West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-16 - Political Activities

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				Prohibition of Political Activities.
16.1.a.
				An appointing authority shall 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.
16.1.b. A person shall not seek or attempt to
				use any political endorsement in connection with any appointment in the
				classified service.
16.1.c. A
				person shall not 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.
16.1.d. An employee in the classified service
				or member of the Board or the Director shall not, 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.
16.1.e.
				Notwithstanding any other provision of the W. Va. Code, an employee in the
				classified service shall not:
16.1.e.1. 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;
16.1.e.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,
16.1.e.3. 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.
16.1.f. 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.
16.1.g. 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.