MOTION FOR THE BOARD MEETING OF DECEMBER 16, 2010
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MOTION, with respect to Agenda Item #59, File ID #10-1597, to adopt Legislative Initiative #3
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I move to amend several sections of the District’s Act that prohibit officers and employees of the District from participating in political activities outside of the workplace.
Three specific sections of the District’s Act read as follows:
Sec. 4.22. No officer or employee shall solicit, orally or by letter, or give or receive, or be in any manner concerned in soliciting or giving or receiving any assessment, subscription or contribution from any member of the classified civil service for any party or political purpose whatever.
Sec. 4.23. No person shall solicit, orally or by letter, or be in any manner concerned in soliciting any assessment, contribution or payment for any party or any political purpose whatever from any officer or employee in the classified civil service.
Sec. 4.25. No officer or employee in the service of the Sanitary District shall, directly or indirectly, give or hand over to any officer or employee in said classified civil service, or to any senator or representative or alderman, councilman or trustee, any money or other valuable thing on account of or to be applied to the promotion of any party or political object whatever. No employee in the classified service shall take any part in the management or affairs of any political party or in any political campaign, except to exercise his right as a citizen privately to express his opinion, and to cast his vote, provided, however, that an employee shall have the right to hold any public office, either by appointment or election, that is not incompatible with his duties as an employee of the District, and provided further that such employee does not campaign or otherwise engage in political activity during working hours. This Section shall not be deemed to authorize conduct prohibited by the Federal Hatch Act by employees subject to said Act.
Sections 4.22 and 4.23 were amendments to the District’s Act in 1935, and predate the Federal Hatch Act enacted in 1939. Under the Hatch Act, which prohibits certain political activity of federal employees and agencies utilizing federal funds, none of the prohibitions in Sections 4.22, 4.23 and 4.25 of the District’s Act would apply to employees while off duty. Section 4.25 was enacted in 1982 and while attempting to clarify political activity in respect to the Federal Hatch Act, the Section is silent in respect to allowable political participation of District employees and officers while off duty.
In order that District employees and officers may exercise their rights as private citizens to engage in political campaigns outside of the workplace, it is recommended that these sections of the District Act be amended to clarify that the prohibitions detailed therein do not apply when exercised outside of the workplace and while off duty.
Date: December 16, 2010
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Commissioner