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18.1. The Constitution of the State of West Virginia, and
subsequent legislative and legal action, authorizes and designates
the Commissioner of Agriculture as an independently elected constitutional
office. As such, employees of the Department of Agriculture are
exempt from most of the provisions of the state personnel laws affecting
classified employees. The purpose of this section of the policy
is to establish guidelines for political activities that are permitted
and prohibited by employees.
18.2. In certain cases, the Federal Hatch Act (5 US Code
1501-1508) is more restrictive than state law and the department
policy. Therefore, to the extent that employees are covered by the
Hatch Act, the provisions of this section of the policy do not apply.
The Federal Hatch Act governing state and local employees applies
to any "individual employed by a state or local agency 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, but does not include (a.) an individual
who exercises no functions in connections with that activity..."
18.3. Employees do not forfeit their rights as citizens.
In fact, the Commissioner encourages employees to participate in
the political process. An employee retains the right to vote as
he/she chooses and to express opinions as a citizen on all subjects.
18.4. Political affiliation shall not be a consideration
in any personnel action taken by the Commissioner and shall not
be a factor in the conduct of the business of the Department.
18.5. Employees of the Department of Agriculture are prohibited
from:
..........18.5.a. being a candidate
for any national or state paid political office or court of record;
..........18.5.b. being a candidate
for any paid local elected position (partisan or non-partisan);
..........18.5.c. using any
official authority or influence to interfere or influence an election
or nomination for office;
..........18.5.d. posting or
distributing campaign literature or material in a state office building
or other state facility;
..........18.5.e. posting or
distributing campaign literature or material in or on a state vehicle;
..........18.5.f. directly or
indirectly coercing, attempting to coerce, commanding, or advising
another employee to pay, lend, or contribute anything of value to
a political party, organization, agency or person for political
purposes; or
..........18.5.g. conducting
campaigning activities on Department owned or operated property
(including arranging for campaigning by candidates) and may not
conduct such activities among employees who are performing the work
of the Department.
18.6. Employees of the Department of Agriculture may:
..........18.6.a. voluntarily
campaign for a candidate or political party during non-work time,
off state property, and without use of state supplies or equipment;
providing that these activities are within the provisions of applicable
election guidelines and laws and so long as the employee is not
paid a fee other than expenses incurred;
..........18.6.b. voluntarily
sell or purchase tickets to political affairs, dinners, rallies,
or events during non-work time; provided that supervisors and managers
may not sell, or attempt to sell such tickets to subordinate employees;
..........18.6.c. voluntarily erect
campaign signs, material, or literature on private property as long
as the property is not used as a state office or an official office
headquarters site;
..........18.6.d. voluntarily
attend political dinners, rallies, and dances;
..........18.6.e. voluntarily
serve on campaign committees for a candidate, so long as he/she
is not receiving compensation for the service;
..........18.6.f. voluntarily
make a monetary contribution to a political party or candidate not
to exceed limitations established by law; and
..........18.6.g. be a candidate
for a local non-paid political office (partisan or non partisan);
provided that the campaign activities or the duties of the office
are not conducted during Department work time.
18.7. Employees who violate the provisions of this policy
will be subject to disciplinary action under the terms of the Department's
Progressive Disciplinary policy as outlined in Section 15 of this
policy.
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