2023 New York Laws › CVS - Civil Service › Article 7 - Enforcement; Prohibitions; Penalties › Title C - Prohibition Against Certain Activities by Officers and Employees; Penalties › 105 - Subversive Activities; Disqualification.

§ 105. Subversive  activities;  disqualification. 1. Ineligibility  of
persons advocating overthrow of government by force or  unlawful  means.
No person shall be appointed to any office or position in the service of
the  state  or  of  any  civil  division  thereof,  nor shall any person
employed in any such office or position be continued in such employment,
nor  shall  any  person  be  employed   in   the   public   service   as
superintendent, principal or teacher in a public school or academy or in
a state college or any other state educational institution who:
(a)  by  word of mouth or writing wilfully and deliberately advocates,
advises or teaches the doctrine that the government of the United States
or of any state or  of  any  political  subdivision  thereof  should  be
overthrown or overturned by force, violence or any unlawful means; or
(b)  prints,  publishes,  edits,  issues  or  sells,  any book, paper,
document or written  or  printed  matter  in  any  form,  containing  or
advocating, advising or teaching the doctrine that the government of the
United  States  or  of any state or of any political subdivision thereof
should be overthrown by force, violence or any unlawful means,  and  who
advocates,   advises,  teaches,  or  embraces  the  duty,  necessity  or
propriety of adopting the doctrine contained therein; or
(c) organizes or helps to organize or becomes a member of any  society
or  group  of  persons which teaches or advocates that the government of
the United States or of  any  state  or  of  any  political  subdivision
thereof  shall  be  overthrown  by force or violence, or by any unlawful
means.
For the purposes of this section, membership in the communist party of
the United States of America or the communist party of the state of  New
York  shall  constitute  prima  facie  evidence  of disqualification for
appointment to or retention in any office or position in the service  of
the state or of any city or civil division thereof.
2.  A person dismissed or declared ineligible pursuant to this section
may within four months of such dismissal or declaration of ineligibility
be entitled to petition for an order to show cause signed by  a  justice
of  the  supreme court, why a hearing on such charges should not be had.
Until the final judgment on said hearing is entered, the order  to  show
cause  shall  stay the effect of any order of dismissal or ineligibility
based on the provisions of this section; provided, however, that  during
such  stay  a person so dismissed shall be suspended without pay, and if
the final determination shall be in his favor he shall  be  restored  to
his  position with pay for the period of such suspension less the amount
of compensation which he may have earned  in  any  other  employment  or
occupation  and any unemployment insurance benefits he may have received
during such period. The hearing shall consist of the taking of testimony
in open court with opportunity for  cross  examination.  The  burden  of
sustaining  the validity of the order of dismissal or ineligibility by a
fair preponderance of the credible evidence shall  be  upon  the  person
making such dismissal or order of ineligibility.
3.  Removal  for treasonable or seditious acts or utterances. A person
in the civil service of the state or of any civil division thereof shall
be removable therefrom for the utterance of any treasonable or seditious
word or words or the doing of any treasonable or seditious act  or  acts
while  holding  such  position.  For  the purpose of this subdivision, a
treasonable word or act shall mean "treason", as defined  in  the  penal
law; a seditious word or act shall mean "criminal anarchy" as defined in
the penal law.