Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 5 - STANDARDS OF EMPLOYEE CONDUCT › Section 27-120-5.9 - POLITICAL ACTIVITY

Current through June 25, 2024
Personnel administration must be conducted in an atmosphere
				  free from political influence or coercion.
Political Contributions and
				  Services
No State Service employee may be obliged, by reason of his or
				  her employment, to contribute to a political fund or to render political
				  service, and he or she may not be removed or otherwise prejudiced for refusal
				  to do so.
Use of Official Authority or Influence to
				  Coerce Political Action
No State Service employee may use his or her official
				  authority or influence to coerce the political action of a person or
				  body.
Fair Treatment of Applicants and
				  Employees
Each appointing authority will assure fair treatment of
				  applicants and employees in all aspects of personnel administration without
				  regard to political affiliation.
Freedom From Political
				  Coercion
Each appointing authority will assure that employees are free
				  from coercion for partisan or political purposes. State law requires a
				  personnel system that assures employees are free from coercion for partisan or
				  political purposes and shall receive fair treatment in all aspects of personnel
				  administration without regard to political
				  affiliation
.
Informing Employees of Political Activities
				  Laws
Each appointing authority will inform all employees of which
				  political activities are permitted or prohibited by law.
Violation of Provisions
Any employee in the State Service who violates any of the
				  provisions of this section may be subject to appropriate disciplinary
				  action.
Prohibited Political
				  Activity
Mississippi law prohibits any agency or appointing authority
				  from attempting to direct or coerce any state employee to vote or not to vote
				  and from either discharging or threatening to discharge, changing the salary
				  of, or promoting or demoting any State employee because of the employee's vote
				  or failure to vote for any particular candidate or group of candidates. State
				  law further prohibits any agency or employee of any agency with the authority
				  to employ or discharge other employees from giving out or circulating any
				  statement or report that is calculated to intimidate, coerce, or otherwise
				  influence any employee as to the employee's vote. If any such statement or
				  report is circulated, the agency must publicly repudiate it or will be deemed
				  to have circulated the statement. Agencies are also prohibited from requesting,
				  directing or allowing any employee to canvas for or otherwise render any
				  services for or against any candidate or group of candidates during working
				  hours or while an employee is on vacation or other leave of absence at the
				  expense of the agency. No State employee, at the expense, in whole or part, of
				  his or her employer, may take any part whatsoever in any election campaign
				  except the time necessary to cast his or her vote.
No one who has any control over, directly or indirectly, the
				  expenditure of any public funds in the State of Mississippi may suggest or
				  intimate either publicly or privately that any such expenditure will in any way
				  depend on or be influenced by the vote of any person or groups of
				  persons.
No person may, in order to promote his or her own candidacy
				  or that of any other person for public office in Mississippi, directly or
				  indirectly promise to appoint or secure or assist in securing the appointment,
				  nomination or election of another person to any public position or employment
				  or the employment of any person under any public contract or the expenditure of
				  any public funds in the personal behalf of any particular person or group.
				  However, a candidate for election may publicly announce his position in
				  relation to an election in which he may be called on to take part if elected.
				  This prohibition is further inapplicable to a sheriff, chancery clerk, circuit
				  clerk or any other person of the State or county when it comes to his or her
				  office force.
>
The Hatch Act
The federal "Hatch Act,"
				  5 U.S.C. §§
										1501
et seq.,
covers
				  individuals employed by State or local agencies receiving federal loans or
				  grants whose principal employment is in connection with an activity which is
				  financed in whole or in part by loans or grants made by the United States or a
				  federal agency. A State or local officer or employee may not (1) use his
				  official authority or influence for the purpose of interfering with or
				  affecting the result of an election or a nomination for office; (2) 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 3) if the
				  salary of the employee is paid
completely
, directly, or
				  indirectly, by loans or grants made by the United States or a Federal agency,
				  be a candidate for a partisan elective office. Under federal guidelines, all
				  State or local employees regardless of funding may be a candidate in a
				  nonpartisan election.
The Hatch Act regulations which are applicable to State and
				  local employees may be found in the Code of Federal Regulations at
				  5 C.F.R. §
										151.101
et seq.
In cases
				  where the Hatch Act is applicable, the State of Mississippi may additionally
				  place more strict prohibitions on the political activity of its employees.
				  Additional information about the Hatch Act can be found at
http://www.osc.gov/Pages/HatchAct.aspx
.
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Agency Specific
				  Prohibitions
Several State agencies have specific laws which relate to the
				  political activity of its employees. Those agencies are responsible for
				  informing all employees of which political activities are permitted or
				  prohibited pursuant to the law applicable to that agency's
				  employees.