Section 107 of the Civil Service Law provides as follows:
Sec. 107. Prohibition against certain political activities;
improper influence. 1. Recommendations based on political
affiliations. No recommendation or question under the authority
of this chapter shall relate to the political opinions or
affiliations of any person whatever; and no appointment or
selection to or removal from an office or employment within the
scope of this chapter or the rules established thereunder, shall
be in any manner affected or influenced by such opinions or
affiliations. No person in the civil service of the state or of
any civil division thereof is for that reason under any
obligation to contribute to any political fund or to render any
political service, and no person shall be removed or otherwise
prejudiced for refusing so to do. No person in the said civil
service shall discharge or promote or reduce, or in any manner
change the official rank or compensation of any other person in
said service, or promise or threaten so to do, for giving or
withholding or neglecting to make any contribution of money or
service or any other valuable thing for any political purpose.
No person in said service shall use his official authority or
influences to coerce the political action of any person or body
or to interfere with any election.
2. Inquiry concerning political affiliations. No person
shall directly or indirectly ask, indicate or transmit orally or
in writing the political affiliations of any employee in the
civil service of the state or of any civil division thereof or of
any person dependent upon or related to such an employee, as a
test of fitness for holding office. A violation of this
subdivision shall be deemed a misdemeanor and conviction thereof
shall subject the person convicted to a fine of not less than one
hundred dollars nor more than five hundred dollars or to
imprisonment for not less than thirty days nor more than six
months, or to both such fine and imprisonment. Nothing herein
contained shall be construed to prevent or prohibit inquiry
concerning the activities, affiliation or membership of any
applicant or employee in any group or organization which
advocates that the government of the United States or of any
state or of any political subdivision thereof should be
overturned by force, violence or any unlawful means.
3. Political assessments. No officer or employee of the
state or any civil division thereof shall, directly or
indirectly, use his authority or official influence to compel or
induce any other officer or employee of the state or any civil
division thereof, to pay or promise to pay any political
assessment, subscription or contribution. Every officer or
employee who may have charge or control in any building, office
or room occupied for any governmental purpose is hereby
authorized to prohibit the entry of any person, and he shall not
knowingly permit any person to enter the same for the purpose of
making, collecting, receiving or giving notice therein, of any
political assessment, subscription or contribution; and no person
shall enter or remain in any such office, building or room, or
send or direct any letter or other writing thereto, for the
purpose of giving notice of, demanding or collecting a political
assessment; nor shall any person therein give notice of, demand,
collect or receive any such assessment, subscription or
contribution. No person shall prepare or take any part in
preparing any political assessment, subscription or contribution
with the intent that the same shall be sent or presented to or
collected of any officer or employee subject to the provisions of
this chapter, and no person shall knowingly send or present any
political assessment, subscription or contribution to or request
its payment of any said officer or employee. Any person
violating any provision of this subdivision shall be guilty of a
misdemeanor.
4. Prohibition against promise of influence. Any person,
who while holding any public office, or in nomination for, or
while seeking a nomination or appointment for any public office,
shall corruptly use or promise to use, whether directly or
indirectly, any official authority or influence, whether then
possessed or merely anticipated, in the way of conferring upon
any person, or in order to secure or aid any person in securing
any office or public employment, or any nomination, confirmation,
promotion or increase of salary, upon the consideration that the
vote or political influence or action of the last-named person,
or any other, shall be given or used in behalf of any candidate,
officer or party, or upon any other corrupt condition or
consideration, shall be deemed guilty of bribery or an attempt at
bribery. Any public officer, or any person having or claiming to
have any authority or influence for or affecting the nomination,
public employment, confirmation, promotion, removal, or increase
or decrease of salary of any public officer, who shall corruptly
use, or promise, or threaten to use any such authority or
influence, directly or indirectly in order to coerce or persuade
the vote or political action of any citizen or the removal,
discharge or promotion of any officer or public employee, or upon
any other corrupt consideration, shall also be guilty of bribery
or of an attempt at bribery. Every person found guilty of such
bribery, or an attempt to commit the same, as aforesaid, shall,
upon conviction thereof, be liable to be punished by a fine of
not less than one hundred dollars nor more than three thousand
dollars, or to imprisonment for not less than ten days nor more
than two years, or to both such fine and imprisonment in the
discretion of the court.
SEARCHING FOR INFORMATION
You may search for information by typing a key word or term in the "search blog" box provided in the upper-left of this page. All of the decisions containing that word or phrase will be set out in a new screen.
In the alternative, you may go to a particular decision by clicking on one of the "captions" in the Archives list to the right.
0 comments:
Post a Comment