HomeMy WebLinkAbout2002-03-25 02-156 ORDERItem No nz-rsa
Date: 3-25-02
Item/Subject: ORDER, Amending Section 9.9.2 of the Revised Personnel Rules and
Regulations, Political Office
Responsible Department: Uecutive
At the request of Councilor Allen, the 6 emment Operations Committee has discussed and is proposing
revisions to Ne Personnel Rules and Regulations concerning employees seeking political office. In
summary form, the proposal clarifies that employees cannot run for Bangor City Coundl; eliminates the
leave of absence requirement while campaigning for office, requires advance notification to the City
Manager in order that compatibility he determined; and Incorporates a leave of absence provision rather
Nan separation of service, if the two positions are determined to Is incompatible and the employee Is
successful in his/her election effort.
The Government Operations Committee reviewed the proposed changes at Its March 130 meeting and
recommended approval to the ClryCouncil. LLLL 11
Department Head
Manager's Comments:
City Manager
Associated Information: Order, Memo dated February 22 and March 8, Current Provision
Mnance Director
/ v
Ory Solicitor
x Passage
_ First Reading Page—of—
Referral
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02-156
11i8DWI C16111 I'll 111125, 2002.
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ORDERED,
Section 9.9.2 of the Revised Personnel Rules and Regulations, Political Office, is
hereby amended as follows:
DEI F!F current section 9.9.2 in Its entirety and REP AC with the following:
MkMOMMIKu
Arty otherwise eligible City employee may seek election to political office, ew:ept that of
the Bangor City Council. From the data candidacy Is announced or nomination papers filed and
until completion of the election prods, such employee shall not use any official City title,
resources or work time for his/her campaign, nor shall Me employee's official Influence,
authority, or position be used to effect Me results of the election.
Any such employee seeking political office shall Prat notify the City Manager for Me
purpose of reoeMng a determination of whether the employee's City position and the political
office sought mnfl4 or are otherwise incompatible. Among other relevant factors, the City
Manager, after consultation with the Department Head, shall consider whether Me position
sought would be detrimerbil to the employee's work performance or employment, or would
create an operational or financial hardship to the city or Department; or would be in conflict
with any provision of the Gly of Bangor Code of Ordinances.
If a determination of conflict or Incompatibility is made by the City Manager, and the
employee Is subsequently elected to polltical office, such employee shall be placed on an unpaid
leave of absence: (1) outing the time in which he/she assumes and occupies the political office;
or (2) for legislative service, when the body is in formal session or the employee is unavailable
to fulfill City duties due to legislative s ce responsibilities.
If a determination of no conflict or Incompatibility is made by the Grp Manager and the
employee is subsequently elected to political office, such employee may continue N serve as an
active City employee while holding political office.
AND, BE 1T FURTHER ORDERED, THAT this Order shall take effect immediately
IP CM COUNCIL
March 25, 2002
Motion Made and Seconded
For Passage
t�UD[1m d Yl 11W.TC(MM
DEPUTY CITY CLMR
02-156
ORDER
Title, Amending Section 9.9.2 of the
Yevised Personnel Sales and Regulations,
Political Office
Assigned to
02-156
MEMO
To: Govemment Operations Committee
From: Robert W. Farrar, Assistant City Manager
Subject: Employees Seeking Polldcal Office
Date: March 8, 2002
At the February 27a' Govemment Operations Committee meeting, staff was directed to
prepare a revision to Section 9.9.2 of the City's Personnel Rules and Regulations
incorporating modifications proposed and agreed to by Committee members.
Those modifications included the following:
1) Specific language precluding employees from seeking election to the
Bangor City Council.
2) Not requiring employees to take a leave of absence during any campaign
for political office but retaining and clarifying restrictions concerning the
employee's use of City time, resources, and misuse of his/her authority/
influence during the campaign.
3) Requiring the employee to notify the Ory Manager in advance of seeking
political office so that a determination can be made as to whether the
elective office and City position conflict or are incompatible.
4) If the elective position and City position are determined to be
incompatible, the employee will be placed on an unpaid leave of absence,
rather than having to terminate his/her employment with the City, if the
employee is elected to office.
Please note that both the City Manager and City Attorney have also reviewed the
proposed new language for this section and concur that it refects the concerns and
suggestions expressed at the February 27w meeting.
Should you have any questions in the meantime, please feel free to contact any of us at
your convenience.
RWF/j
Attachment
MEMO
To: Government Operations Committee
From: Robert W. Farrar, Assistant Cdy Manager
Subject: Employees Running for Elective Office
Date: February 22, 2002
At the January Ifi'a Government Operations Committee meeting, the Committee
discussed the possibility of amending the City's Personnel Rules and Regulations
concerning the provisions under which employees can run for elective office. (A copy of
the current rule is attached). After discussing the Issue at length, the Committee asked
staff to survey other communities in an effort to provide guidance on the issue.
We contacted eight of the largest communities and only two, Portland and Lewiston,
had policies addressing the issue. Copies of those policies are attached for your review.
In each policy, it appears that employees are only prohibited from seeking municipal
office. The policies are silent on employees welting other elective offices, such as
county or state positions.
At the meeting, Committee members raised several points for and against the current
policy as summarized below.
Points raised for modifying the current restrictions included the following:
• current roles are overly restrictive, essentially precluding employees from
running for office
• not resmctlng the constitutional rights of employees from seeking any
political office
• if elected, employees could assist in furthering/supporting City positions (if
not in conflict with constituency positions)
• municipal employees could be an asset in Augusta, where marry issues
involve local government issues
Points raised for mzlmaining the current provision included:
employees Irving in or outside of Bangor could take positions or vote contrary
to the interests of the City, potentially placing the employee in a conflicting
position with the City Council
the significant time commitment involved could create staffing or workload
Issues within the employee's division or department
the current provision requiring employees to take a leave of absence if
running for office safeguards against the possibility of charges or accusations
that the employee was conducting campaign activities while on City time or
misusing his/her position during the campaign. And, if elected, the employee
must separate from City service only if the political office is deemed to be
Incompatible with his/her City employment.
02-156
• The City may not want to have certain employees (due to their positions,
duties and responsibilities) running for political office; i.e. City Manager,
Department, Director and possible certain Division Heads and other
employees in key/critical positions.
Staff noted to the committee that in recent memory three employees had inquired
about the possibility of running for elected office (state legislature). it is believed that
none of those three ultimately decided to con for political office.
While the current policy contains restrictions which some may find difficult N overcome,
It has clearly defined the city's position and has left IlWe room for the potential for
difficult or cunfilcting situations to arise between the employer and employee. From a
policy standpoint, the Committee should attempt to balance the benefits and limitations
of the current rules with the bei and limitations of modifying or eliminating those
rules.
Our experience to date has obviously only been with the present rules In place. Our
belief Is that the rules have minimized and/or eliminated potential problems. But, in
faimess, we do not know for certain whether any problems or Issues would have
occurred or to what extent, if these rules had not been In place.
If the Committee was Interested in relaxing the current policy, while keeping some level
of safeguard in place, one potential approach might be as follows:
1. Eliminate the provision requiring the employee to take a leave of absence while
campaigning, but leave In current language stating that any activities be conducted on
his/her own time and that he/she could not use their position with the city in
conjunction with the campaign.
2. If elected to office, the employee would be required to take an unpaid leave of
absence rather than to be required to separate from City service, if the elective office
and employee's Oty position were determined to be incompatible.
Among other options that the Committee might wish to consider are leaving the current
provision in place or removing the provision completely.
Hopefully, this memorandum provides the committee with additional information which
will allow for continuing discussion on this topic. Should arty Committee member have
any questions prior to the meeting, please feel free W contact City Solicitor Heitman or
me at your convenience.
RWF/jdr
cc: City Manager, City Solicitor
cuff [y{I agfe 02_156
No employee may use M1v official authority a longtime be Neputpase ofiannum log
OT interfering with or affecting the rem@ of any elecioq nor shall hemie so4ot
funtls a contributions or accept or receive gave An contributions from City
official permits and duties with the City. lhia section does rot prohibit any City
employee from participating to the emoted I foes during off-duty hours and in
Mother capacity as a private citizen.
9.9.2. Political ORre.
Aoy otherwise eligible Goy employee may seek election to political office re a
member Mile City Countll or to any atherelemne office. However, Arm employee
Authority oruce as used to come the =suits ane madim. if rinsing to any
Ph ml office, and such office is seemed mcmmpmible with hisiher duties m a
City employee, such employee shall terminate bv/her employment with the City
prior m us don of the chemise otfi -
9.93. Federal Hatch Act
All mployua covered by restrictions of Ne Fedxal Hitch qct, which applies to
lhase Celaamnmts:eceivmg FetleNfunds,5ha11hervbjenmu5hnovisiofa. Where
such Precarious
more
trictive than the provisions consumed herein such
Additionalrstrim o sand apply.
9.10 Weapons and Firearms
olnI Ficem as may be specifically required as a condition or term of
employment, no employee shall bring any weapon or ffieom into soy
City hording Orme