City Employee or City Board , Authority, Commission Etc. Member Offering for Elective Office and Political Activity Participation

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As Taken from the City of Atlanta Code of Ordinance

Sec. 114-2. - Standards of conduct prescribed; penalty for violation.

(a)  Any employee offering for election to the office of mayor, president of the city council or member of the city council shall resign from the employee's position with the city, and such resignation shall be effective as of the date upon which such person files with the office of the municipal clerk, her/his "Declaration of Intention to Accept Campaign Contributions" as prescribed by the state ethics commission, or as of the date upon which such person files with the office of the municipal clerk, her/his "Notice of Candidacy and Affidavit", and pays the required qualifying fee, or files a pauper's affidavit in lieu thereof, as prescribed by O.C.G.A. Sec. 21-2-132, or,

If a write-in candidate, the date upon which such person files with the office of the municipal clerk, her/his "Notice of Intent of Write-In Candidacy", as prescribed by O.C.G.A. Sec. 21-2-133, whichever first occurs.

(b)  If an employee of the city offers for an elective office, other than those indicated in subsection (a) of this section, and the employee desires a leave of absence or, in the opinion of the department head, the campaign for the office will conflict with the employee's duties or work hours, the employee shall take a leave of absence as provided by section 114-422.

(c)   No employee shall offer for an elective office without having first filed a written notification, with such employee's department head, of the employee's intent to file as a candidate for elective office. Such notification shall state the office the employee intends to seek, the governmental jurisdiction of the office, the dates of filing for candidacy and the date of the election.

(d)  Should such employee be elected to an office which the department head determines interferes with or affects the employee's duties or hours of city employment, a separation shall be required at a time to be determined by the department head.

(e)  No employee, official or person shall knowingly solicit any assessments, contributions or services for any political party or candidate from any employee of the city.

(f)   Nothing in this section shall affect the right of the employee to hold membership or office in or support a political party and to vote as the employee chooses.

(g)  For the purposes of this section only, a public elected official of the city shall not be considered an employee except for subsection (e) of this section. However, if any member or officer of a commission, council or board created by the city or appointed or confirmed by an elected official or officials of the city, and is not then currently serving as an elected official of the city, or the chair or officer of any neighborhood planning unit or an elected neighborhood planning unit committee member, offers for election to the office of mayor, president of the city council or member of the city council, such member, officer or chair shall resign from such position with any such commission, council or board, or with the neighborhood planning unit. Such resignation shall be effective as of the date upon which such person files with the office of the municipal clerk, her/his "Declaration of Intention to Accept Campaign Contributions" as prescribed by the State Ethics Commission, or as of the date upon which such person files with the office of the municipal clerk, her/his "Notice of Candidacy and Affidavit", and pays the required qualifying fee, or files a pauper's affidavit in lieu thereof, as prescribed by O.C.G.A. Sec. 21-2-132, or, if a write-in candidate, the date upon which such person files with the office of the municipal clerk, her/his "Notice of Intent of Write-In Candidacy," as prescribed by O.C.G.A. Sec. 21-2-133, whichever first occurs.

(h)  No person shall in any manner prevent or attempt to prevent the impartial execution of this chapter or policies or rules promulgated under this chapter.

(i)   No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or valuable consideration for any appointment, proposed appointment, promotion or proposed promotion or any advantage in any position with the city.

(j)   No person shall defeat, deceive or obstruct any person in such person's right of application, eligibility, certification or appointment under this chapter or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the classified service.

(k)  Employees of the city shall be subject to the following rules and regulations concerning political activity:

(1)   No officer or employee shall use official authority or influence for the purpose of interfering with or affecting the result of any election or the nomination for any office.

(2)  Nothing in this section shall be construed to restrict the right of an employee to express privately the employee's opinions on all political subjects and candidates, to maintain political neutrality and to attend political meetings after working hours.

(3)  All employees shall comply with all applicable provisions of the Federal Hatch Political Activities Act as amended by the Federal Election Campaign Act Amendments of 1974, and any subsequent amendments thereto.

(l)   Any person who shall violate subsection (h), (i) or (j) of this section shall, for the period of five years, be ineligible for appointment to or employment in a position with the city, and any officer or employee who shall violate any such subsection shall be dismissed from any office or position held by such officer or employee.

(Ord. No. 2007-22(06-O-2700), § 1, 3-27-07; Ord. No. 2009-50(09-O-1311), § 1, 9-8-09)