Transcript Political Activities of Public Officers and Employees Political Activities of Public Officers and Employees • • • • • Hatch Act Little Hatch Act Florida Elections Code Code of Ethics Career Service Laws Federal.

Political Activities of Public Officers
and Employees
Political Activities of Public Officers
and Employees
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Hatch Act
Little Hatch Act
Florida Elections Code
Code of Ethics
Career Service Laws
Federal Hatch Act – 5 U.S.C. ss. 1501-1508
The Hatch Act is the 1939 law that regulates
the political activities of federal employees
and some state and local government
workers. The legislation originally prohibited
nearly all partisan activity by federal
employees, banning them from endorsing
candidates, distributing campaign literature,
organizing political activities and holding
posts in partisan organizations.
Federal Hatch Act – State and Local Employees
The Hatch Act restricts the political activity
of individuals principally employed by state
or local executive agencies and who work in
connection with programs financed in whole
or in part by federal loans or grants.
.
Federal Hatch Act – State and Local Employees
Covered state and local employees may not:
• be candidates for public office in a
partisan election;
• use official authority or influence to
interfere with or affect the results of an
election or nomination; or
• directly or indirectly coerce, attempt to
coerce, command, or advise a state or
local officer or employee to pay, lend, or
contribute anything of value to a party,
. committee, organization, agency, or
person for political purposes.
Federal Hatch Act – State and Local Employees
The following are a list of examples of the
types of programs which frequently receive
financial assistance from the federal
government: public health, public welfare,
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housing,
urban renewal and area
redevelopment, employment security, labor
and industry training, public works,
conservation, agricultural, civil defense,
transportation, anti-poverty, and law
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enforcement programs.
Federal Hatch Act – State and Local Employees
Hatch Act provisions also apply to
employees of private, nonprofit
organizations that plan, develop and
coordinate federal Head Start or
Community Service Block Grant programs.
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State and local employees subject to the
Hatch Act continue to be covered while on
annual leave, sick leave, leave without pay,
administrative
leave or furlough.
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Federal Hatch Act – State and Local Employees
Hatch Act provisions do not apply to:
• individuals who exercise no functions in
connection with federally financed
. activities; or
• . individuals employed by educational or
research institutions, establishments, or
agencies which are supported in whole
or in part by state or political
subdivisions thereof, or by recognized
. religious, philanthropic or cultural
organizations (e.g., administrators,
teachers).
Federal Hatch Act – State and Local Employees
Exemptions from the Hatch Act include:
• the governor or lieutenant governor of a
state, or an individual authorized by law to
. as governor;
act
• .the mayor of a city;
• a duly elected head of an executive
department of a state or municipality who is
not classified under a state or municipal
.merit or civil service system; and
• an individual holding public elective office.
Federal Hatch Act – State and Local Employees
Note: An employee’s conduct is
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also
subject to the laws of the state
and the regulations of the
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employing agency.
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Florida Hatch Act – Section 104.31, F.S.
No officer or employee of the state, or of any county or
municipality thereof, except as hereinafter exempted
from provisions hereof, shall:
(1)(a) Use his or her official authority or influence for the
purpose of interfering with an election or a nomination
of office or coercing or influencing another person’s vote
or affecting the result thereof.
Florida Hatch Act – Section 104.31, F.S.
The provisions of paragraph (a) shall not be construed so
as to limit the political activity in a general, special,
primary, bond, referendum, or other election of any kind
or nature, of elected officials or candidates for public
office in the state or of any county or municipality
thereof.
Florida Hatch Act – Section 104.31, F.S.
The provisions of paragraph (a) shall not be construed so
as to limit the political activity in general or special
elections of the officials appointed as the heads or
directors of state administrative agencies, boards,
commissions, or committees or of the members of state
boards, commissions, or committees, whether they be
salaried, nonsalaried, or reimbursed for expense. In the
event of a dual capacity of any member of a state board,
commission, or committee, any restrictive provisions
applicable to either capacity shall apply.
Florida Hatch Act – Section 104.31, F.S.
The provisions of paragraph (a) shall not be construed so
as to limit the political activity in a general, special,
primary, bond, referendum, or other election of any kind
or nature of the Governor, the elected members of the
Governor’s Cabinet, or the members of the Legislature.
Florida Hatch Act – Section 104.31, F.S.
(1)(b) Directly or indirectly coerce or attempt to coerce,
command, or advise any other officer or employee to pay, lend, or
contribute any part of his or her salary, or any money, or anything
else of value to any party, committee, organization, agency, or
person for political purposes.
Nothing in this paragraph or in any county or municipal charter or
ordinance shall prohibit an employee from suggesting to another
employee in a noncoercive manner that he or she may voluntarily
contribute to a fund which is administered by a party, committee,
organization, agency, person, labor union or other employee
organization for political purposes.
Florida Hatch Act – Section 104.31, F.S.
A candidate for reelection as the Public Defender was
found to have violated Florida’s Little Hatch Act by
threatening employees with the loss of their jobs if they
did not contribute to his campaign for re-election.
(Florida Election Commission v. Jorandby, FEC Case No. 00-366.)
Florida Hatch Act – Section 104.31, F.S.
(c) Directly or indirectly coerce or attempt to coerce,
command, and advise any such officer or employee as to
where he or she might purchase commodities or to
interfere in any other way with the personal right of said
officer or employee.
Florida Hatch Act – Section 104.31, F.S.
The provisions of paragraphs (b) and (c) shall apply to all
officers and employees of the state or of any county or
municipality thereof, whether elected, appointed, or
otherwise employed, or whether the activity shall be in
connection with a primary, general, special, bond,
referendum, or other election of any kind or nature.
Florida Hatch Act – Section 104.31, F.S.
(2) An employee of the state or any political
subdivision may not participate in any political campaign
for an elective office while on duty.
(3) Any person violating the provisions of this section is
guilty of a misdemeanor of the first degree.
Florida Hatch Act – Section 104.31, F.S.
(4) Nothing contained in this section or in any county
or municipal charter shall be deemed to prohibit any
public employee from expressing his or her opinions on
any candidate or issue or from participating in any
political campaign during the employee’s off-duty hours,
so long as such activities are not in conflict with the
provisions of subsection (1) or s. 110.233.
Florida Elections Code
• Unlawful to threaten
employees to vote for
any candidate or
measure
(Section 104.081, F.S.)
• Unlawful to give or
promise anything of
value with the intent to
buy that person’s vote
(Section 104.061(2), F.S.)
Florida Elections Code
• Unlawful to solicit or
accept political
contribution in a
building owned by a
government entity
(Section 106.15(4), F.S.)
• Prohibition not
applicable when the
building or any portion
of it is rented for the
purpose of holding a
campaign fund-raiser
(Section 104.061(2), F.S.)
Florida Elections Code
• Unlawful to use the
services of any state,
county, municipal, or
district officer or
employee during
working hours to further
candidacy.
(Section 106.15(3), F.S.)
Code of Ethics for Public Officers and Employees
Misuse of Public Position –
Unlawful to corruptly use or attempt to use
official position or property or resource, or to
perform official duties, to secure a special
privilege or benefit for self or another.
(Section 106.15(3), F.S.)
Code of Ethics for Public Officers and Employees
• Should not seek travel reimbursement from your
agency for filing campaign reports.
(In re William B. Harrison, DOAH Case No. 94-1787EC)
• Should not mail campaign literature to employees
whose addresses were obtained from an employee
roster not available to the general public.
(In re Ray Pilon, Complaint No. 96-125)
Code of Ethics for Public Officers and Employees
• Should not request subordinate employees to sign a
political petition while on duty.
(In re Louie L. Whitworth, Complaint 88-124)
• Should not threat to discontinue patronage at a
business because the owner displayed the campaign
sign of an opponent in her business window.
(In re Tom Ramiccio, DOAH No. 00-265EC)
Code of Ethics for Public Officers and Employees
• Should not solicit votes for preferred candidate for tax
collector from the users of the tax collector's office.
(In re Teresa Gomillion, DOAH Case No. 90-2067EC
In re Patty Lynch, DOAH Case No. 90-2068EC)
State Personnel Laws and Rules
Section 110.233(4)(a), F.S.
As an individual, each employee retains all rights
and obligations of citizenship provided in the
Constitution and laws of the state and the
Constitution and laws of the United States.
State Personnel Laws and Rules
However, no employee in the career service shall
hold, or be a candidate for, public office while in
the employment of the state or take any active part
in a political campaign while on duty or within any
period of time during which the employee is
expected to perform services for which he or she
receives compensation from the state.
State Personnel Laws and Rules
However, when authorized by the agency head and
approved by the department as involving no interest
which conflicts or activity which interferes with state
employment, an employee in the career service may
be a candidate for or hold local public office.
Political Activities of Public Officers
and Employees
Political Activities of Public Officers
and Employees
Mark Herron
February 15, 2012