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Chapter 14: Prohibited Activities

14.1 Prohibited Activities

(a) No person shall be appointed or promoted to, or demoted, or dismissed from any position in the Classified Service, or in any way favored or discriminated against with respect to employment in the Classified Service, because of his or her political or religious opinions or affiliations, race, sex, or membership or non-membership in any private organization.

(b) No employee in the Classified Service and no member of the Commission shall, directly or indirectly, pay or promise to pay any assessment, subscription, or contribution for any political party, faction, or candidate, or solicit or take any part in soliciting any such assessment, subscription or contribution of any employee in the Classified Service.

(c) No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in a position in the classified service, except as services may be provided pursuant to a temporary staffing services contract with the State as approved by the Director pursuant to these rules.

(d) No appointing authority, agent, or deputy thereof, or supervisor of any employee, shall directly or indirectly demote, suspend, discharge, or otherwise discipline any person in the Classified Service for purpose of influencing his vote, support, or other political activity in any election or primary election; and no appointing authority, agent or deputy thereof, or other person, shall use his official authority or influence, by threats, promises, or other means, directly or indirectly, to punish or coerce the political action of any employee in the Classified Service.

(e) No employee in the classified service and no member of the Commission shall

  1. Participate or engage in political activity.
  2. Be a candidate for nomination or election to public office, except to seek election as the Classified State employee serving on the State Civil Service Commission.
  3. Be a member of any national, state, or local committee of a political party or faction.
  4. Take active part in the management of the affairs of a political party, faction, candidate, or any political campaign, except to exercise his right as a citizen to express his opinion privately, to serve as a commissioner or official watcher at the polls, and to cast his vote as he desires.
  5. Take active part in an effort to recall from office an elected public official, or seek, solicit or attempt to coerce any person including any employee in the classified service and any member of the Commission into participating in any such effort or signing a recall petition except that nothing contained herein shall prevent an employee in the classified service or member of the Commission from signing a recall petition.

(f) No person elected to public office shall, while serving in such elective office, be appointed to or hold any position in the Classified Service.

(g) The support of issues involving bonded indebtedness, tax referenda, or Constitutional amendments shall not constitute prohibited activity within the meaning of this Rule.

(h) No person shall be appointed to or employed in a position in the Classified Service under any class title which has not been approved by the Director as appropriate to the duties to be performed.

(i) No employee shall receive any compensation except as authorized by or pursuant to the provisions of Article X, the Civil Service Rules, the Uniform Classification and Pay Plans, and the policies and procedures issued by the Director.

(j) No person shall make any false statement, certificate, mark, rating, form or report with regard to any application, test, certification, personnel transaction, appointment or employment made under any provision of the Article, the Rules, or a regulation of the Department of Civil Service, or in any manner commit or attempt to commit any fraud preventing the impartial execution of the Article, Rules and regulations.

(k) No applicant for examination, eligible on any register, appointing authority or his agent, or State employee, shall directly or indirectly persuade, induce or coerce or attempt to persuade, induce or coerce any prospective applicant or eligible to withhold filing application or to withdraw from competition or eligibility for positions in the Classified Service for the purpose of either improving or injuring the prospects for appointment of any such applicant or eligible. The penalty for violation of this sub-section by applicants or eligibles shall be cancellation by the Director of any or all applications or eligibilities. The Commission, after investigation and hearing, may also impose such penalties as may be provided by the Article against any person in violation thereof.

(l) Discrimination as defined in Rule 1.14.1 is prohibited.

(m) It shall be the duty of every classified employee to assist the Commission and the Department of State Civil Service in effectively carrying out the provisions of the Article and Rules, and to assist the State Police Commission in effectively carrying out the provisions of Article X, Part IV, and the Rules of the State Police Commission, and to answer truthfully, whether under oath or otherwise, all proper questions put to him by authorized representatives of the Department or the Commission, or of the State Police Commission.

(n) No action shall be taken or authorized to be taken by any person without approval of the Commission or the Director when such approval is required by either the State Constitution or Civil Service Rule.

(o) No person shall fail to comply with any order or directive of the Commission unless such order or directive is otherwise stayed by a Court of proper jurisdiction or unless within the time limits provided by applicable rule or law.

(p) Except with the prior approval of the Commission, no person shall be placed in any classified position in a department in which he/she is, or within the past two years was, a statutory appointing authority.

(q) No person shall fail to comply with any order or directive issued by the Director pursuant to the authority granted by the rules.

(r) No person shall fail to comply with any agency policy or procedure when the rules require either the Director or the Commission to specifically approve such policy or procedure, and where such approval has been obtained.

(s) No person shall fail to comply with any delegation agreement.

14.1.1 Repealed effective January 1, 1975

14.2 Repealed effective January 1, 1963

14.3 Amended and re-enacted effective March 15, 1966 as parts of Rules 16.3 and 16.19

14.4 Amended and re-enacted effective March 15, 1966 as parts of Rules 16.1, 16.10, and16.19