Louisiana Revised Statutes 33:2504 – Political activities prohibited
Terms Used In Louisiana Revised Statutes 33:2504
- Appointing authority: means any official, officer, board, commission, council, or person having the power to make appointments to positions in the municipal fire and police services. See Louisiana Revised Statutes 33:2473
- Appointment: means the designation of a person, by due authority, to become an employee in a position, and his induction into employment in the position. See Louisiana Revised Statutes 33:2473
- Board: means the municipal fire and police civil service board. See Louisiana Revised Statutes 33:2473
- Classified service: means every appointive office and position of trust or employment in the municipal government which has as its primary duty one of the functions specifically set forth to be included in the classified service by the provisions of this Part; and excludes all elective and appointive offices and positions of trust or employment which have a primary duty specifically set forth to be included in the unclassified service by the provisions of this Part. See Louisiana Revised Statutes 33:2473
- Eligible: means a person whose name is on a list. See Louisiana Revised Statutes 33:2473
- Employee: means a person legally occupying a position. See Louisiana Revised Statutes 33:2473
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Position: means any office and employment in the municipal fire and police services, the duties of which call for services to be rendered by one person. See Louisiana Revised Statutes 33:2473
A. Political activities by and extending to employees of the classified service are hereby prohibited as follows:
(1) No person shall seek or attempt to use any political endorsement in connection with any appointment to a position in the classified service.
(2) No person shall 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 classified service, 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.
(3) No employee in the classified service shall, directly or indirectly, pay, or promise to pay, any assessment, subscription, or contribution for any political organization or purpose, or solicit or take part in soliciting any such assessment, subscription, or contribution. No person shall solicit any such assessment, subscription, or contribution of any employee in classified service. The prohibitions of this Sub-section shall not be construed as applying to membership dues paid, or contributions made, to non-political employee organizations, pension funds, civic enterprises, the Louisiana Civil Service League or any similar non-political and non-partisan organization.
(4) No employee in the classified service shall (a) be a member of any national, state, or local committee of a political party, (b) be an officer or member of a committee of any factional, political club or organization, (c) be a candidate for nomination or election to public office, (d) make any political speech or public political statement in behalf of any candidate seeking to be elected to public office, or (e) take any part in the management or affairs of any political party or in the political campaign of any candidate for public office, except to privately express his opinion and to cast his vote.
(5) No person elected to public office shall, while serving in the elective office, be appointed to or hold any position in the classified service.
(6) No appointing authority, or agent or deputy thereof, shall directly or indirectly, demote, suspend, discharge, or otherwise discipline, or threaten to demote, suspend, discharge or otherwise discipline, or discriminate against any person in the classified service for the purpose of influencing his vote, support, or other political activity in any election or primary election. No appointing authority, or agent or deputy thereof, shall use his official authority or influence, by threats, promises or other means, directly or indirectly, to coerce the political action of any employee in the classified service.
B. The appointing authority shall conduct an investigation of any person alleged to have violated a provision of this Section, unless a request by the appointing authority is made to the board to conduct such an investigation. If as a result of such investigation the employee is determined to be guilty of violating one or more provisions of this Section, he shall be suspended for thirty work days without pay for a first violation or discharged for a second violation. However, any employee found to have violated Subparagraph (A)(4)(c) of this Section shall be terminated upon the determination of a violation of the offense. The board may, upon its own initiative, or upon the request of the appointing authority, investigate any officer or employee in the classified service whom it reasonably believes guilty of violating any one or more of the provisions. Any citizen, taxpayer, municipal officer, or employee may file with the board detailed charges in writing against any employee in the classified service for violating any one or more of the provisions of this Section. The board shall, within thirty days after receiving the written charges, hold a public hearing and investigation and determine whether such charges are true and correct. If the board should find upon its investigation of any employee that he has violated any of the provisions of this Section, the board shall order the appointing authority to suspend the employee without pay for thirty work days for a first violation and mandate educational training on prohibited political activities. If the board determines an employee has violated any of the provisions of this Section for a second time, the board shall order the discharge of the employee from the service and the appointing authority shall discharge the employee.
C. Whoever is found to have violated a provision of this Section twice shall be subject to the penalties provided in La. Rev. Stat. 33:2507. In addition any employee in the classified service who is discharged because of violating a provision of this Section shall not again be eligible for employment or public office in the classified service for a period of six years from the time of his discharge.
Acts 2016, No. 332, §2.