41-772
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41-772. Prohibitions; violation; classification; civil penalty; protection of civil or political liberties A. An employee shall not: 1. Use any political endorsement in connection with any appointment to a position in the state service. 2. Use or promise to use any official authority or influence for the purpose of influencing the vote or political action of any person or for any consideration. B. An employee or member of the personnel board shall not be a member of any national, state or local committee of a political party, an officer or chairman of a committee of a partisan political club, or a candidate for nomination or election to any paid public office, shall not hold any paid, elective public office or shall not take any part in the management or affairs of any political party or in the management of any partisan or nonpartisan campaign or recall effort, except that any employee may: 1. Express his opinion. 2. Attend meetings for the purpose of becoming informed concerning the candidates for public office and the political issues. 3. Cast his vote and sign nomination or recall petitions. 4. Make contributions to candidates, political parties or campaign committees contributing to candidates or advocating the election or defeat of candidates. 5. Circulate candidate nomination petitions or recall petitions. 6. Engage in activities to advocate the election or defeat of any candidate. 7. Solicit or encourage contributions to be made directly to candidates or campaign committees contributing to candidates or advocating the election or defeat of candidates. C. Except for expressing his opinion or pursuant to section 16-402, an employee shall not engage in any activity permitted by this section while on duty, while in uniform or at public expense. D. A person shall not solicit any employee or a member of the personnel board to engage or not engage in activities permitted by this section with the direct or indirect use of any threat, intimidation or coercion including threats of discrimination, reprisal, force or any other adverse consequence including the loss of any benefit, reward, promotion, advancement or compensation. E. A person shall not subject any employee or a member of the personnel board engaging in activity permitted by this section to any direct or indirect discrimination, reprisal, force, coercion or intimidation or any other adverse consequence including the loss of any benefit, reward, promotion, advancement or compensation. F. A person shall not subject any employee or member of the personnel board who chooses not to engage in any activity permitted by this section to any direct or indirect discrimination, reprisal, force, coercion or intimidation or any other adverse consequence including the loss of any benefit, reward, promotion, advancement or compensation. G. The provisions of this section do not apply to school board elections or community college district governing board elections, and an employee may serve as a member of the governing board of a common or high school district or as a member of a community college district governing board. H. An employee who violates any of the provisions of this section shall be subject to suspension of not less than thirty days or dismissal. I. A person who violates: 1. Subsection D, E or F of this section is guilty of a class 6 felony. 2. Any other provision of this section is guilty of a class 1 misdemeanor. J. In addition to any other penalty, any person soliciting or encouraging a contribution in a manner prohibited by this section is subject to a civil penalty of up to three times the amount of the contribution solicited or encouraged plus costs, expenses and reasonable attorney fees. K. Nothing contained in this section shall be construed as denying any employee or board member his civil or political liberties as guaranteed by the United States and Arizona Constitutions. L. It is the public policy of this state, reflected in this section, that government programs be administered in an unbiased manner and without favoritism for or against any political party or group or any member in order to promote public confidence in government, governmental integrity and the efficient delivery of governmental services and to ensure that all employees are free from any express or implied requirement or any political or other pressure of any kind to engage or not engage in any activity permitted by this section. Toward this end, any person or entity charged with the interpretation of this section shall take into account the policy of this section and shall construe any of its provisions accordingly. |