West Virginia Code of State Rules › Agency 217 - Transportation, Department of › Title 217 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION › Series 217-01 - Employment Procedures › Section 217-1-14 - Political Activities

Current through Register Vol. XLI, No. 28, July 12, 2024
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.