Political Prohibitions Poster
A word about Political Prohibitions under the
Louisiana Municipal Fire and Police Civil Service Law.
There appears to be a growing trend lately within
the Municipal Fire and Police Civil Service System in which employees
of the classified service may incorrectly believe that engaging in
otherwise prohibited political activities may be acceptable when
the activities are considered to be on behalf of an organized group
of classified employees.
Some may point to the decision of the Fourth Circuit
Court of Appeal of Louisiana under Canatella v. Department
of Civil Service (592 So2d 1374 (La.App. 4 Cir. 1992)
as support for engaging in such political activity. However, in a
recent decision, the United States Court of Appeals for the Fifth
District upheld the appointing authority's action to terminate the
employment of five police officers with the Kenner Police Department
for violation of political prohibitions. The police officers, each
officers of a local police association, were determined to have communicated
the association's endorsement of and support for a political candidate.
The Office of State Examiner strongly urges classified
employees against any and all activities which may be construed,
in any way, to be in violation of political prohibitions. We recommend
that unions or associations having classified members, or classified
employees who may be called upon to represent their organizations
in support of political candidates, may wish to consider seeking
legal counsel prior to engaging in such activities.
We wish to remind all classified employees that the only penalty
for participating in political activity is termination.
POLITICAL
ACTIVITY RESTRICTED BY
MUNICIPAL
FIRE AND POLICE CIVIL SERVICE LAW
Warning To Classified
Employees Of The Fire And Police Departments
And To Members Of
The Fire and Police Civil Service Boards
EMPLOYEE DEFINED
An employee, as referred to in this bulletin, is any
person holding a job or position in the classified service of the Fire
or Police Department by emergency, provisional, substitute, probationary,
or permanent appointment. Such person is an employee and his
political activity is regulated: (1) While he is on active duty
or while off duty. (2) While on annual or sick leave. (3)
While on educational, military, maternity, civil, emergency, or compensatory
leave. (4) While on leave of absence of any type, with or
without pay. (5) While off duty during a holiday. (6) While
under suspension without pay.
SPECIFIC PROHIBITIONS IN THE LAW REGULATING POLITICAL ACTIVITY ON THE PART OF EMPLOYEES
Directly or indirectly paying or promising to pay
any assessment, subscription or contribution for any political organization
or purpose.
Soliciting or taking any part in soliciting any assessment,
subscription, or contribution for any political organization or purpose.
Being a member of any national, state, or local committee
of a political party.
Being an officer or member of any factional political
club or organization.
Being a candidate for nomination or election to any
public office.
Making any political speech or public political statement
on behalf of any candidate, faction, or party as a part of any political
campaign for the nomination or election of public officers.
TAKING PART IN THE MANAGEMENT OR AFFAIRS OF ANY POLITICAL
PARTY OR IN THE POLITICAL CAMPAIGN OF ANY CANDIDATE FOR PUBLIC OFFICE,
EXCEPT TO PRIVATELY EXPRESS HIS OPINION AND TO CAST HIS VOTE.
COERCION OR INTIMIDATION OF EMPLOYEES PROHIBITED BY THE FIRE AND POLICE CIVIL SERVICE LAW
No appointing authority or agent or deputy thereof
or supervisor of any employee shall directly or indirectly demote,
suspend, discharge, or otherwise discipline any person in the classified
service for the purpose of influencing his vote, support, or other
political activity in any election or primary election; and no appointing
authority or agent or deputy thereof shall use his political authority
or influence, by threats, promises, or other means, directly or indirectly,
to punish or coerce the political action of any employee in the classified
service.
OTHER PROHIBITIONS IN THE FIRE AND POLICE CIVIL SERVICE LAW AFFECTING PERSONS NOT NECESSARILY EMPLOYEES
No person shall be appointed or promoted to or demoted
or dismissed from any position in the classified service, or in any
way favored or discriminated against with respect to his political
or religious opinions or affiliations.
No person shall commit or attempt to commit any fraud
preventing the impartial execution of the civil service law.
No person shall solicit any assessment, subscription,
or contribution of any employee in the classified service.
No person shall, directly or indirectly, give, render,
pay, offer, solicit, or accept any money, service, or other valuable
consideration for or on account of any appointment, proposed appointment,
promotion, or proposed promotion to, or any advantage in, a position
in the classified service.
PENALTIES FOR VIOLATION OF FIRE AND POLICE CIVIL SERVICE LAW
Whoever willfully violates any provision of this
law or of the rules shall be fined not more than five hundred dollars
and shall, for a period of six years, be ineligible for appointment
to or employment in any position of the classified service. If
he is an officer or employee of the classified service he shall forfeit
his office or position.
COMMENT BY STATE EXAMINER
The State Examiner will not attempt to define all
conduct constituting violations of the civil service law relating
to prohibited political activity. It is the function of the
local civil service board to determine violations. However,
the State Examiner's Office continuously receives questions requesting
interpretations of the political activity restrictions placed on
classified employees. Some of the more frequently asked questions
are listed below. For ease of reference we have divided these
into two columns. Answers to the questions in the left-hand
column would be "No." This type of activity would be prohibited
under existing restrictions. Answers to the questions in the
right-hand column would be "Yes." Such activity has not been
interpreted as contrary to political activity restrictions.
|
NO
|
YES
|
|
May I wear a badge, button, T-shirt, or other
item of clothing printed as a vote solicitation for
a candidate, faction, or party? NO
May I display a political sticker on my personal
vehicle? NO
May I accompany a candidate door to door
to solicit voter support? NO
May I store, distribute, or transport political
literature, posters, or other political data? NO
May I post political signs, pictures, or
ads in public places, or display them in my home, yard, office,
or elsewhere? NO
May my photograph be used, either individually
or in a group, in campaign literature or ads? NO
May I distribute, sell, or solicit the sale
of tickets to a political function or encourage attendance
at such functions? NO
May I purchase a ticket for a function for
a political candidate or may I attend such a function if
someone gives me a free ticket? NO
May I sign a petition to have a person's
name added to a ballot for an elected public office? NO
May I work at campaign headquarters, address
campaign literature or envelopes, plan or arrange for a political
rally or meeting, act as a driver or chauffeur for a candidate
in an election campaign, or otherwise assist in a campaign? NO
May I sponsor a political function or any
type of political meeting for a candidate or party in my
home? NO
May I solicit votes or support for a candidate
or party by any means or communication? NO
May I contribute a vehicle or money to promote
transportation of voters to the polls? NO
The
above restrictions would still apply even if the candidate
for public office is the classified employee's spouse.
|
May I designate $1.00 on my federal income
tax return to a presidential campaign? YES
May my spouse place political bumper stickers
on his/her personal vehicle? (YES, Provided you do not drive the
vehicle.)
May my spouse place political signs, pictures,
or ads in our home, yard, or at other domiciles or places
of business owned jointly by both of us? YES
May I be a member of an association which
occasionally lobbies to get certain legislation approved?
(YES, Provided the
legislation is not such that would support or endorse any
candidate)
May I participate as a member of a group
hired to perform at a political function? (YES, Provided the group's fees have
not been reduced or waived for political reasons.)
May I introduce political candidates at a
function at which all candidates will speak? YES
May I actively support a school bond issue
or other non-candidate election? YES
May I attend a political rally that is free
and open to the public? YES
May I sign a recall petition? (YES, However, you are prohibited from soliciting signatures
for the petition.)
Please
take special note of all parenthesized exceptions above.
|
The examples listed on this page are merely illustrations. They
do not include all possible violations. When an employee is
in doubt as to the propriety of his action he should refrain therefrom. Attention
is again specifically called to the following provisions of the law: "NO
EMPLOYEE IN THE CLASSIFIED SERVICE SHALL ---- TAKE PART IN THE MANAGEMENT
OR AFFAIRS OF ANY CANDIDATE FOR PUBLIC OFFICE, EXCEPT TO PRIVATELY
EXPRESS HIS OPINION AND TO CAST HIS VOTE." Article X, Section 20
of the Constitution of the State of Louisiana and Revised Statutes 33:2504
and 33:2564.
ISSUED BY:
STATE EXAMINER
MUNICIPAL FIRE AND POLICE CIVIL SERVICE,
BATON ROUGE, LOUISIANA
Date this page was last updated:
Tuesday, May 29, 2001 02:30 PM
|
