My WebLink
|
Help
|
About
|
Sign Out
Home
MIN CHC 1989-11-30
PublicDocuments
>
County Clerk - Council
>
County Clerk
>
Charter Commission
>
1990
>
Minutes
>
MIN CHC 1989-11-30
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
4/9/2018 3:31:46 PM
Creation date
4/9/2018 3:31:45 PM
Metadata
Fields
Template:
AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1989
Meeting date
11/30/1989
Type
MIN
Document Relationships
AGE CHC 1989-11-30
(Related To)
Path:
\County Clerk - Council\County Clerk\Charter Commission\1990\Agendas
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
19
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
The Supreme Court has never decided just how far the <br /> government can go in limiting the political rights of its <br /> employees. It seems clear, though, that it cannot forbid <br /> employees from simply expressing political opinions. For <br /> example, in Blaylock v. United States Merit Protection Board, 851 <br /> F. 2d 1348 (11th Cir. 1988) , the employee in question had written <br /> a series of anti-Reagan, pro-Mondale articles for the union <br /> newspaper. The appellate court held that these did not violate <br /> the Hatch Act (which governs the political activities of federal <br /> employees) , but that even if they had, there would be a serious <br /> constitutional problem in disciplining an employee based on <br /> political expression. In another case, Rogerski v. Board of Fire <br /> and Police Commissioners of Moline, 6 Ill. App. 3d 604, 285 N.E. <br /> 2d. 230 (1973) , the State court declared that it was <br /> unconstitutional to fire a police officer because he had broken a <br /> departmental rule by engaging in a casual political discussion <br /> with a member of the public. As a general rule, the expression <br /> of political opinions by an off-duty government employee will be <br /> protected under the First Amendment if it is not part of an <br /> organized political campaign. Blaylock. <br /> The constitutional issues are not critical in Hawaii because <br /> there is a State statute which places some express limitations on <br /> the political activities of members of the civil service but <br /> which at the same time grants considerable rights. H.R.S. §76-91 <br /> provides: <br /> Political Activities. No person in the civil <br /> service shall (1) use his official authority or <br /> influence for the purpose of interfering with an <br /> election or affecting the result thereof; (2) use his <br /> official authority or influence to coerce the action of <br /> any person or party; (3) be obliged to contribute to <br /> any political fund or to render any political service, <br /> nor shall he be removed or otherwise prejudiced for <br /> refusing to do so or (4) solicit or receive any ' <br /> political contribution from any officer or employee, or <br /> from any person in any State or County building or from <br /> any person receiving any benefit under any law of the <br /> State appropriating funds for relief or public <br /> assistance or discriminate in favor of, or against any <br /> officer or employee on account of political <br /> contribution. <br /> The foregoing prohibited activities shall not be <br /> deemed to preclude the right of any person in the civil <br /> service to vote as he chooses and to express his <br /> opinions on all political subjects and candidates, nor, <br /> to be a member of any political party, organization or <br /> club. Any person in the civil service may make <br /> voluntary contributions to a political organization for <br /> its general expenditures. "Contribution" includes a <br /> 69.6 . <br /> -2- <br />
The URL can be used to link to this page
Your browser does not support the video tag.