SENATE AMENDED
PRIOR PRINTER'S NOS. 708, 1150, 2665 PRINTER'S NO. 2696
No. 642 Session of 1977
INTRODUCED BY MESSRS. ENGLEHART, BELLOMINI, LINCOLN, O'CONNELL,
GALLEN, TRELLO, McCALL, ABRAHAM, COHEN AND COWELL,
MARCH 16, 1977
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, MARCH 13, 1978
AN ACT
1 Amending the act of August 5, 1941 (P.L.752, No.286), entitled
2 "An act regulating and improving the civil service of certain
3 departments and agencies of the Commonwealth; vesting in the
4 State Civil Service Commission and a Personnel Director
5 certain powers and duties; providing for classification of
6 positions, adoption of compensation schedules and
7 certification of payrolls; imposing duties upon certain
8 officers and employes of the Commonwealth; authorizing
9 service to other State departments or agencies and political
10 subdivisions of the Commonwealth in matters relating to civil
11 service; defining certain crimes and misdemeanors; imposing
12 penalties; making certain appropriations, and repealing
13 certain acts and parts thereof," further providing for the
14 political activities of individuals covered by civil service.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 904, act of August 5, 1941 (P.L.752,
18 No.286), known as the "Civil Service Act," amended August 27,
19 1963 (P.L.1257, No.520), is amended to read:
20 Section 904. Prohibition of Political Activity.--
21 Notwithstanding any other provision of State law or regulations
22 adopted thereunder, employes of the classified service shall
23 have the full right to actively participate in political
1 management and political campaigns except as provided hereafter
2 in sections 904, 905 and 906. No person in the classified
3 service shall [be a member of or delegate or alternate to any
4 political convention, nor shall he participate at any such
5 convention, except in the performance of his official duty or as
6 a visitor, nor shall he serve as a member of any committee of
7 any political party, or take an active part in political
8 management or in political campaigns, or] use his office or
9 position to influence political movements or to influence the
10 political action of any officer or employe in the classified
11 service, OR ANY OTHER PERSON [nor shall he circulate or seek <--
12 signatures to any nominations or other petition required by any
13 primary or election law, nor shall he seek or accept election,
14 nomination or appointment as an officer of a political club or
15 organization, or serve as a member of a committee of any such
16 club or organization, nor shall he in any manner participate in
17 or interfere with the conduct of any election or the preparation
18 therefor at the polling place or with the election officers
19 while counting the votes or returning the election material to
20 the place provided by law for that purpose, save only for the
21 purpose of making and depositing his own ballot as speedily as
22 it reasonably can be done, nor shall he be within the polling
23 place or within fifty feet thereof except for the purpose of
24 carrying out official duties and of ordinary travel or residence
25 during the period of time beginning with one hour preceding the
26 opening of the polls for holding such election and ending with
27 the time when the election officers shall have finished counting
28 the votes and have left the polling place for the purpose of
29 depositing the election material in the place provided by law
30 for that purpose, excepting only police officers, who may
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1 temporarily approach or enter the polling place in order to make
2 any arrest permitted by law or for the purpose of preserving
3 order and in each case remain only long enough to accomplish the
4 duties aforesaid after which the said officers shall at once
5 withdraw: Provided, however, That the rights of any individual
6 as a citizen are not impaired hereby, and the prerogative to
7 attend meetings, to hear or see any candidate or nominee, nor to
8 express one's individual opinion, shall remain inviolate.] or
9 directly or indirectly coerce, attempt to coerce or command a
10 State or local officer or employe OR ANY OTHER PERSON to pay, <--
11 lend or contribute anything of value to a party, committee,
12 organization, agency or person for political purposes. No person
13 in the classified service shall be a candidate for public office
14 in any partisan election, including a primary election; provided
15 however that candidacy for political party office, even in a
16 partisan election is not prohibited.
17 Section 2. Section 905 of the act is amended to read:
18 Section 905. Prohibition of Assessments.--No person shall
19 orally or by written or printed communication, directly or
20 indirectly, demand, solicit, collect or receive or be in any
21 manner concerned in demanding, soliciting, collecting or
22 receiving any money or valuable thing or any assessment,
23 subscription or contribution, whether voluntary or involuntary,
24 from any officer or employe in the classified service for any
25 political purpose [whatever] whatsoever as a condition of their
26 employment or continued employment, EXCEPT THAT SOLICITATION FOR <--
27 VOLUNTARY CONTRIBUTIONS OF CLASSIFIED SERVICE EMPLOYES BY THEIR
28 REGISTERED POLITICAL ACTION COMMITTEES SHALL BE PERMITTED. No
29 person in the classified service shall orally or by written or
30 printed communication, directly or indirectly, demand, solicit,
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1 collect or receive or be in any manner concerned in demanding,
2 soliciting, collecting or receiving any money or valuable thing
3 for any political purpose [whatever] whatsoever as a condition <--
4 of their employment or continued employment. No person in the
5 service of the Commonwealth shall remove, suspend, furlough,
6 demote or promote or in any manner change the official status or
7 compensation of any other person in the classified service or
8 promise or threaten to do so for withholding or neglecting to
9 make any contribution of money or service or other valuable
10 thing for any political purpose. [No person shall take part in
11 preparing any political assessment, subscription or contribution
12 with the intent that the same shall be sent or presented to or
13 collected from any person in the classified service, and no
14 person shall knowingly send or present, directly or indirectly,
15 in person or by letter, any political assessment, subscription
16 or contribution to, or request its payment by, any person in the
17 classified service.]
18 Section 3. Section 906 of the act, amended August 27, 1963 <--
19 (P.L.1257, No.520), is amended to read:
20 Section 906. Removal and Disqualification of Officers and
21 Employes.--Any person holding a position in the classified
22 service who violates any of the provisions of this act [or of
23 the rules made thereunder] shall be [immediately separated from
24 the service. It shall be the duty of the appointing authority of
25 the State Agency in which the offending person is employed to
26 remove him at once in accordance with the provisions of this
27 act. Any person removed under this section shall for a period of
28 one year be ineligible for reappointment to any position in the
29 classified service.] guilty of a misdemeanor, and shall be
30 punished accordingly, and if any officer or employe in the
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1 classified service is found guilty of violating any of the
2 provisions of sections 904 and 905, he is automatically
3 separated from the service.
4 Section 4 3. This act shall take effect in 60 days. <--
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