This guy got dinged for composing a published article. Yikes. I wonder if a letter to the editor is also proscribed activity.CONCLUSIONS OF LAW
Article X, Section 9(A) of the state constitution provides in pertinent part as follows:
No . . . employee in the classified service shall participate or engage in political activity; . . . except to exercise his right as a citizen to express his opinion privately, to serve as a commissioner or official watcher at the polls, and to cast his vote as he desires.Article X, Section 9(C) defines "political activity" as "an effort to support or oppose the election of a candidate for political office or to support a particular political party in an election." The same prohibition is reiterated in Civil Service Rule 14.1(e) and the definition of "political activity" is reiterated in Civil Service Rule 1.24.1.
In this case, respondent wrote, for publication, a column that opposed the election of a candidate (Bush) for political office (the Presidency) and supported a particular political party (the Democratic Party) in an election. This is a clear violation of the Article; respondent far exceeded his right "as a citizen to express his opinion privately."
Accordingly, pursuant to Section 10(A)(4) of the Civil Service Article, respondent is hereby suspended for a period of 5 working days. At the option of his employing agency, a reduction in pay that is the economic equivalent of a 5 day suspension may be substituted for this suspension. In deciding the appropriate penalty, the Commission took into consideration respondent's years of service as well as the fact that the violation was not wilful.