W. Va. Code R. § 217-1-14

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 217-1-14 - Political Activities

14.1. Prohibition of Political Activities.

14.1.1. An agency may not appoint, promote, demote, or dismiss any person in the classified service or in any way favor or discriminate against any person with respect to such employment because of his or her political opinions or affiliations. Nothing in this subdivision shall be construed as precluding the dismissal of any employee who may be engaged in subversive activities or found disloyal to the nation.

14.1.2. No person shall seek or attempt to use any political endorsement in connection with any appointment in the classified service.

14.1.3. 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 position, for the purpose of influencing the vote or political action of any person, or for any consideration.

14.1.4. No employee shall, directly or indirectly, solicit or receive any assessment, subscription, or contribution, or perform any service for any political party, committee, or candidate for compensation, other than for expenses actually incurred, or in any manner take part in soliciting any assessment, subscription, contribution, or service of any employee in the classified service.

14.1.5. Notwithstanding any provision of the West Virginia Code to the contrary, no employee in the classified service shall:

14.1.5.a. Use his or her official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office;

14.1.5.b. 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; or,

14.1.5.c. Be a candidate for any national or state paid public office or court of record; or hold any paid public office other than as a paid poll clerk or worker; or be a member of any national, state or local committee of a political party, or a financial agent or treasurer within the meaning of the provisions of W. Va. Code § 3-8-3, 4, or 5(e). Other types of partisan or nonpartisan political campaigning and management not inconsistent with the provisions of this subdivision and with the provisions of subdivision d. of this subsection, are permitted.

14.1.6. Political participation pertaining to constitutional amendments, referendums, approval of municipal ordinances or activities, serving as a poll clerk or worker or being a candidate for or serving as a delegate to any state or national political party convention are not prohibited by the provisions of this subdivision.

14.1.7. Any classified employee who becomes a candidate for any paid public office as permitted by this subdivision shall request and receive a leave of absence without pay for the period of the candidacy, commencing upon the filing of the certificate of candidacy. If the employee withdraws his or her candidacy, he or she shall return from the leave of absence immediately upon such withdrawal. If the employee is not elected, he or she shall return from the leave of absence immediately after the official canvass of votes. At the expiration of the leave of absence without pay, the employee shall be returned to duty to either his or her former position or one of comparable pay and duties, without loss of rights, unless the position is no longer available due to a reduction-in-force. If elected, the employee shall resign or be dismissed from the position in the classified service to be effective no later than the date of assuming the elective office.

14.2. Application of the Hatch Act. -- Any classified or classified-exempt employee who, as a normal and foreseeable incident of his or her principal activity, performs duties in connection with programs financed, wholly or in part by, or whose salary is paid for completely by loans or grants, made by the United States or a federal agency, is subject to provisions of the Hatch Act for State and Local Government Employees restricting political activity, 5 USC 14.01-8. Each agency shall inform all classified and classified exempt employees of these provisions and employees shall adhere to these provisions.

14.3. Additional Prohibition for Highways Employees. -- No person may be appointed or employed in any capacity by the Division of Highways who is a candidate for or holds any public office or is a member of any political party committee. An employee of the Division of Highways may not be a candidate for or hold any public office or be a member of any political party committee. An employee of the Division of Highways who becomes a candidate for or holds any public office or becomes a member of any political party committee shall resign or be dismissed from his or her position with the Division of Highways immediately on the date of the filing of candidacy or the date of assuming the public office or the political party committee membership.

W. Va. Code R. § 217-1-14