TO RESEARCH NYPPL POSTINGS type in your key word or phrase in the box at the upper left and tap enter.

Thursday, January 24, 2013

Overhauled Hatch Act takes effect on January 27, 2013


Overhauled Hatch Act takes effect on January 27, 2013
Source: NYMUNIBLOG published by Harris Beach PLLC*. Reproduced with permission. Copyright © 2013, All rights reserved.

Kevin P. RyanEsq. has posted the following item explaining certain changes resulting from the recently amended Hatch Act on the Harris Beach PLLC blog NYMUNIBLOG. Mr. Ryan writes:

"On December 28, 2012, President Obama signed into law an overhaul of the Hatch Act that eased the restrictions on state or local government employees seeking elected office.

"The Hatch Act, as it existed prior to the enactment of the recent legislation (S. 2170), prohibited state and local government employees whose employment was connected to activities receiving federal funding from running as candidates for partisan political office; from using their official authority to influence an election or nomination; or pressuring or advising another state or local employee to make a political contribution.

"Since the old legislation applied to state and local government employees whose employment was broadly defined as “being in connection with activities receiving federal funding,” it served as a blanket prohibition of nearly all state and local government employees from running for office. 

"By way of example, after Robert J. Duffy resigned as mayor of the City of Rochester to become the lieutenant governor, the then deputy mayor, Thomas S. Richards, was sworn in as acting mayor. After a Hatch Act complaint was filed, Richards was forced to resign that position in order to run in a special election to succeed Mayor Duffy, forcing the appointment of a separate acting mayor in the interim.

"The new legislation relaxes that restriction and takes effect January 27, 2013.

"The legislation approved by Congress and signed into law by the president removes the prohibition on certain state and local employees running for elected office unless their salary is paid entirely by federal funds.  Thus, in relaxing the restriction to employees whose employment is in connection with activities receiving federal funding to those only whose salaries are funded entirely with federal funds, the ability of state and local government employees to run for political office is expanded.

"While the new legislation does expand the ability of state and local government employees to run for office, it still prohibits employees whose employment is “in connection with an activity supported by federal funding” from using their official authority to affect an election or nomination or to coerce or advise another state or local employee to make a political contribution. The new legislation also keeps in place the exemption of the governor, lieutenant governor, the mayor of a city, or other elected official from being subject to the terms of the Hatch Act."

NYMUNIBLOG.COM was created and is maintained by the law firm of Harris Beach PLLC as a public service. For more information about NYMUNIBLOG please go to: http://nymuniblog.com/

NYPPL comment:.See, also, Civil Service Law §107 "Prohibition against certain political activities; improper influence."


Handbooks focusing on New York State and Municipal Public Personnel Law:

The Discipline Book, - a concise guide to disciplinary actions involving public employees in New York State. A 1900+ page e-book. For more information click on http://booklocker.com/books/5215.html

The Layoff, Preferred List and Reinstatement Manual - a 435 page handbook reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html

A Reasonable Disciplinary Penalty Under the Circumstances - A 600+ page guide to penalties imposed on public employees in New York State found guilty of selected acts of misconduct. For more information, click on http://booklocker.com/books/7401.html

General Municipal Law§§ 207-a and 207-c - Disability Leave for fire, police and other public sector personnel - a 1098 page e-book focusing on administering General Municipal Law Sections 207-a/207-c and providing benefits thereunder. For more information click on http://booklocker.com/books/3916.html

Caution:

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that the publisher is not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader should seek such advice from a competent professional.

Items published in NYPPL may not be used for commercial purposes without prior written permission to copy and distribute such material. Send your request via e-mail to publications@nycap.rr.com

Readers may share material posted in NYPPL with others provided attribution to NYPPL is given.

Copyright© 1987 - 2014 by the Public Employment Law Press.



___________________



N.B. From time to time a political ad or endorsement may appear in the sidebar of this Blog. NYPPL does not have any control over such posting.

_____________________

.