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