§ 45-58A-70.38 — Prohibited Activities

Alabama § 45-58A-70.38

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 58A: Shelby County Municipalities
• Art. 7: Helena
• Part 1: Employees

Text

(a)
Activities prohibited shall be as follows:
(1)
No person shall be appointed or promoted to, or dismissed from any position, or in any way favored or discriminated against with respect to employment because of sex, political or religious opinions or affiliations, or race.
a.
No person shall seek or attempt to use any political endorsement in connection with any appointment to a position.
b.
No person, directly or indirectly, shall use any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position, an increase in pay, or any other advantage in employment in a position, for the purpose of influencing the vote or political action of any person, or for any consideration.
c.
No person in the employment of the city, whether classified or unclassified, shall be denied the right to participate in city, county, and state political activities to the same extent as any other citizen of the State of Alabama, including endorsing candidates and contributing to campaigns.
d.
Persons in the employment of the city may join local political clubs and organizations and state or national political parties.
e.
Persons in the employment of the city may publicly support issues of public welfare, circulate petitions calling for, or in support of, referendums and the right to contribute freely to those of his or her choosing.
(2)
No person shall attempt to use political authority or position for the purpose of influencing the vote or political action of any person. Any person who violates this subdivision shall be guilty of a felony 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.
(b)
Candidacy for public office shall be as follows:
(1)
In the event an employee resigns his or her position for the purpose of becoming a candidate for nomination or election to public office, he or she shall be eligible for a leave of absence without pay if the following conditions are met:
a. A written resignation is submitted to the appointing authority stating the purpose of the resignation with a copy forwarded to the director.
b. Within the six-month period next succeeding the day of resignation, he or she is reinstated to the eligible list for the position.
c. The position has not been filled between the day of the resignation and the day of the appointment.
d. He or she is reappointed to the position within the six-month period next succeeding the day of resignation.
(2) If each of the foregoing conditions are met, the employee shall be considered as having been on a leave of absence.
(c) In order to avoid a conflict of interest, an appointing authority shall require a classified employee who wishes to engage in any outside work or activity for personal profit, file a written request setting out the nature of the outside employment. Reasons for rejection of the request shall be limited to whether the employment would cause a conflict of interest or is incompatible with an employee’s position in the classified service.
(d) All elected authorities and officials shall assist in the implementation and maintenance of this part.

Legislative History

(Act 92–201, p. 442, § 39.)