§ 107 — Prohibition against certain political activities; improper influence

New York § 107

• Jurisdiction: New York
• Law CVS: Civil Service
• Title C: Prohibition Against Certain Activities By Officers and Employees; Penalties
• Art. 7: Enforcement; Prohibitions; Penalties

Text

§ 107. Prohibition against certain political activities; improper\ninfluence. 1. Recommendations based on political affiliations. No\nrecommendation or question under the authority of this chapter shall\nrelate to the political opinions or affiliations of any person whatever;\nand no appointment or selection to or removal from an office or\nemployment within the scope of this chapter or the rules established\nthereunder, shall be in any manner affected or influenced by such\nopinions or affiliations. No person in the civil service of the state or\nof any civil division thereof is for that reason under any obligation to\ncontribute to any political fund or to render any political service, and\nno person shall be removed or otherwise prejudiced for refusing so to\ndo. No person in the said civil service shall discharge or promote or\nreduce, or in any manner change the official rank or compensation of any\nother person in said service, or promise or threaten so to do, for\ngiving or withholding or neglecting to make any contribution of money or\nservice or any other valuable thing for any political purpose. No person\nin said service shall use his official authority or influences to coerce\nthe political action of any person or body or to interfere with any\nelection.\n 2. Inquiry concerning political affiliations. No person shall directly\nor indirectly ask, indicate or transmit orally or in writing the\npolitical affiliations of any employee in the civil service of the state\nor of any civil division thereof or of any person dependent upon or\nrelated to such an employee, as a test of fitness for holding office. A\nviolation of this subdivision shall be deemed a misdemeanor and\nconviction thereof shall subject the person convicted to a fine of not\nless than one hundred dollars nor more than five hundred dollars or to\nimprisonment for not less than thirty days nor more than six months, or\nto both such fine and imprisonment. Nothing herein contained shall be\nconstrued to prevent or prohibit inquiry concerning the activities,\naffiliation or membership of any applicant or employee in any group or\norganization which advocates that the government of the United States or\nof any state or of any political subdivision thereof should be\noverturned by force, violence or any unlawful means.\n 3. Political assessments. No officer or employee of the state or any\ncivil division thereof shall, directly or indirectly, use his authority\nor official influence to compel or induce any other officer or employee\nof the state or any civil division thereof, to pay or promise to pay any\npolitical assessment, subscription or contribution. Every officer or\nemployee who may have charge or control in any building, office or room\noccupied for any governmental purpose is hereby authorized to prohibit\nthe entry of any person, and he shall not knowingly permit any person to\nenter the same for the purpose of making, collecting, receiving or\ngiving notice therein, of any political assessment, subscription or\ncontribution; and no person shall enter or remain in any such office,\nbuilding or room, or send or direct any letter or other writing thereto,\nfor the purpose of giving notice of, demanding or collecting a political\nassessment; nor shall any person therein give notice of, demand, collect\nor receive any such assessment, subscription or contribution. No person\nshall prepare or take any part in preparing any political assessment,\nsubscription or contribution with the intent that the same shall be sent\nor presented to or collected of any officer or employee subject to the\nprovisions of this chapter, and no person shall knowingly send or\npresent any political assessment, subscription or contribution to or\nrequest its payment of any said officer or employee. Any person\nviolating any provision of this subdivision shall be guilty of a\nmisdemeanor.\n 4. Prohibition against promise of influence. Any person, who while\nholding any public office, or in nomination for, or while seeking a\nnomination or appointment for any public office, shall corruptly use or\npromise to use, whether directly or indirectly, any official authority\nor influence, whether then possessed or merely anticipated, in the way\nof conferring upon any person, or in order to secure or aid any person\nin securing any office or public employment, or any nomination,\nconfirmation, promotion or increase of salary, upon the consideration\nthat the vote or political influence or action of the last-named person,\nor any other, shall be given or used in behalf of any candidate, officer\nor party, or upon any other corrupt condition or consideration, shall be\ndeemed guilty of bribery or an attempt at bribery. Any public officer,\nor any person having or claiming to have any authority or influence for\nor affecting the nomination, public employment, confirmation, promotion,\nremoval, or increase or decrease of salary of any public officer, who\nshall corruptly use, or promise, or threaten to use any such authority\nor influence, directly or indirectly in order to coerce or persuade the\nvote or political action of any citizen or the removal, discharge or\npromotion of any officer or public employee, or upon any other corrupt\nconsideration, shall also be guilty of bribery or of an attempt at\nbribery. Every person found guilty of such bribery, or an attempt to\ncommit the same, as aforesaid, shall, upon conviction thereof, be liable\nto be punished by a fine of not less than one hundred dollars nor more\nthan three thousand dollars, or to imprisonment for not less than ten\ndays nor more than two years, or to both such fine and imprisonment in\nthe discretion of the court.\n 5. Violation of this section. Complaints alleging a violation of this\nsection by a statewide elected official or a state officer or employee,\nas defined in section seventy-three of the public officers law, may be\ndirected to the commission on public integrity.\n