HomeMy WebLinkAbout11/14/2011 Item 057 MOHAVE COUNTY REQUEST FOR BOARD ACTION FORM From: Ron Walker, County Manager FORMAL ACTION ❑ CONSENT ■ Date: November 3, 2011 RESOLUTION ❑ OTHER ❑ BOS Meeting Date: November 14, 2011 INFORMATION ONLY ❑ SUMMARIZE THE ISSUE & DESIRED ACTION CLEARLY /ATTACH BACKUP MATERIAL: RECOMMENDATION: Move to approve proposed modifications to Mohave County Merit Rule Article 5. Conditions of Employment, Rule 502 Political Activity. Reviewed and Approved By: County Attom Y Personnel ❑ Finance ❑ County Manage Board Action Taken: Approved as Requested ❑ No Action Taken x Disapproved ❑ Continued to ❑ Approved with the following changes: Acknowledged receipt and referred to Filing Information and Retrieval Filed Bid Filed Agreement BOS Resolution iled Yearly Correspondence C Filed Petition Filed Dedication Filed Land Sold Filed Land Acquired Filed Franchise I.D. Resolution Filed Improvement District Filed Other Date Routed: I III b I j 1 Additional Information: XC: You are reminded that items for the agenda, along with complete backup, must be in the County Managerrlls Office 10 days prior to Board Meeting. Item No. -5-7 ARTICLE 5. CONDITIONS OF EMPLOYMENT EFFECTIVE DATE: 05/15/91 RULE 502. POLITICAL ACTIVITY REVISED DATE: 04/17/00 A. POLITICAL ACTIVITY 1. Mohave County employees have the right to vote and to express personal opinions about political candidates and ballot propositions. 2. Political activity is defined as any activity directed towards the success or failure of a political party, candidate for partisan elected office, a ballot proposition, or a partisan political group. Formatted: Strikethmugh 1. Use &V pelifieal eftdefseffient_�� AANOPAtiAn with any appointment to a position in 2. Use or. promise to use any effleial author-ity or influenee fer- the pufpose of inflameing the Vote or- politieal aefion of any per-son or- fer- any eensideffifien. B. PROHIBITED POLITICAL ACTIVITY Mohave County employees shall not: I. Be a candidate for nomination or election to any paid or unpaid partisan Mohave County public office, or actively take part in any such political campaign. 2. Use or promise to use any official authority or influence for the purpose of influencing the vote or political action of any person. 3. Engage in any political activity while performing their duties as County employees. C. PERMISSIBLE POLITICAL ACTIVITIES DURING NON -WORK HOURS: County employees shall retain the right 1. Register and vote in any election. 2. Express their opinion as an individual privately and publicly. 3. Display a political picture, sticker, badge or button. 4. Participate in the partisan and non - partisan activities of a civic community, social_ or professional organization. 5. Participate as a member of a political party or other political organizationk-its- Formatted: Strikethrough petiv - ---------------------------------------------------------- ----- ----- ------ ---- - - - - -- FormattM: Strikethrough 6. Attend a political party convention, fund - raising function, caucus or similar gathering of a political party in support of or in opposition to a partisan candidate for public office or political party office. 7. Sign apolitical petitiongs- e>;-ind}yjd�. Formatteed: strikemrough - - - - - - -- ------ - - - - -- - - - - ------------------------ - - - - -- - - -- 8. Make a financial contribution to a political candidate, party or organization. 9. Be active in non - partisan elections or ballot propositions when not performing their duties as County employees A-un for- --- --- -- Formatted: Strikethrough ' • - -- - - - Pormaned: S rikethrough ehaFaeteF 10. Serve as an election judge or clerk or in a similar position to perform non - partisan duties as prescribed by state or local law. 11. Be a member of any national, state or local committee of a political party in a manner which does notineterisHy compromise the neutrality_, efficiency or .............. Formatted: Strikethrough - ---- - - - - -- - integrity of Mohave Count Formatted• Strikethrough 12. Be an officer or chairman of a committee of a partisan political club in a manner which does not mater-iei compromise then_ eutrality, efficiency or inteoty_of ___ __ " "- Formatted: Strikethmugh Mohave County ' _ _ _ _ _ _ '_ _ ' _ ----------- - - - - - -- roug 13. Take part in the management or affairs of any political party or in any political_ campaign in a manner that does notpmteFiell compromise the neutrality_, Stdkethmugh ---- - - - - -- -- - efficiency or integrity of Mohave Coun '_____________ '___ '__________ - "" Formatted: Strikethrough depai4meat a 0 - --- it a - --- i 9 f i - - -- ' -- ----------- ---- -- -- --- --- Formatted: Strikethrough 14. Otherwise participate fully in public affairs, in a ---------- - - - - -- manner which does notes com romise_the neutrali ecienc inte _` Strikethrough p - ---- - - -y' - - Y fi of Mohave Count --------- - - - - -" . Fornwtted: Stdkethrough - --- - - - -- ------------------------- -- - - -- . Formatted• Strikethrough 15. Nothing contained in these policies is intended to deny any County employee their civil or political liberties as guaranteed by the United States and Arizona Constitutions. C. HATCH ACT: All employees, particularly those in positions which are federally - funded or who have duties and responsibilities with federally- funded programs and who are seeking election to partisan elected offices, are cautioned that they should review 5 USCA 1501, et seq., to determine if their candidacies or other political activities would be in violation of the Federal fAgch Act as applied to state and local employees, Any such Deleted: b violation is prohibited political activity under this Rule. D. COERCED POLITICAL ACTIVITY: No employee may be required by any County official or employer as a condition of employment, promotion or otherwise, to participate or not participate in and election n for any public office or p urpose ja- ate}- Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough E. - - - Formatted: Strikethrough expense. 402, an employee she!! not engage ift any selivify pemioed by this Rmle while en dtAy F-.—PENALTY: Any employee who participates in any prohibited political activity shall be subject to discipline in accordance with Mohave County Merit Rules _ '_____ __ - - " -- Formatted: Strikethrough pay for- not l ess that thiny (30) days er dismissed. F. MOHAVE COUNTY PARTISAN PUBLIC OFFICE: The following elected offices are deemed Mohave County elected partisan offices for purposes of this section: a. County Supervisor b. County Assessor c. County Recorder d. County Treasurer e. County Sheriff f. County Attorney g. County School Superintendent ARTICLE 5. CONDITIONS OF EMPLOYMENT EFFECTIVE DATE: 05/15/91 RULE 502. POLITICAL ACTIVITY REVISED DATE: 04/17/00 A. NON - PERMITTED ACTIVITY: No employee shall: 1. Use any political endorsement in connection with any appointment to a position in the classified service. 2. Use or promise to use any official authority or influence for the purpose of influencing the vote or political action of any person or for any consideration. B. PERMISSIBLE POLITICAL ACTIVITIES DURING NON -WORK HOURS: County employees shall retain the right 1. Register and vote in any election. 2. Express their opinion as an individual privately and publicly. 3. Display a political picture, sticker, bag or button. 4. Participate in the partisan and non - partisan activities of a civic community, social or professional organization. 5. Participate as a member of a political parry or other political organization in its activities to the to the extent consistent with law. 6. Attend a political party convention, fund - raising function, caucus or similar gathering of a political party in support of or in opposition to a partisan candidate for public office or political party office. 7. Sign a political petition as an individual. 8. Make a financial contribution to a political candidate, party or organization. 9. Run for or support the candidacy of a person running for a paid or non -paid partisan or non - partisan position, in a manner which does not materially compromise the neutrality, efficiency or integrity of his/her administration or function in the department or create a conflict or apparent conflict of interest. if the employee's election activities prevent the employee from performing his/her County duties or adversely affect the employee's performance of his/her county duties or the operation of the employee's department, the employee may be placed on a leave without pay status in accordance with Merit ?Rule 408. 10. Be politically active in connection with a question that is not specifically identified with a political party such as constitutional amendment, referendum approval of a municipal ordinance or any other question or issue of a similar character. 11. Serve as an election judge or clerk or in a similar position to perform non - partisan duties as prescribed by state or local law. 12. Be a member of any national, state or local committee of a political party in a manner which does not materially compromise the neutrality, efficiency or integrity of his/her administration or function in the department or create a conflict or apparent conflict of interest. 13. Be an officer or chairman of a committee of a partisan political club in a manner which does not materially compromise the neutrality, efficiency or integrity of his/her administration or function in the department or create a conflict or apparent conflict of interest. 14. Take part in the management or affairs of any political party or in any political campaign in a manner that does not materially compromise the neutrality, efficiency or integrity of his /her administration or function in the department or create a conflict or apparent conflict of interest. 15. Otherwise participate fully in public affairs, except as prohibited by law, in a manner which does not materially compromise the neutrality, efficiency or 41 ARTICLE 5. CONDITIONS OF EMPLOYMENT EFFECTIVE DATE: 05/15/91 RULE 502. POLITICAL ACTIVITY REVISED DATE: 04/17/00 integrity of his/her administration or function in the department or create a conflict or apparent conflict of interest. C. HATCH ACT: All employees, particularly those in positions are federally- funded or who have duties and responsibilities with federally - funded programs and who are seeking election to partisan elected offices, are cautioned that they should review 5 USCA 1501, et seq., to determine if their candidacies or other political activities would be in violation of the Federal hatch Act as applied to state and local employees. Any such violation is prohibited political activity under this Rule. D. COERCED POLITICAL ACTIVITY: No employee may be required by any County official or employer as a condition of employment, promotion or otherwise, to participate or not participate in any election campaign for any public office in any partisan political activity whatsoever. E. EXCEPTIONS: Except for expressing his/her opinion or voting pursuant to A.R.S. § 16 -402, an employee shall not engage in any activity permitted by this Rule while on duty, while in uniform, or at public expense. F. PENALTY: Any employee who participates in any prohibited political activity shall be subject to suspension without pay ofr not less that thirty (30) days or dismissed. 42 ARTICLE 5. CONDITIONS OF EMPLOYMENT EFFECTIVE DATE: OS/15/91 RULE 502. POLITICAL ACTIVITY REVISED DATE: 04/17/00 A. NON-PERMITTED ACTIVITY: No employee shall: 1. Use any political endorsement in connection with any appointment to a position in the classified service. 2. Use or promise to use any official authority or influence for the purpose of influencing the vote or political action of any person or for any consideration. B. PERMISSIBLE POLITICAL ACTIVITIES DUKING NON-WORK HOURS: County employees shall retain the right 1. Register and vote in any election. 2. Express their opinion as an individual privately and publicly. 3. Display a political picture,sticker, bag or button. 4. Participate in the partisan and non-partisan activities of a civic community, social or professional organization. 5. Participate as a member of a political party or other political organization in its activities to the to the extent consistent with law. 6. Attend a political party convention, fund-raising function, caucus or similar . gathering of a political party in support of or in opposition to a partisan candidate for public o�ce or political party office. 7. Sign a political petition as an individual. 8. Make a financial contribution to a political candidate, party or organization. 9. Run for or support the candidacy of a person running for a paid or non-paid partisan or non-partisan position, in a manner which does not materially compromise the neutrality, ef�iciency or integrity of his/her administration or function in the department or create a conflict or apparent conflict of interesi. If the employee's election activities prevent the employee from performing his/her County duties or adversely affect the employee's performance of his/her county duties or the operation of the employee's department,the employee may be placed on a leave without pay status in accordance with Merit ?Rule 408. l0. Be politically active in connection with a question that is not specifically identified with a political party such as constitutional amendment, referendum , approva! of a municipal ordinance or any other question or issue of a similar character. 11. Serve as an election judge or clerk or in a similar position to perform non-partisan duties as prescribed by state or local law. 12. Be a member of any national, state or local committee of a political party in a manner which does not materially compromise the neutrality, efficiency or integrity of his/her administration or function in the department or create a conflict or apparent conflict of interest. 13. Be an ofFicer or chairman of a committee of a partisan political club in a manner which does not materially compromise the neutraliry,efficiency or integrity of his/her administration or function in the department or create a conflict or apparent conflict of interest. I 14. Take part in the management or affairs of any political party or in any political campaign in a manner that does not materially compromise the neutrality, efficiency or integrity of his/her administration or function in the department or create a conflict or apparent conflict of interest. 15. Otherwise participate fully in public affairs, except as prohibited by law, in a manner which does not materially compromise the neutrality, efficiency or 41 ARTICLE 5.CONDITIONS OF EMPLOYMENT EFFECTIVE DATE: OS/15/91 RULE 502. POLITICAL ACTIVITY REVISED DATE: 04/17/00 integrity of his/her administration or function in the department or create a conflict or apparent conflict of interest. C. HATCH ACT: All employees, particularly those in positions are federally-funded or , who have duties and responsibilities with federally-funded programs and who are seeking election to partisan elected offices, are cautioned that they should review 5 USCA 1501, et seq.,to determine if their candidacies or other political activities would be in violation ofthe Federal hatch Act as applied to state and local employees. Any sucii violation is prohibited political activity under this Rule. D. COERCED POLITICAL ACTIVITY: No employee may be required by any County official or employer as a condition of employment, promotion or otherwise, to participate or not participate in any election campaign for any public office in any partisan political activity whatsoever. E. EXCEPTIONS: Except for expressing his/her opinion or voting pursuant to A.R.S. § 16-402, an employee shall not engage in any activity permitted by this Rule while on duty,while in uniform,or at public expense. F. PENALTY: Any employee who participates in any prohibited political activity shall be subject to suspension without pay ofr not less that thirty(30)days or dismissed. 42