8A.416 - DISCRIMINATION, POLITICAL ACTIVITY, USE OF OFFICIAL INFLUENCE PROHIBITED.
8A.416 DISCRIMINATION, POLITICAL ACTIVITY, USE OF
OFFICIAL INFLUENCE PROHIBITED.
1. A person shall not be appointed or promoted to, or demoted or
discharged from, any position in the merit system, or in any way
favored or discriminated against with respect to employment in the
merit system because of the person's political or religious opinions
or affiliations or race or national origin or sex, or age.
2. A person holding a position in the classified service shall
not, during the person's working hours or when performing the
person's duties or when using state equipment or at any time on state
property, take part in any way in soliciting any contribution for any
political party or any person seeking political office, and such
employee shall not engage in any political activity that will impair
the employee's efficiency during working hours or cause the employee
to be tardy or absent from work. This section does not preclude any
employee from holding any office for which no pay is received or any
office for which only token pay is received.
3. A person shall not seek or attempt to use any political
endorsement in connection with any appointment to a position in the
merit system.
4. A person shall not use or promise to use, directly or
indirectly, any official authority or influence, whether possessed or
anticipated, to secure or attempt to secure for any person an
appointment or advantage in appointment to a position in the merit
system, or an increase in pay or other advantage in employment in any
such position, for the purpose of influencing the vote or political
action of any person or for any consideration.
5. An employee shall not use the employee's official authority or
influence for the purpose of interfering with an election or
affecting the results thereof.
6. Any officer or employee who violates this section shall be
subject to suspension, dismissal, or demotion subject to the right of
appeal provided in this subchapter.
7. The director shall adopt any rules necessary for further
restricting political activities of employees in the executive
branch, but only to the extent necessary to comply with federal
standards. Employees retain the right to vote as they please and to
express their opinions on all subjects. Section History: Recent Form
2003 Acts, ch 145, §64
Referred to in § 8A.102, 8A.418, 55.1
See also chapters 39A and 721