WILLIAM DONALD SCHAEFER, Governor

Ch. 10

3-205. RESTRICTIONS ON POLITICAL ACTIVITIES.
AN EMPLOYEE MAY NOT:

(1)      ENGAGE IN POLITICAL ACTIVITY WHILE ON THE JOB DURING
WORKING HOURS; OR

(2)      ADVOCATE THE OVERTHROW OF THE GOVERNMENT BY
UNCONSTITUTIONAL OR VIOLENT MEANS.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 33, § 28-1(1) and (2), as those items related to State
employees.

In item (2) of this section, the conjunction "or" is substituted for "and" to
clarify that advocating the overthrow of the government by either
unconstitutional or violent means is prohibited.

3-206. REQUIRING POLITICAL CONTRIBUTIONS PROHIBITED.

(A)     "POLITICAL CONTRIBUTION" DEFINED.

IN THIS SECTION, "POLITICAL CONTRIBUTION" MEANS A CONTRIBUTION AS
DEFINED IN ARTICLE 33, § 1-1(5) OF THE CODE.

(B)     PROHIBITIONS.

AN EMPLOYEE MAY NOT REQUIRE ANOTHER EMPLOYEE TO MAKE A
POLITICAL CONTRIBUTION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 1-302(a) and (c).

In subsection (a) of this section, the cross-reference to the definition of
"contribution" in Art. 33, § 1-1(5) is substituted for former Art. 41, §
1-302(c), which contains a definition substantively identical to Art. 33, §
1-1(5). The substitution is made to avoid unintended language variations if
the definition in Art. 33, § 1-1(5) is amended in the future.

In subsection (b) of this section, the former phrase "whether in an exempt or
nonexempt position" is deleted as unnecessary in light of § 3-201 of this
subtitle, which applies these provisions to all employees.

Former Art. 41, § 1-302(b), which provided for the construction of that
section, is deleted as unnecessary in light of § 3-202 of this subtitle.

The State Personnel Article Review Committee notes, for consideration by
the General Assembly, that it is unclear whether the prohibition against
"employees" requiring political contributions from other employees is
intended to or should include "public officials". Compare § 13-107 of this
article, which prohibits both an "employee" and a "public official" from using
influence in certain personnel matters.

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