OFFICE OF EXECUTIVE POLICY AND PROGRAMS
POLITICAL ACTIVITY AND ETHICS
THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN
EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THIS
DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR
ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT
OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES,
WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT
WITH THE TERMS .
I. Political Activity
The following provisions shall apply to all employees of the Governor’s
Office who are candidates for appointment or election to public office and
who are not covered by the federal Hatch Act.
-
Generally employees may engage in political activity as described
above without reduction in salary and status when, in the judgment of
the Deputy Chief of Staff for Administration, the individual can continue
to effectively handle assigned duties. If these duties cannot be
effectively handled, the employee may be required to take annual
leave or leave of absence without pay or the employee may choose to
resign.
-
Employees who are in policy-making positions, law enforcement
officers, or those who regularly are entrusted with confidential and/or
legally privileged information about the Office must, however, either
resign or be terminated from their employment position when they
become a candidate for a partisan political office.
-
Employees considering a political campaign should submit to the
Deputy Chief of Staff for Administration a written notification outlining
their intentions before filing.
-
All political activities must be conducted during the employee’s
personal time. The Ethics and Reform Act of 1991 prohibits political
campaigning or solicitation in state -owned buildings as well as use of
state-owned equipment or materials.
-
State employees who are paid in whole or in part by federal funds or
whose jobs are related to an activity which receives federal funds, may
be covered by provisions of the federal Hatch Act, which may prohibit
political activity.
II. Ethics Act
State employees are subject to the provisions of the Ethics and Reform
Act of 1991. In general state employees are prohibited from accepting:
-
Lodging, transportation, entertainment, food, meals, beverages, money
or any other thi ng of value, including an honorarium from a lobbyist.
-
Anything of value to influence official activities.
-
Lodging, transportation, entertainment, food, meals, beverages, money
or any other thing of value as well as an invitation to a function paid by
a lobbyist principal unless the entire membership of the agency's board
or commission is invited or (b) all statewide constitutional officers are
invited if they are employees of a statewide constitutional officer;
-
Anything of value, including honorarium, for speaking in a official
capacity before public or private groups.
State Employees may not:
-
Solicit additional money for the conduct of their position.
-
Use information which is confidential or not available to the public for
personal benefit.
-
Be employed by a regulatory agency that regulates a business they
are associated with if there is a frequent or continuing conflict.
-
Accept employment for one year from a regulated person if the
employee was directly and substantially involved in the regulatory
process.
-
Resign from a position directly involved in the procurement process
and accept employment with a person contracting with the agency if he
had any responsibility for such procurement.
-
Use government time, materials, personnel or equipment either for
private purposes or in an election campaign, except for incidental use
when there is no additional public expense.
-
Solicit contributions from subordinates or make employment decisions
based on contributions.
(This is not an inclusive list.)
Revised 7/04