18. Political Activities

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.