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The Governor’s Office of Employee Relations issued a memorandum
revisiting the state’s policy regarding the need to separate
political campaign activities by state employees from the conduct
of official state business.
While employees are not discouraged from participating in the
political campaign process, they must keep their political
campaign activities separate from the discharge of their duties as
state employees. For the purposes of these guidelines, “political
campaign activities” include any act, activity, or event designed
to communicate a political endorsement, urge voters to vote for a
particular candidate, support a political party, or raise funds
for a political candidate or party.
Political campaign activities—such as campaigning, coordinating
volunteers, and soliciting or receiving campaign contributions—are
not within the scope of the official duties of executive branch
employees and they may not conduct campaign activities on state
time. Performing political campaign activities on state time may
subject employees to criminal prosecution and the loss of
employment.
In addition, and in furtherance of the Governor’s Executive Order
Number 7, all state vehicles, offices, equipment, and resources,
including telephones, computers, fax machines, office supplies,
postage, photocopying machines, and support staff assistance, are
the property of the state, and employees may not use that property
for assistance for political campaign activities. In those limited
circumstances where employees are permitted personal use of state
property—for example, vehicles assigned to individuals for both
business and personal use—employees must make an appropriate
accounting of the use of that property for political campaign
activity.
Employees are also reminded that they are prohibited from engaging
in the political activities stated in Section 74 of the Public
Officers Law, Section 107 of the Civil Service Law, and Sections
17–156 of the Election Law.
Section 74 of the Public Officers Law states a Code of Ethics for
state employees. Information on the restrictions that Section 74
places on political activities of state employees may be found on
the New York State Web site.
Section 107 of the Civil Service Law protects state civil service
employees from discriminatory practices based on political
affiliations. Under this provision, covered individuals may not be
asked to reveal their political affiliations or opinions in order
to determine fitness for office. In addition, the appointment
selection, or removal of civil service employees to or from state
employment may not be affected or influenced by political opinions
or affiliations. Section 107 further prohibits state employees
from using their official positions to compel state employees to
give political contributions and from using state offices to
collect such contributions. Finally, Section 107 prohibits state
employees from using or promising to use their official authority
to coerce or persuade the vote or political action of any
individual.
Section 17–156 of the Election Law similarly prohibits those who
hold or are seeking public office from corruptly using or
promising to use, directly or indirectly, any official authority
to aid any person in securing public employment in return for the
political vote or influence of that person. In addition, public
employees may not accept or request the payment or contribution of
any valuable consideration in return for a promise of a public
appointment.
In addition, the federal “Hatch Act,” 15 USC § 1501, et seq.,
applies to any state employee whose principal employment is in
connection with an activity financed in whole or in part by
federal loans or grants. State employees subject to the provisions
of the Hatch Act may not: (1) be candidates for elective office;
(2) use official authority or influence for the purpose of
interfering with or affecting the results of an election or a
nomination for office; or (3) directly or indirectly coerce,
attempt to coerce, command, or advise a state or local officer or
employee to pay, lend, or contribute anything of value to a party,
committee, organization, agency, or person for political purposes.
Questions on the above may be referred to Susan Earshen,
associate vice president
of human resource management, at ext. 3042.
Source: The Bulletin, Vol. 54, No. 3, September 4, 2008
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