HomeMy WebLinkAboutIR 7405 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7405
Opp To the Mayor and Members of the City Council August 29, 1989
Subject:
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,PAYROL„ �D l TItiN FOR POLITICAL OMMITTEE -
RE�UE FROM FORT WORTff-P=E�-OFFI�ICERS�AS�IA�'�TION
BACKGROUND
The Fort Worth Police Officers Association recently requested that the
City, through payroll deduction, deduct voluntary contributions to their
Political Action Committee (PAC) . No official letter was received ini-
tially. Beginning in April , several "Deduction Authorization Cards" were
received in the Personnel Department and were processed as "dues". In
June, more than 50 Deduction Authorization Cards were received marked
"FWPOA PAC". These cards were held by the Compensation Division staff
since this type of deduction had not been approved. In subsequent conver-
sations with Mr. David Manning, President of the FWPOA, and after confer-
ring with the City Manager's Office, Personnel Director Charlie Shapard
notified Mr. Manning that his request had been denied. Mr. Manning said
he had no other choice than to go a different route.
The Association had previously requested the Compensation Division to de-
duct separately for the PAC contributions and was told that the City could
not deduct for legal reasons and because of limitations on the number of
deduction slots available on the payroll system; the police officers al-
ready use four of the 44 slots available (FWPOA dues, CLEAT dues, TMPA
dues, and Police Benevolent Fund) . Upon denial , the FWPOA worked out an
arrangement with the Credit Union, whereby individuals could, through
their Credit Union deduction, donate money to their PAC. It is my under-
standing that this arrangement is still available to Association members
who are Credit Union members.
The most recent denial was based on management's concern about: 1) the ap-
propriateness and desirability of such a practice; and 2) the potential
violation of the federal Hatch Act, which prohibits certain political ac-
tivity by employees who hold positions in activities, directly or indi-
rectly, funded by the federal government.
LEGAL CONSIDERATIONS
Mr. Shapard expressed concern about legal issues relating to the Hatch Act
to the City Manager in a letter that was transmitted to members of the
City Council . Mr. Shapard suggested the City seek an opinion from the
Special Counsel of the U. S. Merit System Protection Board. No action to
seek a legal opinion has been taken.
-ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
4 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7405 - p.2
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Wok To the Mayor and Members of the City Council August 29, 1989
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Subject:
PAYROLL DEDUCTION FOR POLITICAL ACTION COMMITTEE -
REQUEST FROM FORT WORTH POLICE OFFICERS ASSOCIATION
Historically in the United States, in Texas, and in Fort Worth, public em-
ployees have been subject to restraints relating to political activity.
The State Civil Service Law for Firefighters and Police Officers was
passed in 2947 for the protection of firemen and policemen from negative
aspects of political systems. Merit became the basis for personnel deci-
sions not whether a particular candidate was elected. It was an attempt
to maintain a neutral civil service. The City of Fort Worth' s original
charter approved by a vote of the citizenry had a very stringent prohibi-
tion against political activity by city employees.
Through the years, there has been a gradual liberalization of restrictions
that characterized earlier Civil Service legislation. Below is a summary
of federal , state, and local legislation which currently affects City of
Fort Worth employees.
Hatch Act: The Hatch Act restricts the political activity of
divers principally employed by state or local executive
agencies in connection with programs financed in whole or in
part by federal loans or grants. Whether or not the Hatch is
applicable in this situation has not been determined. (Attach-
ment A)
Chapter 243 of the State of Texas Local Government Code: Chap-
ter 143 contains the provisions of e Civil Servici— Act for
Firefighters and Police Officers. Section 243.086, Political
Activities, states that a firefighter or police officer may not
take an active part in another person's political campaign for
an elective position of the municipality while in uniform or on
active duty. The provision of the Code defines a person as tak-
ing an active part in a political campaign if the person: 1)
makes a political speech; 2) distributes a card or other po-
litical literature; 3) writes a letter; 4) signs a petition; 5)
actively and openly solicits votes; or 6) makes public de-
rogatory remarks about a candidate for an elective position of
the municipality. The City cannot restrict the political ac-
tivities of firefighter or police officers other than the
limitations in this chapter. The full text of Chapter 143 is
shown in Attachment B.
Cit Charter: The Charter provisions for limiting political ac-
tivities s were deleted in the 2982 revision, but were established
in city ordinance and can be found in Chapter 2 of the City
ISSUED BY THE CITY MANAGER FORT WORTH. TEXAS -
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7405 - p.3
NP#f;q�
��Etoxr � To the Mayor and Members of the City Council August 29, 1989
Subject:
PAYROLL DEDUCTION FOR POLITICAL ACTION COMMITTEE -
REQUEST FROM FORT WORTH POLICE OFFICERS ASSOCIATION
Code. There is one provision still in the City Code, which
states that ". . . . any appointive officer or employee of the City
who shall become a candidate for nomination or election to any
public office shall immediately forfeit the office or employment
held under the City." (Attachment C)
CitX�C�ode: Firefighters and Police Officers, because of the
limitations in the State Civil Service Law, are exempted from
the provisions of the City Code provisions limiting political
activities. Under the City Code, "No officers or employees of
the city shall , directly or indirectly, solicit or receive or be
in any manner concerned in soliciting or in receiving any as-
sessment, subscription, or contribution for any political party
or for any political purpose whatever." The full text of the
City Code provisions is included in Attachment D.
Dues Deduction: Although there is no enabling legislation, the
City of F -f-Worth voluntarily has permitted payroll deductions
for the various employee associations since the mid 1960s. A
current list of the types of deductions is shown in Attachment
E. As mentioned above, there are four deductions for Police em-
ployees other than those authorized for all city employees.
The City Manager recently granted the FWPOA an additional deduc-
tion as needed for the purpose of deducting a one-time amount
upon the death of a police officer.
Charges for Deductions: Although the City's personnel policies,
ere were in 1983, call for a service charge of $.25
per employee per pay period per deduction, the employee groups
have been charged only $.05 per deduction. The Librarians and
Police Association have not been charged a service charge since
the mid-1970s. There also are no service charges for the Police
Benevolent Fund nor the Firemen's Group Fund. The miscellaneous
insurance deductions, i .e., cancer insurance, dental insurance,
legal insurance, do pay a service charge of $35 each pay period
and $.25 per employee per pay period per deduction. (See At-
tachment F, Personnel Regulation 1-8, "Payroll Deductions.")
Dues Deductions - Other Cities: A survey of dues deductions of
other cities inside and outsi a of Texas is included as Attach-
ment G. This survey was conducted by Ann Bracey, a participant
ISSUED BY THE CITY MANAGER FORT WORTH. TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7405 - p.4
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0)?? To the Mayor and Members of the City Council August 29, 1989
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xAh Subject:
. .� PAYROLL DEDUCTION FOR POLITICAL ACTION COMMITTEE -
REQUEST FROM FORT WORTH POLICE OFFICERS ASSOCIATION
in the City's Management Rotation Program.
Political Action Committee Deduction. There also is no legal
basis for payroll deduction for the purpose of contributing to a
political action committee. Whether or not there is a violation
of the federal Hatch Act has not been determined. The City At-
torney may want to give or seek an opinion as to the legality of
permitting payroll deductions for political action committees.
In looking at the survey as it relates to payroll deductions for
the purpose of contributing to political action committees, the
prevailing practice appears to be to not allow payroll deduction
for this purpose. Only two out of 20 cities surveyed allow PAC
payroll deductions. Corpus Christi permits a PAC deduction;
this was part of a collective bargaining agreement for
firefighters. It is probable that Corpus Christi police offic-
ers also will get this privilege as part of the collective bar-
gaining process. The City of Los Angeles also allows the PAC
deduction.
THE BASIC ISSUE
Should political action deductions be sanctioned by the City government of
Fort Worth? Is this a desirable practice which should be given approval?
In my opinion, the city government should not facilitate this type of po-
litical activity. City employee groups already can participate in such
groups without special assistance through payroll deductions. Further-
more, to grant this right to the Police Association would, of course, ne-
cessitate granting similar rights to any other employee group making a
similar request. Does City Council (or the public) wish to encourage in
this manner greater political activity on the part of city employee groups
in City Council campaigns and other local political campaigns?
Before granting such a request, special thought should be given to the
consequences and implications of police officers or any other groups of
employees becoming closely identified with specific partisan political
campaigns as has been the recent trend. The public expects city employees
to provide fair and nonpartisan service to our community. Recent po-
litical campaigns involving active as well as strong endorsements of par-
ticular candidates, is creating a different impression about the neutral-
ity of the Fort Worth police function. Certainly city government should
be careful to avoid interfering with an individual employee' s right to
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7405 - R.5
M�isanr,�p To the Mayor and Members of the City Council August 29, 1989
s1..✓ys
hxA Subject:
PAYROLL DEDUCTION FOR POLITICAL ACTION COMMITTEE
REQUEST FROM FORT WORTH POLICE OFFICERS ASSOCIATION
exercise political expression. However, the city government should also
avoid creating specific mechanisms of political fund-raising through
our own city government payroll system. Therefore, I believe the essen-
tial question is whether it is appropriate to permit our city payroll sys-
tem to collect money to fund political action organizations. I recommend
rejection of this request.
RECOMMENDATION
It is recommended that the City Council reject the request of the Fort
Worth Police Officers Association to have specific dues payroll deduction
to support a Political Action Committee.
If additional information is desired, it will be furnished upon request.
Doug s Harman
City Manager
DH:kc
Attachments
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS ---
opbl LIST OF ATTACHMENTS
A) Chapter 15, United States Code. Political Activity of Certain State and
Local Employees (Hatch Act)
8) Chapter 143 of the State of Texas Local Government Code
C) City Charter Provisions
D) City Code Provisions
E) Printout of Dues Deductions
F) Personnel Rules and Regulations, Section I-8, "Payroll Deductions"
OPOI G) Survey of Cities Relating to Payroll Deductions
H) Memorandum from Personnel Director Charlie Shapard to City Manager Douglas
Harman
Tithe 5. United States Code
10 Chapter 15—Political Activity of Certain f 1502. influencing elections;taking part in
State and local Employees political campaigns;prohibitions;
exceptions
Sec. (a) A State or local officer or employee may not--
1501. Definitions. (1) use his official authority or influence for the
purpose of interfering with or affecting the result
1502. Influencing elections;taking part in political of an election or a nomination for office;
campaigns;prohibitions=exceptions. (2) directly or indirectly coerce,attempt to
1503. Nonpartisan candidacies permitted.
1504. Investigations;notice of hearing, coerce,command,or advise a State or local officer
1505. Hearings;adjudications;notice of or employee to pay,lend,or contribute anything
of value to a party,committee,organization,
determinations.
1506. Orden;withholding loans or grants; agency,or person for political purposes;or
limitations. (3) be a candidate for elective office.
1507. Subpsnas and depositions. (b) A State or local officer or employee retains the
1508. Judicial review. right to vote as he chooses and to express his opinions
on political subjects and candidates.
I 1 501. Definitions (c) Subsection(a)(3)of this section does not apply
For the purpose of this chapter-- to—
(1) "State"means a State or territory or (1) the Governor or Lieutenant Governor of a
possession of the United States; State or an individual authorized by law to act as
(2) "State or local agency"means the executive Governor;
branch of a State,municipality,or other political (2) the mayor of a city;
subdivision of a State,or an agency or (3) a duly elected head of an executive
department thereof; department of a State or municipality who is not
(3) "Federal agency"means an Executive classified under a State or municipal merit or civil
agency or other agency of the United States,but service system;or
does not include a member bank of the Federal (4) an individual holding elective office.
Reserve System;and f 1503. Nonpartisan candidacies permitted
(4) "State or local officer or employs*"means Section 1502(a)(3)of this title does not prohibit any
an Individual employed by a State or local agency State or local officer or employee from being a
whose principal employment is in connection with candidate in any election if none of the candidates is to
an activity which is financed in whole or in part be nominated or elected at such election as
by loans or grants made by the United States or a representing a party any of whose candidates for
Federal agency,but does not include— Presidential elector received votes in the last preceding
(A) an individual who exercises no functions election at which Presidential electors were selected.
In connection with that activity;or
(B) an individual employed by an f 1504. Investigations;notice of hearing
educational or research Institution, When a Federal agency charged with the duty of
establishment,agency,or system which Is making a loan or grant of funds of the United States for
supported in whole or in part by a State use In an activity by a State or local officer or employs*
or political subdivision thereof,or by a has reason to believe that the officer or employee has
recognized religious,philanthropic,or cultural violated section 1502 of this title,it shall report the
organization. matter to the Special Counsel.On receipt of the report or on receipt of other information which seems to the
Special Counsel to warrant on Investigation,the Special
Counsel shall investigate the report and such other
information and present his findings and any charges
/4 4+a�� At
i
AON
based on such findings to the Merit Systems Protection the Board shall make and certify to the appropriate
Board,which shall— Federal agency an order requiring that agency to
(1) fix a time and place for a hearing;and withhold from Its loans or grants to the State or local
(2) send,by registered or certified mail,to the agency to which notice was given an amount equal to
officer or employee charged with the violation and 2 years'pay at the rate the officer or employee was
to the State or local agency employing him a receiving at the time of the violation.When the State or
notice setting forth a summary of the alleged local agency to which appointment within 18 months
violation and giving the time and place of the after removal has been made is one that receives loans
hearing. or grants from a Federal agency,the Board order shall
The hearing may not be held earlier than 10 days after direct that the withholding be made from that State or
the mailing of the notice, local agency.
+� 1505 Hearings;adjudications;notice of (b) Notice of the order shall be sent by registered or
determinations certified mail to the State or local agency from which
Either the State or local officer or employee or the the amount is ordered to be withheld.After the order
State or local agency employing him,or both,are becomes final,the Federal agency to which the order is
entitled to appear with counsel at the hearing under certified shall withhold the amount In accordance with
section 1504 of this title,and be heard.After this the terms of the order.Except as provided by section
hearing,the Merit Systems Protection Board shall— 1508 of this title,a determination or order of the Board
(1) determine whether a violation of section becomes final at.the end of 30 days after mailing the
1502 of this title has occurred; notice of the determination or order.
(2) determine whether the violation warrants (c) The Board may not require an amount to be with-
the removal of the officer or employee from his held from a loan or grant pledged by a State or local
office or employment;and agency as security for Its bonds or notes if the withhold-
(3) notify the officer or employee and the ing of that amount would jeopardize the payment of
agency of the determination by registered or the principal or interest on the bonds or notes.
certified mail. ; 1507. Subpenas and depositions
1508 Orders;withholding loans or grants; (a) The Merit Systems Protection Board may require
limitations by subpena the attendance and testimony of witnesses
(a) When the Merit Systems Protection Board finds— and the production of documentary evidence relating
(1) that a State or local officer or employee has to any matter before it as a result of this chapter.Any
not been removed from his office or employment member of the Board may sign subpenas,and
within 30 days after notice of a determination by members of the Board and its examiners when
the Board that he violated section 1502 of this authorized by the Board may administer oaths,
title and that the violation warrants removal;or examine witnesses,and receive evidence.The
(2) that the State or local officer or employee attendance of witnesses and the production of
has been removed and has been appointed within documentary evidence may be required from any place
IS months after his removal to an office or In the United States at the designated place of hearing.
employment in the some State in a State or local In case of disobedience to a subpena,the Board may
agency which does not receive loans or grants invoke the old of a court of the United States in
requiring the attendance and testimony of witnesses
from a Federal agency; and the production of documentary evidence.In case
of contumacy or refusal to obey a subpena issued to a
person,the United States District Court within whose
Jurisdiction the Inquiry is carried on may issue an order
requiring him to appear before the Board,or to
produce documentary evidence if so ordered,or to give
evidence concerning the matter in question;and any
12 failure to obey the order of the court may be punished A copy of the petition shall immediately be served on
by the court as a contempt thereof. the Board,and thereupon the Board shall certify and
(b) The Board may order testimony to be taken by file in the court a transcript of the record on which the
deposition at any stage of a proceeding or determination or order was made.The court shall
investigation before it as a result of this chapter. review the entire record including questions of fact and
Depositions may be taken before an individual questions of low.if application is made to the court for
designated by the Board and having the power to leave to adduce additional evidence,and it is shown
administer oaths.Testimony shall be reduced to writing to the satisfaction of the court that the additional
by the individual taking the deposition,or under his evidence may materially affect the result of the
direction,and shall be subscribed by the deponent.Any proceedings and that there were reasonable grounds
person may be compelled to appear and depose and for failure to adduce this evidence in the hearing
to produce documentary evidence before the Board as before the Board,the court may direct that the
provided by this section. additional evidence be taken before the Board in the
(c) A person may not be excused from attending and manner and on the terms and conditions fixed by the
testifying or from producing documentary evidence or court.The Board may modify its findings of fact or its
in obedience to a subpeno on the ground that the determination or order in view of the additional
testimony or evidence,documentary or otherwise, evidence and shall file with the court the modified
required of him may tend to Incriminate him or subject findings,determination,or order;and the modified
him to a penalty or forteiture for or ww account of any findings of fact,if supported by substantial evidence,
transaction,matter,or thing concerning which he is are conclusive.The court shall affirm the determination
compelled to testfiy,or produce evidence,documentary or order,or the modified determination or order,if the
or otherwise,before the Board In obedience to a court determines that it is in accordance with low.If
subpena issued by it.A person so testifying is not the court determines that the determination or order,or
exempt from prosecution and punishment for perjury the modified determination or order,is not in
committed in so testifying. accordance with low,the court shall remand the
f 1508. Judicial review proceeding to the Board with directions either to make
A party aggrieved by a determination or order of a determination or order determined by the court to be
the Merit Systems Protection Board under section 1504, lawful or to take such further proceedings as,in the
1505,or 1506 of this title may,within 30 days after the opinion of the court,the low requires.The judgment
mailing of notice of the determination or order, and decree of the court are final,subject to review by
Institute proceedings for review thereof by filing a the appropriate United States Court of Appeals as in
petition in the United States District Court for the district other cases,and the judgment and decree of the court
of appeals are final,subject to review by the Supreme
In which the State or local officer or employee resides. Court of the United States on certiorari or certification
The institution of the proceedings Boas not operate as as provided by section 1254 of title 28.If a provision
a stay of the determination or order unless— of this section is held to be invalid as applied to a party
(1) the court specifically orders a stay;and by a determination or order of the Board,the
(2) the officer or employee is suspended from determination or order becomes final and effective as
his office or employment while the proceedings to that party as if the provision had not been enacted.
are pending.
'� U.S. GOVER*1ENT PRINTING OFFICE : 1988 - 213-503
290 Tex. Firemen's &Policemen's Civil Service
three years, the person shall be dropped from the list but shall
be restored to the list at the request of the commission. (Revi-
sion of V.A.C.S. art. 1269m. sec. 21.) Aft1k
Sec. 243.086.Political Activities. (a) While in uniform or
on active duty, a fire fighter or police officer may not take an
active part in another person's political campaign for an elective
position of the municipality.
(b) For the purposes of this section, a person takes an
active part in a political campaign if the person:
(1) makes a political speech;
(2) distributes a card or other political literature;
(3) writes a letter,
(4) signs a petition-,
(5) actively and openly solicits votes; or
(6) makes public derogatory remarks about a candi-
date for an elective position of the municipality.
(c) A fire fighter or police officer may not be required to
contribute to a political fund or to render a political service to
a person or party. A fire fighter or police officer may not be
removed, reduced in classification or salary, or otherwise pre-
judiced for refusing to contribute to a political fund or to render
a political service.
(d) A municipal official who attempts to violate Subsec-
tion (c) violates this chapter.
(e) Except as expressly provided by this section,the com-
mission or the municipality's governing body may not restrict a
fire fighter's or police officer's right to engage in a political
activity. (Revision of V.A.C.S. art. 1269m, sec. 22 (part).) Aft�
Sec. 143.087. Strike Prohibition. (a) A fire fighter or po-
lice officer may not engage in a strike against the governmental
agency that employs the fire fighter or police officer.
(b) In addition to the penalty prescribed by Section
143.016, if a fire fighter or police officer is convicted of an of-
fense for violating this section, the person shall be automatical-
ly released and discharged from the fire or police department.
After the person is discharged from the department, the person
may not receive any pay or compensation from public funds
used to support the fire or police department. (Revision of
V.A.C.S. art. 1269m, sec. 27 (part).)
Sec. 143.088. Unlawful Resignation or Retirement. (a)
This section does not apply to a municipality with a population
of 1.5 million or more.
TEX.FIREYAM 6 POLICEMEN Issue a(1997)
AW%
Ch.M,4 5 FORT WORTH CITY CODE
..........
of the proceedings of the Council, and every ordi- council;and any appointive officer or employee of
nance or resolution shall require on final passage the city who shall become a candidate for nomi-
the affirmative vote of a majority of all of the nation or election to any public office shall im-
remaining members. mediately forfeit the office or employment held
No member shall be excused from voting except under the city.
on matters involving the consideration of his own
official conduct, or where his financial interests CHAPTER IV.METHOD OF
are involved,or unless excused by the Council for NOMINATING AND ELECTING
other valid reasons by majority vote.The Council MEMBERS OF THE CITY COUNCIL
shall determine its own rules of procedure, and
may punish its members for misconduct,and may
compel the attendance of absent members. Section 1. Councilpersons;eligibility.
Section 6. Mayor pro tem;duties of. Only qualified voters under the laws of Texas,
twenty-one years of age and over, who are resi-
The city council shall elect one of its members dents of the city, shall be eligible to the office of
as mayor pro tem,who shall perform the duties of councilperson.
mayor in case of the absence or inability of the
mayor to perform the duties of his office, and Section 2. No primary election to determine
shall for the time being be vested with all the nominations;councilpersons to be
powers belonging to the mayor. In case of the selected in general election bien-
absence of both the mayor and the mayor pro nially.
tem,the remaining councilpersons shall elect one
of their members to act in the place of the mayor Primary elections to determine the selection of
or mayor pro tem. nominees for members of the city council shall
not be restored [resorted] to. There shall be but
Section 7. City secretary. one election, and that a general election, for the
purpose of selecting members of the city council,
The city council shall appoint a city secretary the same to be held biennially,on the first Satur-
and prescribe the duties and compensation of said day in April of odd-numbered years.
officer, and shall provide him with such assistance
as it may deem necessary. He shall hold office The city secretary shall make up the official
during the pleasure of the city council. During ballot from the names presented to him.The order
his term of office, the city secretary shall be a in which the names of such candidates are to
resident citizen of the City of Fort Worth. appear on the ballot shall be determined by a
drawing to be held in the office of the city secre-
Section S. Relating to city councilpersons ac- tary.The city secretary shall post a notice in his
cepting different office and provid- office, at least three(3)days prior to the date on
ing for forfeiture of offices and po- which the drawing is to be held, of the time and
sitions of aspirants for compensated place of the drawing,and shall also give personal
office, notice to any candidate who makes written re-
quest for such notice; and each candidate involved
No person elected to the city council shall,dur- in the drawing,or a representative designated by
ing the term for which he/she was elected, .be him, shall have a right to be present and observe
appointed to any office or position in the service the drawing.
of the city. If a member of the council shall be-
come a candidate for nomination or election to The candidates receiving the majority of the
any public office,other than that of councilperson, votes cast for each place shall be declared elected.
he/she shall immediately forfeit his place in the If no candidate receives a majority,or if there is a
op"
6
AMMUMA770N 12-187
the charges against the employee are sustained (b) No officers or employees of the city shall be
or not sustained, and the action which the com- ' an officer of a political party or hold'political
mission recommends concerning the employee's office during their employment.
appeal. The commission may, in its discretion, (c) Nothing contained in this section shall af-
recommend that an employee be awarded all or feet the right of employees to hold membership
part of his back pay when the commission finds in, and support, a political party, to vote as they
that such action would be appropriate in the in- choose, to express privately their opinions on all
terest of justice. political subjects and candidates, to maintain po-
i) The personnel commission may, on its own litical neutrality and to attend political meetings.
motion or on the motion of the department head, (Ord.No. 8486, § 1, 12-15-81)
division head or employee,order that the bearing
of an appeal be postponed.When the employee is See. 2-186. Unlawful acts.
notified that his appeal is set for hearing and (a) No persons shall make any false statement,
fails to appear at such hearing or request a post- certificate, mark, rating or report with regard to
ponement,the commission may dismiss the appeal. any test, certification or appointment made under
Or& No. 8923, § 1,9-20-83) any provision of this article or in any manner
Sec. 2-183. Personnel policies. commit or attempt to commit any fraud prevent-
ing the impartial execution of the provisions of
(a) The personnel director shall prepare person- this article and policies under this article.
nel policies. When approved by the city manager, (b) No person shall,directly or indirectly,give,
the policies shall be proposed to the city council, render, pay, offer, solicit or accept any money,
and the council may, by resolution, adopt them service or other valuable consideration for any
with or without amendment. The personnel poli- appointment, proposed appointment, promotion or AWN
cies shall provide for such rules, practices and proposed promotion to, or any advantage in, a
procedures as necessary for the effective adminis- position in the career service.
tration of the city's merit system.
(b) Employees may submit at any time written (c) No employee of the personnel department,
examiner or other person shall defeat,deceiver or
suggestions for amendments to the personnel pol- obstruct persons in their right to examination,
icier. Suggested amendments should be submit- eligibility, certification or appointment under this
ted to the personnel director. article or furnish to any person any special or
(Ord. No. 8486, § 1, 12-15-81) secret information for the purpose of affecting the
Sec. 2-184. Certification of payroll vouchers. rights or prospects of any person with respect to
employment in the career service.
The personnel director or his authorized repre- (d) No person shall fail or refuse to comply with
sentative shall be responsible for certifying that a subpoena issued by the personnel commission,
the persons named on payroll vouchers have been or its designated hearing officer, in conducting a
appointed and employed in accordance with the hearing on an employee appeal.
provisions of this article. (Ord. No. 8486, § 1, 12-15-81; Ord. No. 8923, § 1,
(Ord. No.8486, § 1, 12-15-81) 9.20-83)
Sec. 2-185. Political activities. Sec. 2-187. Penalties.
(a) No officers or employees of the city shall, (a) Any person who wilfully violates any provi-
directly or indirectly, solicit or receive or be in sion of this article shall be guilty of a misdemeanor
any manner concerned in soliciting or in receiv- and subject to punishment as provided in section
ing any assessment, subscription or contribution 1-6 of this Code.
for any political party or for any political purpose
whatever.
Supp.No.1
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I
CITY OF FORT WORTH PERSONNEL REGULATIONS SECTION
SUBJECT Payroll Deductions REVISION NO. New NUMBER 8
r^
EFFECTIVE DATE 3-17-87 PAGE 1 OF 3
DATE APPROVED SY CITY COUNCIL 3-17-87 APPROVED BY CITY MANAGER
1
1.0 Purpose: j
This regulation sets forth a uniform payroll deduction service as established by
the City Council.
2.0 Departments Affected:
All departments.
3.0 Policy:
Under no condition does the availability of this deduction service extend or imply
extension of recognition or granting official status of any kind to any group,
business, or organization that may qualify for the service. Deductions made are in
the nature of a courtesy to employees.
4.0 Procedures/Rules:
4.1 Deductions for which the City has a legal or moral responsibility will be
made without charge upon written request by the employee. These deductions,
as authorized by the City Council, are:
Withholding Tax
Medicare
Retirement
City-Sponsored Group Insurance
U.S. Savings Bonds
Deferred Compensation
United Way
Credit Union
Child Support Garnishment
Firemen's Group and Relief Association
Police Benevolent Association
City-sponsored Activities
4.2 Deductions for individuals' dues shall be made at no charge for membership in
those organizations which meet the following criteria:
4.2.1 Represent exclusively City of Fort Worth Employees.
4.2.2 Do not function as a lobbyist before any legislative body.
4.2.3 Have an initial enlisted membership of at least 20 Fort Worth munici-
pal employees.
4.3 Deductions shall be made for employees who individually request such deduc-
tions on forms provided by the City for that purpose and who subscribe to the
organizations meeting specifications of paragraph 4.2.
CITY OF FORT WORTH PERSONNEL REGULATIONS SECTION I
SUIjECT Payroll Deductions REVISION NO. New NUMBER S
,�- EFFECTIVE DATE 3-17-87 PAGE OF
DATE APPROVED BY CITY COUNCIL 3-17-87 APPROVED BY CITY MANAGER
4.4 Employee organizations which request authorization for payroll deduction will
be assessed an initial set-up charge of $50.00. In addition, City employees
must authorize the City to withhold a $.25 service charge from the employee's
compensation each payday for each deduction.
4.5 Insurance companies or other private businesses which request and are approv-
ed to sell their products through the payroll deduction program will be
assessed an initial set-up charge of $50.00. Additionally these firms must
agree to pay a $35.00 service fee for each pay period plus an individual ser-
vice fee of $.25 for each employee's deduction for each pay period.
4.6 Anj solicitations for which a service charge is made requires that the agent
or representative secure written approval from the Personnel Director prior
to entering any City work site and/or contacting City employees. The written
approval shall contain a written explanation of the City's policy on solici-
tations and payroll deductions. With such approval, solicitations may be made
on City property but such contacts must be scheduled with supervisors so that
no employee is solicited during his normal working hours.
4.7 Employee organizations, or other employee groups may qualify for the deduc-
tions service upon the request of at least 20 City employees. Should any
group receiving the deduction service drop below 15 City employees, that
group will be allowed 60 days to again qualify by reaching an enrollment of
--- 20 City employees. If it fails to do so, the service shall be terminated for
such group.
4.8 Insurance Companies or other private firms, after obtaining Personnel Depart-
ment approval, may qualify for the deduction service upon the request of at
least 200 City employees. Should any insurance company or private business
receiving the deduction service allow its total of employee subscribers to
fall below 150 City employees, that firm will be allowed a period of 60 days
to regain the required level of 200 employee subscribers. If the firm fails
to do so the payroll deduction service shall be terminated for that firm.
4.9 Any private firm which is approved to sell its product through the payroll
deduction program will be required to provide all customer services to the
employee subscribers. In the event a private business is eliminated from the
payroll deduction plan it shall be the responsibility of that company to con-
tact its employee subscribers and to arrange for alternate methods of
payment. Private firms must purchase standard Payroll Deduction
Authorization or Cancellation cards from the City's Office Services Section.
4.10 Any eligible employee wishing to authorize or cancel payroll deductions shall
execute as appropriate either a Payroll Deduction Authorization card or a
Payroll Deduction Cancellation card for each deduction or cancellation de-
aired. These cards constitute an agreement between the employee and the City
in which the City agrees to make or cancel certain payroll deductions under
conditions prescribe4 by the City.
r--
CITY OF FORT WORTH PERSONNEL REGULATIONS SECTION 1
SUBJECT Payroll Deductions REVISION NO. New NUMBER 8
EFFECTIVE DATE 3-17-87 PAGE 3 OF
w
SATE APPROVED BY CITY COUNCIL 3-17-87 APPROVED BY CITY MANAGER
4.11 The Personnel Department shall receive and process all signed cards
requesting either payroll deduction authorisation or cancellation from
individual employees. After processing the individual requests for i
authorisation or cancellation the Personnel Department shall place the signed I
request card in a payroll deduction file. All deduction authorisation or
cancellation requests will be made on standardised City forms.' These forms
will be made available to employees through supervisors, time and attendance
clerks, and the Personnel Department.
4.12 All deductions made by the City shall be for uniform amounts each pay period,
in order to reduce clerical and data processing machine time required to pro-
cess deductions. This shall apply to insurance premiums, organisational dues,
U.S. Savings Bonds, Deferred Compensation, United Way, Credit Union, and
other deductions.
4.13 The Personnel Department will take such action as required to advise the sev-
eral associations, organisations and individuals of their responsibilities in
complying with this regulation.
4.14 Department Heads are charged with the responsibility of informing their em-
ployees of this policy and of the individual's personal responsibility in ex-
ecuting Deduction Authorisation and Cancellation signature forms. No deduc-
tions shall be made unless specifically authorised by individual employees on i
forms provided for that purpose.
�t
5.4 Appendix/Appendices.
5.1 Payroll Deduction Authorisation card.
5.2 Payroll Deduction Cancellation card.
Appendix 5.1 Payroll Deduction Authorization card
PAYROLL DEDUCTION AUTHORIZATION
CITY OF FORT WORTH .
I hereby request the City to make the listed Payroll Deduction
each payday. I further authorize a service charge for each deduction.
NAME OF DEDUCTION:
PRINT NAME
SIGNATURE
DATE:
DEDUCTION EMPLOYEE HUMBER SERVICE TOTAL
NO. CHARGE AMOUNT
Appendix 5.2 Payroll Deduction Cancellation card
,'{!Cf Nib �, ,A"I'tt)N;f .:PA
i QI�L:D$i)II
'*t �C OF
.'V�'t .•!'-' • !.; »x ,w
� �.` ..�. r.1, ..�.:'i �.h. 1. �1•:'�, 'Yrr.d""`�• y,.'-�`} _+'•-. _
t : hereb�,r,equest the# its cont
4: t. y inue iiiP yrall Deduction tor: I
'' }}�+F:�. _ '�:• Y 7 �� Lf�'} � �..5� �rMi•'j.�J.�3yy,it�^•i•�Y`.SY'{���'�� 'i#•"•;�.;s' t�» j
•� . w .. tell Y` ..'• r rM t�• * i � S
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IICTION=�'I' Y""z' yrr'
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ale.,:"..i ��,r. .s,i+ .'►!a•; F,s y�� ,# • � 1
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�.7 : •'k1'r i i. +. _y
COLLECTIVE BARGAINING
AND
EMPLOYEE ASSOCIATION DUES/PAC CONTRIBUTIONS
SURVEY RESULTS
OUT OF STATE CITIES
CITY COLLECTIVE DUES DEDUCT CHARGES?
BARGAINING? CHECK-OFF? PAC?
Charlotte
N.C. No No No N/A
Comments: Firefighters have their own credit
union, and monies from dues MAY be channeled to their PAC. It
is difficult to be sure. North Carolina law prohibits collective
bargaining in the public sector.
Des Moines,
Ia. No Yes No N/A
Comments: Iowa state law covers all public,
state, county, etc. employees and mandates dues check-off as a
part of the contract negotiation.
Kansas City,
No. No Yes No N/A
Los Angeles,
Ca. Yes Yes Yes Yes
Comments: Only one employee association is
currently participating in dues check-off -- Engineers &
Architects. Fees for the deductions are negotiated with each
group; fees average .06 to .12 cents per employee deduction.
City works with some 45 bargaining units and 25 unions .
Miami,
Fl . No Yes No Not
currently
Comments: State of Florida requires dues check-off
be an option for all interested. - Four groups are represented in
Miami of which two use dues check-off. The other two handle
their dues collection through their private credit unions. City
formerly handled the transactions with a small fee; currently,
the fee applies to APSCHE as a part of their negotiated
agreement. Fees for APSCHE are .10 cents per change and .02
cents per employee transaction.
/A 4MMMOW C-7
Page 2
CITY COLLECTIVE DUES DEDUCT CHARGES?
BARGAINING? CHECK-OFF? PAC?
Okla. City,
Ok. Yes Yes Not Yes
currently
Comments: State of Oklahoma law requires
that cities bargain with Fire and Police groups; the City of
Oklahoma City also extends collective bargaining to AFSCME-
There is a charge of $250/year for each deduction category; dues,
PAC's, etc. would be assessed $250 each.
Phoenix, Yes Yes No Fee
Az. varies
Comments: Dues check-off is a part of the contract
negotiated with each employee group. Fee charged is an
administrative cost for initial set-up only.
San Diego,
Ca. Yes Yes No Yes
Comments: State of California law permits
collective bargaining for all cities, counties, state government,
school districts, etc. San Diego has an "informal , friendly
agreement" allowing dues check-off. Charges are
1% of the dues amount.
Tucson,
Az. Yes Yes No Yes
Comments: Tucson has collective bargaining
agreements with IAFF, POP, and AFSCME. Negotiations may involve
any and all issues with the exception of base pay. Base pay is
handled separately and is not a part of the negotiation process.
At one point, a small fee was charged the participating groups;
no charge is currently made. Past fee was .02 cents/person/pay
period.
AMI�
Page 3
SURVEY RESULTS
TEXAS CITIES
CITY COLLECTIVE DUES DEDUCT CHARGES?
BARGAINING? CHECK-OFF? PAC?
Amarillo,
Tx. No Yes No No
Arlington, No No No No
Tx.
Austin,
Tx. No Yes No Yes
Comments: Charges are assessed a small group of
organizations -- TPEA; CLEAT; Police; Fire; and AFSCME. The City
has an employee organization/dues resolution and will provide us
OpIk with a copy for reference use. Austin charges .10 cents per
participant per pay period.
Corpus Christi,
fix. Yes Yes Yes, Yes
Fire group
only
Comments: Dues check-off is extended to Police and
Fire groups only. Fire currently is allowed to deduct their PAC
contributions; Police are asking for this privilege, but no
decision has been made. Corpus Christi assesses a $50 fee to
each organization for any special category of deduction made;
PAC's would be charged this fee. No fees are charged for
deduction of membership dues.
op",
Page 4
CITY COLLECTIVE DUES DEDUCT CHARGES?
BARGAINING? CHECK-OFF? PAC?
Dallas,
Tz. No Yes No No
Comments: Seven employee associations are exempt
from charges. other groups such as insurance companies, etc. are
charged by means of a formula. Each must maintain a minimum of
250 participants, and are also charged for any changes,
deletions, etc. at the rate of $1.75 •each. There is a base
charge to these groups of .06 cents per participant per deduction
plus a warrant fee at the beginning of the process. These
charges do apply to the following groups: CLEAT, APSCME and
TMPA.
El Paso,
Tx. Yes Yes No No
Comments: Collective bargaining is extended to
Fire, Crash Squad and Police only.
Houston,
Tx. No Yes No
Comments: Dues check-off is currently extended to
the following groups -- Fire, Police (an association and a union)
and AFSCME. The issue of PAC deductions is very sensitive; it
was recently revealed that a portion of the dues in one of the
groups was being channeled to a PAC. City of Houston policy
specifically prohibits PAC deductions. Arrangements have been
made to correct this immediately and to phase out any PAC
deductions by a specific date. The City of Houston has an
agreement that specifies that no fees will be assessed for dues
deductions. A new administrative regulation provides that all
future payroll deductions will be required to be accompanied by a
signed form stating no PAC contribution is a part of the
requested deduction. Houston will send a copy of this regulation
for our reference.
Page 5
CITY COLLECTIVE DUES DEDUCT CHARGES?
BARGAINING? CRECK-OFF? PAC?
Midland,
Tz. No No No N/A
Plano,
Tz. No No No N/A
San Antonio,
Tz. Yes Yes No x
Comments: Four employee groups currently use dues
check-off -- Police, Fire, AFSCKE and NAGE. There is A PAC for
both the Police and Fire groups, but the City of San Antonio does
not allow payroll deductions for PAC's. Charges are made only to
insurance companies and similar groups; no charges are made for
association dues. Fees to insurance groups are $5 per group per
pay period and .25 cents per participant per pay period.
Tyler,
Ta. No Yes No No
TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL. For Your Information. I have asked
the City Attorney to review this issue and will keep you apprised of his opinion. Douglas Harman
INTER-OFFICE CORRESPONDENCE City Manager
TO Dduglas Barman DATE May 25, 1989 AIWA
City !tanager
FROM Charlie B. shapard
Personnel Director
SMECT Political Activity of Local Employees in Agencies Receiving
Federal Loans or Grants
At an IPMA meeting I recently attended, the Chairman of the
U. S. Merit system Protection Board reminded participants of
their agency's role in investigating and adjudicating local
government cases involving political activities of state and
local government employees, where the agencies are the
recipients of federal loans and grants.
Upon my return from the meeting, I read of the Police
Association's involvement in establishing a Political Action
Committee (PAC) for the purpose of influencing the City
Council elections. Subsequently, the Personnel Department
received a number of payroll deduction cards from the Fort
Worth Police Officer Association members authorising a
deduction for funding the PAC; we have not approved these
deductions. On May 22, there was an article in the
Star-Telegram in which the President of the Association took
credit for influencing the election of several City Council
members.
Although I do not believe such activity appears to be
illegal under state law, I am concerned that such activity
is a violation of federal Hatch Act provisions as they
relate to State and local government employees.
I asked City Attorney Wade Adkins to review the matter for
me and I have attached his response for your review. In
checking with the Budget Office, I was told that we received
in excess of $600,040 in federal funds in the Police
Department. After further review it appears that actual
federal dollars may only be $130,431 with the remainder
being from state sources.
As you will note in Mr. Adkins' IOC, the Act and Regulations
apply to city officers and employees whose "principal
employment is in connection with an activity which is
financed in whole or in part by loans or grants made by the
United States or a federal agency." The employees may not
". . . (b) directly or indirectly coerce, command or advise a
city officer or employee to pay, lend, or contribute
anything of value to a political party, commmittee,
organisation, agency or person for a political purpose. . ."
'9►
Doug Haman }
May 25, 1989
Page 2
I am not certain if the Police Association has violated this
federal act, or what the total impact would be on the City
if there, in fact, Was a violation.
I would recommend City Attorney Wade Adkins inquire about
our situation with the Merit System Protection Board's
Special Counsel to determine if the establishment of the
Police Association's PAC is a violation of the Batch Act.
Please advise if you need additional information.
4-4,4�-CHARLIE B. SHAp
CBS:sm
cc: Assistant City Manager Ruth Ann McKinney
INTER-OFFICE CORRESPONDENCE
TO Charlie B. Shapard Q�C L0 May 11, 1989
Director of Personnel
MOM Made Adkins � X04
City Attorney U , "[ �� ?
&UBJ=Hatch Act A�`.Q
• Nom/'
You have asked what restrictions the Hatch Act imposes on politi-
cal activities of city officers and employees. Attached are
copies of the Hatch Act (5 USCA 81501-1508) and the regula-
tions issued by the Office of Personnel Management (5 CFR Part
151) .
The Act and Regulations apply to city officers and employees
whose "principal employment is in connection with an activity
which is financed in whole or in part by loans or grants made
by the United States or a federal agency."
The following regulations apply to city officers and employees
who are subject to the Act.
1. They are free to engage in political activity to the widest
extent consistent with the restrictions imposed by state
and federal law, including becoming candidates for office
in a non-partisan election or candidates for political party
office (5 USCA 81502, 1503; 5 CFR 8151.111 and 151.122) .
2. They may not:
(a) use their official authority or influence to interfere
with or affect the result of an election or nomination
for office;
(b) directly or indirectly coerce, command or advi= a city
officer or employee to pay, lend or contribute anything
of value to a political party, committee, organization,
agency or person for a political purpo~ or
r
(e) be a candidate for elective public office in a partisan
election (5 USCA 81502, 1503; 5 CFR $151.121 and 151.122).
3. These regulations do not apply to elected officials (5 USCA
81502; 5 CFR 8151.122).
The Merit Systems Protection Board is authorized to investigate
possible violations, conduct hearings, determine whether a viola- '
tion has occurred and order an officer or employee removed.
In addition, the Merit Systems Protection Board may order the ..
appropriate federal agency to withhold from its loans or grants
to a city or local agency a sum equal to two years of the offend-
ing officer's pay (5 USCA 51507). A party aggrieved by an order
Charlie B. Shagard May 11, 1989
Director of Personnel Page Two
of the Merit Systems Protection Board may file a suit in U. S.
District Court seeking review of the decision (5 USCA 51508) .
Please contact me if you desire to discuss this tter further.
Wade Adkins
City Attorney
WA:dn
Attachments
Ch. 15
CHAPTER 15-_.POLITICAL ACTIVITY OF CERTAIN
STATE AND LOCAL EMPLOYEES
Derivation: 1•,
ulC.
1501. Definitions.
a
1502. Influencing elections; taking hart in political campaigns: k (2).(3) s t:.,
prohibitions; exceptions. , (4) 3 V
1503. Nonpartisan candidacies permitted. , 41
1504. Investigations; notice of hearing.
rai
1505. Hearings; adjudications; notice of determinations. 11�
1506. Orders; withholding loans or grants; limitations. f
<O)
1507. Subpenas and depositions. ptl•
1508. Judicial review. 31`
Hlstorloal Lets
~�
I In paragraph 44:
1974 Amendment. Pub.L. 93-143, Title iwo. substituted "eandidstes" for "poi: i 11 an t United t Te Cu
IV, j 401(b)(.). Oct. 10, 7914, 88 Stat. lest aetivIty"in item 1003. n
rlerr of the denalti,
C/�
graph (1).
1501. Definitions in parogra,,f, t31.
1010" are aubatitut,
For the purpose of this chapter--W this section take,er,
(1) "State" means a State or territory or possession of the standard cha+1�
,
United States;
with the deti 'i,l.tpir of this th_. as
(2) "State or local agency" means the executive branch of z a'"ro the rei,orr.
State, municipality, or other political subdivision of a State,o:
an agency or department thereof;
(8) "Federal agency" means an Executive agency or other Political activltse, a
' agency of the United States, but does not include a member trim of Columns,
r bank of the Federal Reserve System; and
" (4) "State or local officer or employee" means an individui' Elections 4=,Wo,
employed by a State or local agency whose principal employ.
ment is in connection with an activity which is financed i-. Prohibited activities
whole or in part by loans or grants made by the United Stahl
or a Federal agency,but does not include--
(A) an individual who exercises no functions in.conntc• Generally !
Artive part in Pat,
tion with that activity; or t•.w.tltatlenailty t
1'01aelpa2 egaptoymrent
(B) an individual employed by an educational or rt� atase or xerax ogee"r
search institution, establishment, agency, or system trhid State or local officer a
is supported in whole or in part by a State or political su4
division thereof, or by a recognized religious,philanthropic
t. Coastltntianadity
or cultural organization.
1"ortner section 3181
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 408; Pub.L. 98-449, Title IT.I this chapter) was not
401(c),Oct 15,18?4,88 Stat.1290. .tats citizens repobalc
316 NOW on any theory
AN
5 3 1501 CIVIL SERVICE COMMISSION Ch. 15 Ch. 15
atonal Nark Authority v. U. S. Civil service on a Witleai eommittet. state of contribute
Service Commission. D.C.Va.W.C. ass? F. Oki. v. 1.. a. Civil Berrie* ComoolWan
supp. 885+ affirmed s$7 IFJU Md. car- Ok1.1017. s? B.M. 544, 230 i JL Wo,01 L tion,agen*
tiorarl dusted 81 S.CL 22M, M U.S. SM Ed. 701.
20 L.Bd gd W. mate Highway Commission membefs (3) he at
X. gate or Neal agency Central as chairman of Democratic Plate (b) A State t
Central Committee and as officio ss at he chooses t
The Council of Defense of the Sate of seemper of -Victory Dinner" eommhtec candidates.
Ohio was a "state or iwat agency"with. for purpose of raising funds for the Den-
1a purview of this martian. State of Ohio acratle party and for selling war hart. (e) wuhSt'ctlt
T. U. S. Civil Berries Commission. D.C. rosstltuted taking an "active! part is p„.
Ohio UK GG F.Supp.TY4. liticai management" under former par. (1) the i
t5)of this ectfon. Id. dividual au
6 state of Neal officer or aeepleTs+e st
Even If housing authority constructed R Morlpal eaaploymout (2) the r2
segregated housing facilities aad to fed- Where petitioner was an unpaid offi-
eral money could lawfully be spent for of Newark Housing Authority, a loos) (3) a du
such facilities, employes of authority agency financed by the United States re or municip
could be removed for violating former by a federal agency.and petitioner was s merit or cif
section 118k (now section 150221 of this it- member of the bar actively anggttvfl is
Us, In to Higginbotham, C»A.Pa.Itdl.340 the practice of law, "principal empinx• (4) an it
F.2d 103, certiorari sealed 88 s.CL 101, meat" of petitioner was his privete la
3822 U.S.851,15 I F.d.td 01. practice and he was not subject to Ilw Pub.L, 89-554,
Federal funds advanced to state High- provisions of this chapter In War•css 401(a),Oct.15,
way Department for use for ass purpose dldate for the House of Representative-
way highway construction and mainta- in of his *ad general n the tb rem
none* project wore "loans" or "grants" assn of his membership 1. A. Civi to the Acomm)r
within this Kelton. Engelhardt v. 17. B. sion.C.A v. U. A. Civil service Commi. I►erlvattsa: 1'+
Civil Service Commission, D.C.Ala.lttdl. s1oA,C.A KJ.1066,220 F1d 455. ra 1:,
107 F.Supp.SOd,affirmed 304 F16 SM. A person's part-time position may I* is
Dig "principal empioymeat.'"within mess-
S. Active part is pelitical masistrMent Ing of this chapter prohibiting chit
An ardor of United States Civil Rervk'e servants from taking attire part in I -
Com Orden which required State ce lltlnl management or political eampalgas In subagxti"n to
Oklahoma to remove memlmer of Okbt. Smyth Y. U. S Civil Service Cemmtiulua i+2rgi officer or cuy
Dome Highway Commission or suffer D.C.Wis.loo& 201 F.Supp. 508. Ilion 1501. Is subst i
words of fn
withholding of federal highway funds be- Iversen charged with violating pr2o<i art
cause such member, by acting as chair- alone of this chapter that no of kTr s: words "any part r
man of Democratic State Central Commit- employee of any state or local apvsot pe'nsatioa" are on
I" and at officio as member of "Victory whose principal ernplortArut is in tenure °asythimg of value'
• Dinner" committee for purpose of raising tion with activity financed in wbnk or to Standard changei,
funds for Democratic party and for Belt- part by federal grants shall take settee t with the definttiot
• Ing war bonds, was taking an active part part In political management or in poti)i• style of this title s
• In political management, was not an cal campaigns must be principally ra ce to the report..
abuse of discretion under former par. (5) pioy*d in connection with activity fi 1*74 Assassins"
of this section, where, under commis- nanecd in whoto or In part by teders, l.. 93-448 sabstitate
aloe's rule,the taking of"any active part loans or grants, Engelhardt Y. U.a.Cin
in political management or political cam- H Service Commission, D.C.Aia MI. W.
palatal' Dad been determlasd to Include FAupp.SOS.affirmed SOI M 882.
{��y Elections 4=311.
1502. Muencing elections; Wring, pad In political a lti,
paigils; prohibitions; exceptions Community Service
(a) A State or local officer or employee may note-" � delegate seen
(1) use his official authority or influence for the purpose of
interfering with or affecting the result of an election or a nom,r ceagtuatiaatitT 1
ination for office; remstrsetson a
Dos minimum rule H
(2) directly or indirectly coerce, attempt to coerce,command. Roorasptloae e
or advise a State or local officer or employee to pay, tend, of Ka tea b De>w' ya of reap
T agency it
318
I
* 'b,. 15 (1 Is POLITICAL ACTIVITY 5 1502
e4`'e"r contribute anything of value to a party, committee, organiza-
:aiasi•sa.
:. sl i. #ion,agency,or person for political purposes; or
..,aAe.. (3) be a candidate for elective office.
14810 1b) A State or local officer or employee retains the right to vote
Jet" a• t3 be chooses and to express his opinions on political subjects and
004itter
Ise I*M- amilidates.
rt Is Va. tc) wubsection (a)(3)of this section does not apply to--
txs w*. (1) the Governor or Lieutenant Governor of a State or an in-
dividual authorized by law to act as Governor;
utr (2) the mayor of a city;
(3) a duly elected head of an executive department of a State
Not" car or municipality who is not classified under a State or municipal
aver vra.0 merit or civil service system; or
Arew I cabs]"W. (4) an individual holding elective office.
rivatr low ,
act In 16e Pub.L. 89454, Sept. 6, 1866,80 Stat. 404; Pub.L, 93-443, Title IV, �
into a can
titeat8titir. 01(a),OcL 15,1974,88 Stat.MO.
its isr r«o
Aulhorit. Rieterioad and Sew"iea Notes
r Comn,i. beliretiea. Cabted 6#8!40 Cede Revtwed statute$and statates at taus*.
a UAC. Milk) {leas July 19. 19/0.ch. 6410, 14"PAe. 12(a) (less
on may 1W let 41 words) 1st 41 words)",W Stat.787.
win men".
Ubg civil
.+art its I*— Explanatery Notes
campettrue. :s subsection to). the term "state or elective office" for "tan* an sense part
..omnsis*ism. it dater or employee defined in see- to polities] manspement or In political
a 1501, is sabstltnted for the first 41 campaigns".
.•rd1 of former section litln(a). The
Max pr..si Rfreetive Gate of 1e74 Ameadtne8t.
, officer of •"dv "say part of his salary or com- Amendment by Pab.L. 93-133 affective
;.sation" are omitted as Included to
.+s,el atrrn�> Jan. 1, 3973, see sorties 410(a) of Pub.L.
0 to Vona«.• srithinr of value". 93-M set out as a note under section
Whole or Is Pandard changes are made to conform tat of Title 2,The Congress.
tote artive eitt the denaltione applicable and the
or in iwliti• ,:1k of this title as outllsed In the prof- 2461slative 8iatery, For keslatin
.%cipsslly r8t• ..Y to the report, history and purpose of Pub.L. 93-443.
activity fl no 3974 U.E.Code Cont.-and Adm.News,
t by federal o:i Ameadmaat, gubsse. {4)43). Pub. p. 6687.
v.t'. a. Civ• L 31443 substituted '7t*a eaadidate tar
-A1a.1901. 1Yi
Er Idbrary "erenees
rked ss 4=317. C.J.&Electloss 113'!9,366.
i tCaln- Cella of redoral Regulations
,`»iaamaitr service*Administration,r rearktiaas on poittitvtl aativitles of grantees and
delegate agencies.are 45 CFR 1069.E-1 at seq.
purpose of X"aa of ens
3 or a lfom• t...tnatl.aaln, >< 21410berablp to ,*#]drys orsmtlartleas 4
faeetr0etisa 8 Povpo" 3
or at*issea rou 36 Record is
•,command, I V"%" p Runubw for~IV*Office 6
tt a.eaaiedse at eatpgrere pMftleat aettvM llerviee ea pelftlenl poly e08awttteea
1y, lend, or 8
am by a "Ns 31 6enetMtea of 4anttibutlane !
319
13
5 1502 CIVIL SERVICE COMMISSION Ch. 13 Ch. 1s
Note 9
s
nor did fact that employes was running 24 105, eertiorari denied So &CL lot, of *chose candldates vir
for reelection end not seeking election In U.S.853,13 LEM 9L for "mired votes in t[
first Instance exempt him from provi. election at which pre:
sions of this section and employee's dis- 12. more dselets were selected.or t«I a it
satesof for partisan political activity was 'United sta*s Supreme Court cases, not not specifically identifier.
warranted. Id. over. led, upholding constitutionality of or State political pa-.f
te. be aslaisols rule this chapter
Ame . 1 rights with binding amendments,areferendur
Cons,. Amend. 1 rights were binding munlripal ordinances, a
De minimte role was not avaiisble to precedent on federal court of appeals,de-
state official who had administrative so- spite mare retest Supreme Court deci. similar charaeter as gat
peovision of nine divisions of State De- sions in other area# allegedly undermis• tified with a tatiuual r
partment of Conservation. whose dutles fait the rationale of the anus decided on- Party.
is connection with federally financed ac- der this chapter. Northern Virginia ite-
tivitles took up at least fifty per rest of inroad Park Authority v. C. B. Cisf1
his time, sad who served actively as pre- Service Commission. C.A.t'a.1971, 43:F."rd
elect committeeman and chairman of 1346, mrilorart denied 91 s.Ct. =U, 400 Elections 0=517.
county party committee, throughout bin U.S.036.20 I..Ld.24 W.
state employment. Palmer v. U. S. Civil
Service Commission. C.A.111.1i162. 207 F.24 la. Sward 504. torus
456, certlorarl denied 82 S.Ct. 632, 300 U. award in action to determine coastito
S.819.8 L.E4.24 & tlenslity of out* policy and W.B.A. lax When a Federal
al. Knowledge at empteyee•s political prohibiting state employees from apt• or ,grant of funds t
ing in certain political activity sash. State or local officf
activities by agency fished that platutii'f employee area not sub-
Fact that ,aerobes of federally fi- ject to provisions of this section when be ficer or employee b
named state agency knew of an em- tKVame candidate for Sheriff or at any
ployee's political activities and made no time during bit candidacy. �1 iwands Fort the matter t0 L
objections thereto did not preclude dis- State 8mp. Assn. Council 24. AFSClti~ I report, or on receip
charge of the employee for violation of AFL-CIO T. Wisconsin Natural 110•
mission t0 warrant a
former section ll6k of this title (now sources Bd. D.C.11'ls.le00. 708 F.Bupp.
this chapter). In re Higginbotham, D.C. 330. i (1) fix a time
Pa-1063, 221 F.Supp. M. affirmed 840 F. (2) Bend, by i
ployee charged
1503. Nonpartisan mudidwes permitted agency employil
Section 1502(x)(3) of this title does not prohibit any State or lo- alleged violatio-
cal officer or employee from being a candidate in any election if The hearing may no
r none of the candidates is to be nominated or elected at such election of the notice.
• as representing a party any of whose candidates for Presidential Pub.L.89-554,SepL i
elector received votes in the last preceding election at which Presi-
dential electors were selected. u
Pub.L. 89-U4, Sept. 5, 1966, 80$tat. 404; Pub.L. 88-443,Title IV,
401(b)(1),Oct.15,1974,88$tat.1290. Al rnts 1
U.&C.
BLtorto surd Ravidoa Not" and 3d
sl
and 4th I
berl"ItIouI illadted suits Cade llevvlse4 Statutes and statutes at Imp words I
8 UJI.C. Una tea ap- Xuly I9, %$A ch.00, 14"sec.is ("af• lance)
plkable to 8 17&C. placable to 11 22 of the Act of Aug.
liSk(a}} I"; added July 19, 191% ch.810.14
06 Stat. 767)", St dtst. 772.
Esptasietesy Xa#M standard chasm are r+
Standard changes are made to conform ty" in the eatebline and provision err with the definitions apr
wit'y the definitions applicable and the muting nonpartisan candidacies for pciat
style of this title as outlined In the provision permittiag political activity u
preface to the report. connection with (1) an election sad Ito if none of the racd
Me Araeedawal. receding Pub.0 93-443 substi. datewas to be somiated er elated s Administrative Law
toted "candidacies" for 'Volitlal artivi--rr��r�Oyat election as representing a party as- ��• �.
322
r ` i :+R" .p .. ?� `x '�, rj"' �`•.S �,ter,;
s
i}
te
r4:3, it
r IN
PM
vi6 Or
-III 1 •#,.� �,� >zi`'�,�"r�. _♦
« •L3 t'��F+t-�•mss+'f"�1`,T�""�
` aI , 1 r I *r• III� •r F I. a =n�iCl..« 4..�,�{',^.. - -1-
'v 7 s
} r
_ "t' s`fyC,� "•a�F�C�r.(y Fit' ->..'j`.`",..
- •.# ,t- f 'R.� Y `j ,s v 3 t 'SJ t "„ r.r� '`' w_ sir.,; „vo
.�
Al
�y
t"-
t:
Note 10605 GOVERNNENT ORGANIZATION 150 151 Cori
fI Cs wit a ib M s P it 1+66 spe .nlUw. spxi.r cerwtra x Fryman,adSPS 191111, you for tutcbet.a
alet wF.�hosxtt,aOM 14{f,S 7 l�t.S.P.1t 37 ii.S.P.R. 194. whether ratravvei v
194 d the Connecticut llepate tt d 5 civil k7�Kx Comenu
K Row"d has ssspleyneat Human Resources viohttod fire 1lateb Act lot
NO 4atplolree5t triaktisa d Notch Act is tale- a candidate of the Republican party fix The Merit system
y. ... bg have of absence boot federally loaded pro- the pass mt d judge d probate far a Cmeeeticut quired by statute to h
'' ► hut, said for I tnaeI' � ,�; sows,watsawbe his remmAd. Special cbaasd V. al fends tram state t
w-? sabjeet rMc1esma.MSPB 14119.116 M.S.P.k.71. was trot removad wvi•
# mate d Miaamota beliesed and notified
{ dun tare lay riaetian d Hatch Act by remeitta Board had daxeemuu
1• a0mpeited it t4a 11rant him kart CO d J FJa candidate Hatch Act and that
abaet►oa LO rust tar aloe Srate d Mitre, d a eatdidata for school ttitesta did eat vrsrtsmt
t1•- aiotwithstasdia11 cGtitr
lobs and Traimhq r.US.Merit Systems Prance- his removal.rhea pofitiaal parties bad remained
den bd,DMiaa.14117,666 PAW. 1305. Matra!In meal=,employee expended ao raaney "mil"while agency
r€ State employers'rlok3ioes d Haub Act was an milp ter'otrm,sod employee ran is good d order in kderat t
of latch a scope n to warrant nucvai; CALI faith belief that possibility d c -MaS is area• ''a de stay of
ill oeesectly found that their work tw-arI sad mdse tloa teatoved COMM!karts pardssm politic Spa Csrnillitri,MSPB 14i
+`e' to their a1 1 s were Outweighed by the seioos- Clef Counsel v. Yobo.MSPB 1493. 15 M.S.P.R.
Ea, ,
urn of their o0amm,which was repeated and 409. , 1647. Subpen.,
150L tlyders; withholding loans or grantr, ILntations ter} The Merit!
and testimony of
' (a) When the Merit Systems Protection Board finds— any matter before
• (1) that a State or local officer or employee has not been removed from his subpenaa, and in
office or employment within 80 days after notice of a determination by the Board may admix
Board that he has violated section 1502 of this title and that the violation ance of witnesses
warrants removal; at any place in the
(2)that the State or local officer or employee has been removed and has been disobedience to a
States in requirir.
y appointed within 1S months after his removal to an office or employment in the
documentary eviu
same State in a State or local agency which does not receive loans or gram a person, the Un
from a Federal agency; carried on may .
the Board shall make and certify to the appropriate Federal agency an order produce documet
requiring that agency to withhold from its loans or grants to the State or local mater in questio
. ` agency to which notice was given an amount equal to 2 years'pay at the rate the by the court as s
officer or employee was receiving at the time of the violation. When the State or (b) The Board
local agency to which appointment within 18 months after removal has been made is
one that receives loans or grants from a Federal agency,the Hoard order shall direct proceeding or inn
t that the withholding be made from that State or local agency. taken before an
►. administer oaths.
(b) Notice of the order shall be sent by registered or certified mail to the State or deposition, or un
-., local agency from which the amount is ordered to be withheld. After the order ppeerson may be co
:.., becomes final,the Federal agency to which the order is certified shall withhold the More the Board
€ amount in atxardance with the terma of the order. Except as provided by section (e) A person m
15M of this*.E.`. 80 trays sftermail,airt� time of the determination orderes final at the end of
documentary evidence,en ce, colt
•;r, or evidence,doer
r (c)The Board may rot require an amount to be withheld from a loan or grant or subject him to
pledged by a State or local agency as security for its bonds or notes if the or thing concern
withholding of that amount would jeopardize the payment of the principal or interest tary or otherwise
,r 1
on the bonds or notes. so testifying is n
(As amended P"ti6- K Tie IX f 114B4s)tSl,Oct.13.1475.lei lust 1225.) in so testifying.
i (As amended Pub.!.
' >s WX Amadiosat. Subsec.(a, Pub.1"95-454 14atea at 11acidera
•. sobsutuud"Mark 117acom Pnotactim board"far x479 A.aadaanent
dwr "Civil Itoerlee Gom eau". and "Dour tor ?4 Reward at Mpaa wbsuttasd-Merit S.
#• -Colmmissice"wherever apparlu;the eid DIssria eomt judgment denyie11 city employee' •+L" Service cam
fly t Macs.{b). {el lbb.L 45.454 lor declaration that dwV is pra"oes "'Commission"what
for"Gtmadssiaa" wbeseva appatieR Wired academe 7324-7U7 attpM hnpond IM "Board" for b''COU'.
dram fa violation therwit would be mated.eta! theraa.
Dab of IM Amudent. Amend- erne remanded&tr fintber o nsidaatim d quay
mtes by Pab.L 45-454 dkeeive 00 days saw for d whether da cdca!sot*(des menntt Pubb,L S
Oct. 13.1476,on section 907 of P&L 45-4s4. *k repatim9 prohibition ct all paetiva pa{#im! Oct. 13. 1979,sm It
sae oat I a sots wader motion Ito!of the daL activities by city employees restatesl rlfbt d aiti
.. setship to each employeas so a to pradrde iaapo nee not a a sae mr
Laosl d ve History. For elbiative history and ""of aaimt ons far employees'prior riolatioac tsoskd"Hisom,
' pnrI , of Prb.L 95-4.% ase 19711 U.S. Coda prior m&Aict coart.,rawnsideratica. pvrpon at P&L S
Cbr11.sad Aden.!laws.p 2$3. arse would be roh aded so CSril Service Gosh Coal.sed Adm.TIe
k
ORGANIZATION 150 151 GOVMUO6C M ORGANIZATION 511507
N=ee S
tlw Caamad V.Pww &ban 14s6, sla=lom for fWtba odmwWrstiwe oowidet1d t d�4. wiftbttmw bier sr raw .
R.364. %barber tsoaowal was wsemaad. Hrows V.U.S. 8mpioyn vow n*=or otba*w Amm tail==naww
to of the Conmecticat Lkpsrtaseot d C1rS Snvia+Domwiralaa.t.A.1111477,663 F 2d *at remand it wwnsrd for ri�oir-1i:
esoursat violated tt a Hatch Ace by 531. =moan to �d in elate or iow m6mey
a Mdiftft tai the Repmbb'an party for The Merit*sum Psoawatioa !Deed was a- within s;;sa=te car 11—%a wiehaot Dew a
st d r d pnolote for a cbm"etieut q*w by t a wa ardor witm oidin6 Emden foeeta"Micy ietnutie8 smactim at
aaamrp his removal. Spatial Gcood r. d Am&fto=dear aS=cy wbaa am in 11oyoe Of fsdetsl limde SPKW Caosud w
es.MSPH 1966,36 M.S.P.R.71. an cot nmaroil widia 30 dqs of ootice dies 16" 19si,37 A 164.
by* Hoard had d od dot be bad vio MW die eoann satltin low topmeyme ardor d the to diruiat ftet do ae`S wittiuies►d Hatch Amt lluteb Act and that his amowB was warrnted, dmtiss �y
:te to school director did Dot waersu►t satwit6atattdtoi rtleim that tsmetvaE order wrttt eat Ptmtstxiao Biosrd tomoroi d S�S
s1,%liar polieial ponies bad t=naia=d playa far violesim of tW Hatch An t!d sa4
eMae im empiow es 'heat"whik*smarty end 041Myoa aonpht texkw
petiGd aw sawn! po=led=DOW Mies iwdas made diatctirtt witb-
-,p AN o im ad eamploya n a is pool of order&UaA liar;" cower in sbaaeme of bAW4 or fli=rts tha*sur spear read m
f dun porsibdtity d a**4Hiop in lac• aoaet ordeend tray of60daim Spend Cbnmd V. rMovt etmploytt sp=iel Caemd R WbAla•
+"ad oii'ut from parum.,Poutim Spa sari.MSPH 1467.33 K3,PJL 170. mum.meal ink 36>If.S i.do
sd r.YOM,MSPD 1983, 15 M.S.P.R.
11607. Subposm said depoaltlaas
'motion (a) The Merit Systems Protection Hoard may by subpens the attendance
and testimony of witnesses and the production of documentary evidence mating to
.As— any matter before it as a result of this chapter. Any member of the Hoard may sign
has not been removed from his subpenss, and members of the Board and its examiners when authorized by the
xwce of a determination by the Board may administer oaths,examine witnesses,and receive evidence. The set"
.his tick and that the violation ante of witnesses and the production of documentary evidence may be required from
any place in the United States at the des? plate of hearing, In esse of
ins been removed and has been disobedience to a subpens, the Board may invoke the aid of a court of the United
Zr office or employment in the : -in wiring the attendance and testimony of witnesses and the production of
:-.e- rot rrc,ri�e loans err f*-anUi documentary evidence. In ease of contumacy or refusal to obey a subpena issued to
a person, the United States District Court within whose jurisdiction the inquiry is
carried on may issue an order requiring him to appear before the Board, or to
ate Federal agency an order produce documentary evidence if so ordered, or to give evidence concerning the
-r ,;r nts to the State or local matter in question; and any failure to obey the order of the court may be punished
W;'fors'pay at the rate the by the court as a contempt thereof,
-.• violation. When the State or
After removal has i stn made is M The Board may order testimony to be taken by deposition at any stage of a
-neh*,the Board order shall direct protxeding or investigation before it as a result of this chapter. Depositkm may be
-cal agency, taken before an individual designated by the Board and having the power to
administer oaths. Testimony shall be reduced to writing by the individual taking the
s or certified mail to the State or deposition. or under his direction, and shalt be subscribed by the deponent. Any
) be withheld. After the order person may be compelled to appear and depose and to produce documentary evidence
.-er is certified shall withhold the before the Board as provided by this section.
Except as provided by section
card becomes final at the end of (e) A person may not be excused from attending and testifying or from producing
documentary evidence or in obedience to a su on the ground that the testimony
can or order. � bier � y
Of evidence,documentary or otherwise,required of hire eyy tend to incriminate him
e %ithheld from a loan or grant or subject him to a penalty or forfeiture for or on account of any transaction,matter,
for its bonds or notes if.the or thing concerning which he is compelled to testify.or produce evidence,documen-
Tmeut of the principal or interest tart'or otherwise,before the Board in obedience to a subpens issued it. A
so testifying is not exempt from prosecution and punishment for per uury cow
ISM 92 Slat.3226.? in so testifying.
(As amtaded Pub.L 9"K Tkk M 19ost&M Oct 1S,3975.92 8"3225.)
!tiaras d Daeitities
awes of orayiesso t471 Awme awL Sobmt.(a). PaI L 96••434 Man of Deddm
silidauted`Mak Systems Ptowdiae Hoard"for Power d CiswM h
I court PwWriew den*­ empioyaes• "Cog t+nvwc COmminim", amd "Hued" for Priv9sp aptert @W4s lw1weles ti
err dwiastiao thst chow in Peovilk a 10=211kaw wberoff apps dweia. Popaa at laaaadgedes i
3tur and will==s 7324-7327 of ibis title Ssbom (b), {e� Pv&L. " ubdkaW 11010"00'es } "
por1106e6aS smy torXbM imtpaead tips "Hoard'" far •"Cmmteisiom° wtbutwo a9po ft
violation the would be•sate=s,sad , dereia. i lour d pmadrwieo
�saedad tar fanha oxmidustim d 40W towdwo Do=w at t47S AwwAn et. AmMi- Urtitsd tC MMIN Samoa Cammhrios poe
lesha os S- —mt d section 3301 d thin use= by PA& ".454 dketive 90 days seta
+isms t +of all Pes'�poutin=g awed wbpnu pawn to aid in kv*a pttioa d
by city emPk+3tits testotcd rw;M d sits• ties• 13, 1476„sea swim 907 d Pubs L 99-454. >� i> ied 1PaHOW r �t �, a
set out a s am smda=nets= 1101 of this t@k.
o twist employers 30 as to PracbWe impo. torwaa c(cky rskvdapmat wtboedy.=apoq
..amcsioms for employees'Prior VkdaV'0r4- Lp6dsd»HMwv Pw IgWniwe bra w7 smd needy m laded tmda,Prior to die bitiedw d
Oct to dis"uet smut's r=maidaatitttt, I mr,one of PubL 95.454, to 1971 U.S. Cady tamd pntaediW Mau=or lleptd Prob3bited
aJd'e ranvAw to Civil service Gimp• Cps.and Ads.News.p.3723. Periititd Activity PbAkWohia Rsdawdopm et
a .
Ch.I(1-1418 Edition) Offiat of►oraomol INonopiment t3t.i11
.. LATIONS - sc"'I ft t mew (b) "State or local agency" nu ns
+"t the executive branch of a State. mu-
announcements of t.•r�otca.. nicipality. or other political subdivi-
n employee neasiet- „ don of a State,or an agency or depart-
i�n --""` 3ma•o1s6 ment thereof.
Cher communication ;,,:, ... _ _ � (c)"Federal agency"means an exec-
:de notice of regula- 1;1-3m utive agency or other agency of the
,e basic requirement --- ~- United States. but does not include a
r continues, however, 101 tot__ 3306-OW member bank of the Federal Resepe
ental announcement 1"31104.___... 3206-oars System;
OtW1 a%—_ 3 221 (d)"State or local officer or employ-
the Federal Register 1#Jr so2t*) am6.0 u ee"means an individual employed by a
aes. The public com- f, $01- � State or local agency whose principal
moposed regulations 1#'1901 =06-0042 employment is in connection with an 3206-0008 ice of proposed rule. 1f).W1 activity which is financed in whole or
6ted in the F4MM3tAL 143teoi 32ce-wo In part by loans or grants made by the
;7 the posting of the 1"1601_ 3206-0103 United States or a Federal agency but
1110.101(b). The 1M1'lot_ =06'°12° does not include—
in notice is 3#1ot� 3 -oia (1) An individual who exercises no
-anagers and employ. 1101104(1►.._. 3206-0317 functions in connection with that ac.
i#9t ta411J._. _._ 3206.0104
gencies are required
;t#1 201 ___, �..- aloe olaz tivity.
101(b) notice even if .�6so_ 3206-0131 (2) An individual employed by an
line for comments - educational or research institution,es-
mble of the F mERA1, tablishment, agency. or system.which
of rulemaking has 149 Fit 7553,Mar. 1.1984.as amended at 51 is supported in whole or in part by a
should make every FR 36176,Oct.8, 1996;53 Flt 9400,Mar. 11, State or political subdivision thereof,
o minimize delays in 1997.52 Flt 16175.140 1.19871 or by a recognized religious, philan-
I)etin Federal Per- PART 151--POLITICAL ACTIVITY OF �(e}l'scpolitical party°"organization.a Nation-
:Iletiils described in
laid offices. STATE OR LOCAL OFFICERS OR ai political party. a State political 1
sting period. There EMPLOYEES party,and an affiliated organization.
or maximum time (f) "Election" includes a primary,
ng the notice de- GMW=AL Panvialoxa special,and general election.
Jb) of this section. (g)"Nonpartisan election"means an
-tg a notice for post- Sm election at which none of the candi-
i51.101 Definitions
e pasting period dates is to be nominated or elected as
st opportunity to Prautasn=Acrivrrnx representing a political party any of
:_nd employees of 151.111 Permfa6lble activities. whose candidates for Presidential elec-
based upon office for receives votes in the last preceding
dispersion of em- Paomatisa Acrivmu election at which Presidential electors
)cal factors. 151.121 use of official authority coerdon; were selected.
19791 candidacy;prohibitions. (h) "Partisan" when used as an ad-
151.122 Candidacy;exceptions. jective refers to a political party.
AnntottM. 5 U.S.G. 1302 1501-1509, as (i)"EledAve office"means any office
motion Collodion &Mende& which is voted upon at an election as
#Monts defined at 1151.101(f),above,but does
$onacc 35 FR 16993,Oct.30,1970,unless not include political party office.
it numbers. otherwise noted.
EotroatAL Noss Nomenclature changes (40 PR 42733.Sept.16,19151
3507(f) of the Pa• affecting this part appear at 41 Flt 49110.
Act of 1990 (Pub. Nov.2.1996. Pa3lulssrata AcriviSIES
numbers assigned 1131.1 ti Permissible activities
Management and O PROVISIONS
3layed with agency (a)All State or local officers or em.
3n requirements. 1131.101 Definitions. ployees are free to engage in political
t displays OMB-as- In this part: activity to the widest extent consistent
-bers for informs- (a) "State" means a State it terri- with the restrictions Imposed by law
rements contained Cory or possession of the United and this parL A State or local officer >,
his title. &aces, or employee may participate in all pa-
1�
.t
•
151.151 3 CFR M L(1-148 Edloon) Offico of Porsonng Iv
litical activity not specifically restrict- PART 175--OPM MANDATORY procedures relating tc
ed by law and this part,including can- REVIEW OF CLASSIFIED DOCUMENTS oration or material is
didaey for office in a nonpartisan elec- speetion by the public
tion and candidacy for Political party .4 brary, Roam 81127, 1'
office. 145.101 Policy. Washington, D.C.. or
175.102 Requatta for the declassification of OPM regional offices
940 FR 42733,Sept.14,19751 documents. cities; Atlanta, Bt
Patonorr=Actrvrrm Avruca rr.21~0.12045.43 PR 28949. Dallas, Denver, New
0175.141 Policy. phis;, tit. Louis, San F
0151.121 Use of official authority, Goer- Attie.
tion;eandidaeya prohibitions. rrlTht bases Office procedures el handling M - (45 PR 995,Jan.4. leso)
A State or local officer or employee national security information on Exec-
may not— utive Order 12043. National Security
(a) Use his official authority or in- Information,"and Information Secuii• UNDER FEDERAL TO
fluence for the purpose of interfering ty Oversight Office Directive No. 1
with or affecting the result of an elec- concerning national security informs. Fwe.
Lion or a nomination for office,or tion. 177-101 &ope of regulaI
1ZT.102 Administrative
(b) Directly or indirectly coerce, at-
tempt to coerce,command,or advise a 2'15 W.don.4,19807 scnteA Administrative
C
177.143 Administrative
State ar local officer or employee to 4175.102 Requests for the dechmillcatios.
pay, lend, or contribute anything of of dwumentsl 177.104 Inveslisaut>rts.
value to a Political party. committee, Any Federal agency. Government 177.105 Administrative,
organization, agency, or person fora information it be o suti
Political purpose. the r hto to member
request a the public 1Z7comProm�an V
(c)Be a candidate for elective public review of any classified document, 177.107 Limitation a
office in a partisan election. held by the Office of Personnel Mate 177.108 Referral to.,Ap
tt0 Pr1t 42733,Sept.16,1975) agement. which was classified for ns. 177.1 io Final onlapopra
tional security purposes by the Cit�l
0151.122 Candidacy;eleeptions. Service Commission. The Office of AuTttoarrr. 2e U.S.C.
Section i51.121tcI does not apply Personnel Management does not bare w,tURCSr 33 Flt 124os,it
to— the authority to classify documents. „tfirrudse noted.
(a) The Oovernor or Lieutenant (a) Requests for mandatary declaim• s 1;;.101 Sea of
Governor of a State or an individual ficaLian review should be addressed to pe attgu!
the Director, Office of Management This part applies of
authorized by law to act as Oovernor; or the designee of the Director, oho rwrted under the Feed,
(b)The Mayor of a city; will act on requests within 80 days-Rt Art. its amended, acct
(e)A duty elected head of an execu- quests need not be made in any special January Is, 1947, for
Live department of a State or munici- form but shall, as specified in section a911inst the United Sti
pality who fs not classified under a 3-501 of the Executive order, reason ,►r loss of Property of
State or municipal merit or civil serv- ably describe the information. or dearth caused by i
Ice system: (b)Based upon the review,the doc* wrongful act or.*miss
(d) An Individual holding elective went, or any reasonably aegregabk or employee of OPM
office; Portion thereof that no longer * this part as an -lei
(e) Activity in connection with a quires protection under the Executfxe acting within the scop
nonpartisan election;or order. &hail be declassified and rr rtnployment.
(f} Candidacy for a position of offl• leased unless withholding fin othet�t
car of a political party. delegate to a warranted under applicable law. •1:7,102 Admin#**U%,,
Political Party convention, member a (c) No OPM official will refuse to aented;appropriate(
a N&cal party co, *r local committee confirm the existence or non-existetut t a r For the purport
of a political party.or any slcom pass- of any document requested under ttir elafnt Is deemed to ha
tion. mandatory f review provisions of th .-J aced par receive
Executive order.unless the fact of it, uvti n, in paragraph
140 FR 72733,BepL 19 1975,as axoertded at existence or non-existence would itsel.' "''noon, r Injury".
40 FR 47101,Oct.IL 19751 t jamatRe *r I
be elaasifi&ble under the Executty v3, or other written n
order. OPM Administrative Manua: uicident, accompanier
chapter=2,covering OPM Policies sat money damages
20