resource
Directors
Subject: Permissible And Prohibited Political
Activities
Issue
Date: July 27, 1995
State
Classified employees are governed by Article 10, Section
9 of
the State Constitution and Civil Service Rule 14.1 (e),
(f) and
(g) regarding political activities. The
purpose of
this
general circular is to advise State Classified employees
of the
political activity dos and don'ts.
The
following activities that Classified employees may engage
in are
not considered prohibited political activities. We must
caution
you, however, that where there is a question, you
should
call and consult with the Personnel Management Division
of the
Department of State Civil Service.
You
may:
a. Serve as a poll commissioner or official
watcher on behalf
of a governmental entity at the polls.
b. Publicly support or oppose issues involving
bonded
indebtedness, tax referenda, or
constitutional amendments.
c. Publicly support or oppose other issues of
public debate
other than in support or opposition to a
candidate or
political party.
d. Sell your services for fair market value to
a political
party, candidate, or faction.
e. Be a member of a private organization which
may, under
certain circumstances, endorse a
candidate for public
office just so long as the primary
purpose of the
organization is other than the support or
opposition of
candidates, political parties or
factions. However, when
the organization does support or oppose a
candidate or a
party, you may not take an active part in
the management
of the affairs of the organization.
f. Attend a free social function open to the
public where all
or any of the candidates speak or present
their views to
those attending.
g. Attend an election night party that is open
to the public
at large.
h. Appear in a photograph with your spouse who
is a candidate
for elected office.
i. Serve as 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 by soliciting campaign
contributions or
other political activities.
State
Classified employees may not engage in certain political
activities. Where a violation of political activity
restrictions
occurs, the Department of Civil Service will cause
the
violator to be brought before the State Civil Service
Commission
for Investigation by Public Hearing.
The State
Civil
Service Commission has the authority to order a
disciplinary
action up to and including termination from the
State
Classified service.
Prohibited
political activity is defined generally as any
effort
to support or oppose a candidate for election or a
political
party in an election.
As a
result of the prohibitions contained in the State
Constitution,
you cannot be forced to engage in the following
acts
either directly or indirectly, through your spouse or
another
person.
You may
not:
a. Become a candidate for nomination or
election to public
office.
b. Become a member of any committee of a
political party or
faction.
c. Make or solicit contributions for any
political party,
faction, or candidate.
d. Take an active part in the management of
the affairs of a
political party, faction, candidate, or
campaign.
e. Attend any fund raising function of a
political party or
candidate even if someone gives you a
free ticket.
f. Solicit votes for or against a candidate or
political
party.
g. Publicly announce, whether in writing or
otherwise,
support or opposition to a candidate or
political party.
h. Address or distribute campaign material for
or against a
candidate or political party.
i. Contribute time or property in support or
opposition to a
candidate or political party.
j. Display a bumper sticker on the automobile
you drive in
support or opposition to a candidate or
political party.
k. Place a sign on your property supporting or
opposing a
candidate or political party.
l. Contribute or loan money in support or
opposition to a
candidate or political party.
m. Vote at the caucus or convention of a
political party,
candidate, or faction.
n. Wear or display tee shirts, hats, or other
political
material in support or opposition to a candidate
or
political party.
The
State Constitution further prohibits any person, whether a
classified
employee or not, from soliciting contributions for
political
purposes from you. Also, the
Constitution prohibits
any
official in the State government from seeking to coerce you
into
engaging in political activity.
Violations
of political activity restrictions should be
reported
to the Personnel Management Division, Department of
Civil
Service, P. O. Box 94111, Baton Rouge, LA 70804-9411.
Such
violations should be made in writing, but the name of the
person
making the report need not be identified.
Witnesses to
the
violations should be identified.
If you
still have questions about what political activities you
may or
may not be involved in as a State Classified employee,
contact
your Human Resource Director, or the Department of
State
Civil Service, Post Office Box 94111, Baton Rouge, LA
70804-9111
or by phone at Area Code 504, calling number 342-8274 or LINC 421-8274.
Sincerely,
Herbert
L. Sumrall
Director