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Act No. 95-378 H 94-Reps Page, Petelos, Morrow
An Act
To amend Section 17-1-7, Code of Alabama 1975, to provide that public
employee, including law enforcement officers, firefighters, and peace
officers, may engage in or refrain from participating in political
activity.
Be It Enacted by the Legislature of Alabama;
Section 1. Section 17-1-7, Code of Alabama 1975, is amended to read as
follows:
17-1-7
*(a)(1) No person in the employment of any city, whether classified or
unclassified, shall be denied the right to participate in city, county,
or state political activities to the same extentas any other citizen of
the state of Alabama, including endorsing candidates and contributing to
campaigns of his or her choosing.
*(2) No person in the employment f any county, whether classified or
unclassified, shall be denied the right to participate in city, county,
or state political activities to the same extent as any other citizen of
the state of Alabama, including endorsing candidates and contributing to
campaigns of his or her choosing.
*(3) No person in the employment of the state of Alabama, whether
classified or unclassified, shall be denied the right to participate in
city, county, or state activities to the same extent as any other
citizen of the state of Alabama, including endorsing candidates and
contributing to campaigns of his or her choosing. Notwithstanding the
foregoing, any person within the classified service shall comply with
section 36-26-38.
*(4) All persons in the employment of the city, county, or state shall
have the right to join local political clubs and organizations, and
state or national political parties.
*(5) All persons in the employment of any city, county, or state shall
have the right to support issues of the public welfare, circulate
petitions calling for or in support of referendums, and contribute
freely to those of his or her choosing.
*(b) No person shall attempt to use his or her official authority or
position for the purpose of influencing the vote or political action of
any person. Any person who violates this subsection (b) shall be guilty
of a felony and punishable by a fine not to exceed ten thousand dollars
($10,000) or imprisonment in the state penitentiary for a period not to
exceed two years, or both.
*(c) No person in the employment of the state of Alabama, a county, or
the city whether classified or unclassified, shall use any state,
county, or city funds, property or time, for any political activities.
Any person who is in the employment of the state of Alabama, a county,
or a city shall be on approved leave to engage in political action or
the person shall be on personal time before or after work and on
holidays. It shall be unlawful for any officer or employee to solicit
any type of political campaign contributions from other employees who
work for the officer or employee in a subordinate capacity. It shall
also be unlawful for any officer or employee to coerce or attempt to
coerce and subordinate employee to work I any capacity in any political
campaign or cause. Any person who violates this section shall be guilty
of the crime of trading in public office and upon conviction thereof,
shall be fined or sentenced, or both, as provided by section 13A-10-63.
*(d) Notwithstanding subsection (c), any employee of a county or a city,
whether in the classified or unclassified service, who qualifies to seek
a political office with governmental entity with which he or she is
employed, shall be required to take an unpaid leave of absence from his
or her employment, or use accrued overtime leave, or use accrued
vacation time with the county of city from the date he or she qualifies
to run for office until the date on which the election results are
certified of the employee is no longer a candidate or there are no other
candidates on the ballot. For purposes of this subsection, the term
“employing authority” means the county commission for county employees
or the city council for city employees. Any employee who violates this
subsection shall forfeit his or her employment position. In no event
shall subsection (d) of this act apply to elected officials.
*(e) When off duty, out of uniform, and acting as a private citizen, no
law enforcement officer, firefighter, or peace officer shall be
prohibited from engaging in city, county, or state political activity or
denied the right to refrain from engaging in political activity so long
as there is compliance with this section.”
Section 2. The provisions of this act are severable. If any part of this
act is declared invalid or unconstitutional, that declaration shall not
affect the part which remains.
Section 3. This act shall become effective immediately upon its passing
and approval by the Governor, or upon its otherwise becoming a law.
Approved July 24, 1995
Time: 10:36 A.M. |