Current through Rules and Regulations filed through March 20, 2024
(1)
Introduction:
(a) Employees
engaging in political activity are responsible for complying with the
provisions within this Rule, applicable laws, and their agency policy.
Employees who are uncertain whether political activity is permissible are
expected to seek guidance from their agency ethics officer or other designated
official.
(b) Typically, employees
may engage in political activity as private citizens that does not:
1. Conflict with their employment or take
place during work time or on work premises;
2. Disrupt their work environment or
otherwise negatively affect business operations;
3. Coerce or appear to coerce the political
action of other employees, contractors, vendors, or customers; or,
4. Create the perception that the employee's
personal political views or actions are representative of the State.
(2)
Applicability:
The policies and procedures within this Rule apply to all
agencies of the executive branch, local departments of public health, and
community service boards, but do not apply to authorities, public corporations,
and the Board of Regents of the University System of Georgia.
(3)
Definitions:
(a) "Political activity" means activity
directed toward the success or failure of a political party, candidate for
partisan political office, or partisan political group.
(b) "Recall application or petition" means an
application or petition to remove a public official from elective office.
(c) "Work time" means time an
employee is scheduled to work, but does not include time during which an
employee is using leave or compensatory time.
(4)
Candidacy and Holding
Office:
(a) Candidacy for Office:
1. An employee wishing to campaign for any
elective office must consult with the employing agency and notify the agency
ethics officer before announcing and/or qualifying for the office.
2. An employee may campaign for elective
office if doing so does not conflict with the performance of the employee's
official duties and is not otherwise prohibited by law.
3. An agency, by written policy, may require
an employee campaigning for office to be placed on a leave of absence without
pay upon determination that candidacy conflicts with current employment.
4. Candidacy for federal, state,
county, or municipal office will be established when an employee files a notice
of candidacy with the Georgia Secretary of State's Office. Candidacy for office
in a political party or organization will be established upon official public
announcement of candidacy.
5. Any
employee whose salary is entirely federally funded is covered by the Hatch Act
and is prohibited from being a candidate for public elective office in a
partisan election.
i. This prohibition
applies to candidacy for both part-time and full-time offices.
ii. This prohibition does not apply to the
Governor, Lieutenant Governor, duly elected agency heads, or other elected
officials.
(b)
Holding Office:
1. Any employee who is
elected or is appointed to full-time office or other office that conflicts with
current employment must resign or forfeit employment upon assuming
office.
2. Executive branch
employees are not permitted to simultaneously hold office or employment in the
legislative or judicial branches of state government except that an employee
may be temporarily employed with the legislative branch during the legislative
session provided that the employee is on an authorized leave of absence without
pay.
(5)
Prohibited Political Activities:
Employees are prohibited from engaging in the following
political activities:
(a) Conducting
political activities of any nature during work time or on work premises and/or
using state property or resources to do so;
(b) Soliciting other employees for any
political purpose, whether or not during work hours or on work
premises;
(c) Coercing other
employees, contractors, vendors, or customers to pay, lend, or contribute items
of value for political purposes;
(d) Soliciting or knowingly accepting any
campaign contributions in a state building or office except when the space is
rented for the specific purpose of holding a campaign fundraiser;
(e) Holding or being a candidate for
political office that conflicts with current employment (see Section (4) of
this Rule);
(f) Seeking, using, or
attempting to use any coercive political pressure to secure for themselves or
any other person an appointment, promotion, salary increase, or any other
employment advantage;
(g) Using or
promising to use any official authority to influence or coerce the political
action of any other person (including other employees, contractors, vendors, or
customers), or to affect the results of a nomination, campaign, or election for
office;
(h) Representing that a
personal endorsement of or opposition to a political candidate is the official
position of the State or a state agency;
(i) Circulating a recall application or
petition by any means, including email or social media; or,
(j) Receiving state-paid transportation
mileage while transporting any political campaign literature or matter,
soliciting votes, or transporting any person soliciting votes in any
election.
(6)
Consequences for Prohibited or Conflicting Political Activity:
(a) Any applicant or employee who seeks,
uses, or attempts to use any coercive political pressure to secure an advantage
in employment will be subject to appropriate action up to and including denial
or termination of employment.
(b)
Any employee who is elected or appointed to full-time office or other office
that conflicts with current employment must resign or forfeit employment upon
assuming office.
(c) Any employee
whose employment is entirely federally funded must resign from or forfeit such
employment upon becoming a candidate for any elective office.
(d) Any employee who engages in prohibited
political activity will be subject to appropriate action, up to and including
termination of employment. Such termination of employment will be considered a
voluntary forfeiture of employment under Rule 478-1-.15, Changes to Employment
Status and Rule 478-1-.28, Voluntary Separation for Classified Employees.
(7)
Non-discrimination and Anti-Retaliation:
(a) The State will not discriminate for or
against any person or employee in any employment matter because of political
affiliation.
(b) Retaliating
against any employee, contractor, vendor, or customer for engaging in
permissible political activity is prohibited.
O.C.G.A.
§§
45-20-3, 45-20-3.1, 45-20-4.