Political Prohibitions Poster

Political Prohibitions Poster

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.

Warning To Classified Employees Of The Fire And Police Departments

And To Members Of The Fire and Police Civil Service Boards

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.

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.

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.

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.

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.

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.