Judges: WILLIAM L. WEBSTER
Filed Date: 10/30/1987
Status: Precedential
Modified Date: 7/5/2016
Dear Representative Molloy:
This opinion letter is in response to your question asking whether a particular group of state merit system employees may establish a political action committee to endorse candidates and contribute to partisan political campaigns for state and federal offices.
Your opinion request states that such endorsements and contributions would be made by a "governing council" and not by individual employees in their own behalf. We infer from the context, and therefore assume, that the governing council would be composed of persons who are merit system employees.
Your question requires consideration of various provisions in Section
4. No person shall in any manner levy or solicit any financial assistance or subscription for any political party, candidate, political fund, or publication, or for any other political purpose, from any employee in a position subject to this law, and no such employee shall act as agent in receiving or accepting any such financial contribution, subscription, or assignment of pay. No person shall use, or threaten to use, coercive means to compel an employee to give such assistance, subscription, or support, nor in retaliation for his failure to do so.
5. No employee selected under the provisions of this law shall be a member of any national, state, or local committee of a political party, or an officer of a partisan political club. He shall take no part in the management or affairs of any political party or in any partisan political campaign. No such employee shall be a candidate for nomination or election to any partisan public office or nonpartisan office in conflict with his duties except he resign, or obtain a regularly granted leave of absence, from his position.
In interpreting the statute, the fundamental rule is to ascertain the intent of the General Assembly from the language used and to give effect to that intent. Brown Group, Inc. v.Administrative Hearing Commission,
Therefore, it is the opinion of this office that a particular group of state merit system employees may not establish a political action committee to endorse candidates and contribute to partisan political campaigns for state and federal offices.
Very truly yours,
WILLIAM L. WEBSTER Attorney General