General Circular No. 001365

To: Heads of State Agencies and Human Resource Directors

Subject: Permissible and Prohibited Political Activities

Issue Date: September 17, 1999

 

Article 10, Section 9 of the State Constitution and Civil Service Rule 14.1(e), (f), and (g) regarding political activities govern classified employees. The purpose of this general circular is to advise state classified employees of the political activity "dos" and "don'ts".

The United States Supreme Court has recognized that the people of a state have the right to limit the political activity of its workers in order to ensure the fact of 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 the people to restrict such activity in order to avoid that appearance; that is, there are two goals of political activity restrictions. The first is to avoid the fact of support of a candidate, party, or faction. The second is to avoid the appearance of such support.

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:

  1. Serve as a poll commissioner or official watcher on behalf of a governmental entity at the polls.
  1. Publicly support or oppose issues of public debate or election other than in support or opposition to a candidate or political party.
  2. Sell services that you regularly offer or sell for fair market value to a political party, candidate, or faction.
  3. Be a member of a private organization that 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.
  4. Attend a free social function open to the public where all or any of the candidates speak or present their views to those attending.
  5. Attend an election night party that is open to the public at large.
  6. Appear in a photograph with your spouse who is a candidate for elected office.
  7. 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 State 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, whether the election is for a state, local, national, or even out-of-state office.

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:

  1. Become a candidate for nomination or election to public office.
  1. Become a member of any committee of a political party or faction.
  2. Make or solicit contributions for any political party, faction, or candidate.
  3. Take an active part in the management of the affairs of a political party, faction, candidate, or campaign.
  4. Attend any fund raising function of a political party or candidate - even if someone gives you a free ticket.
  5. Solicit votes for or against a candidate or political party.
  6. Publicly announce, whether in writing or otherwise, support or opposition to a candidate or political party.
  7. Address or distribute campaign material for or against a candidate or political party.
  8. Contribute time or property in support or opposition to a candidate or political party.
  9. Display a bumper sticker on the automobile you drive in support or opposition to a candidate or political party.
  10. Place a sign on your property supporting or opposing a candidate or political party.
  11. Contribute a loan money in support or opposition to a candidate or political party.
  12. Vote at the caucus or convention of a political party, candidate, or faction.
  13. 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.

These political activity restrictions do not apply to the spouse of a state classified employee. For example, that spouse may place a sign supporting a candidate in the yard of the home shared with the classified employee so long as it is the true expression of the spouse. Similarly, the spouse may place a political bumper sticker on the automobile usually operated by the spouse even though the classified employee may sometimes appear in that automobile. The goal of avoiding the appearance of support by the classified employee should be kept in mind.

It sometimes occurs that the spouse of the classified employee may become a candidate for election to public office. In such case, the fact of support is taken for granted. Not everyone, however, may know that the classified employee is the spouse of the candidate such that the goal of avoiding the appearance of support by a classified employee may be offended. An example of this would be the appearance on a daily basis in the parking lot of the food stamp office of an automobile displaying support for the candidacy of the spouse of the employee who drives the car to work each day. There are, however, a great many activities in which a classified spouse may engage in support of the candidate spouse without offending the goals of the political activity restrictions. If your spouse is a candidate, please contact the Department of State Civil Service so that this issue may be discussed in detail.

Violations of political activity restrictions should be reported to the Personnel Management Division, Department of State Civil Service, P.O. Box 94111, Baton Rouge, LA 70804-9111. 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, and the complainant should provide as many details - including dates - as he or she knows.

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, P.O. Box 94111, Baton Rouge, LA 70804-9111 or by phone at (225) 342-8274.

Sincerely,

 

 

 

 

Allen H. Reynolds

Director