N.Y. Civil Service Law § 107: Prohibition against certain political activities; improper influence

§ 107. Prohibition against certain political activities; improper

influence. 1. Recommendations based on political affiliations. No

recommendation or question under the authority of this chapter shall

relate to the political opinions or affiliations of any person whatever;

and no appointment or selection to or removal from an office or

employment within the scope of this chapter or the rules established

thereunder, shall be in any manner affected or influenced by such

opinions or affiliations. No person in the civil service of the state or

of any civil division thereof is for that reason under any obligation to

contribute to any political fund or to render any political service, and

no person shall be removed or otherwise prejudiced for refusing so to

do. No person in the said civil service shall discharge or promote or

reduce, or in any manner change the official rank or compensation of any

other person in said service, or promise or threaten so to do, for

giving or withholding or neglecting to make any contribution of money or

service or any other valuable thing for any political purpose. No person

in said service shall use his official authority or influences to coerce

the political action of any person or body or to interfere with any

election.

2. Inquiry concerning political affiliations. No person shall directly

or indirectly ask, indicate or transmit orally or in writing the

political affiliations of any employee in the civil service of the state

or of any civil division thereof or of any person dependent upon or

related to such an employee, as a test of fitness for holding office. A

violation of this subdivision shall be deemed a misdemeanor and

conviction thereof shall subject the person convicted to a fine of not

less than one hundred dollars nor more than five hundred dollars or to

imprisonment for not less than thirty days nor more than six months, or

to both such fine and imprisonment. Nothing herein contained shall be

construed to prevent or prohibit inquiry concerning the activities,

affiliation or membership of any applicant or employee in any group or

organization which advocates that the government of the United States or

of any state or of any political subdivision thereof should be

overturned by force, violence or any unlawful means.

3. Political assessments. No officer or employee of the state or any

civil division thereof shall, directly or indirectly, use his authority

or official influence to compel or induce any other officer or employee

of the state or any civil division thereof, to pay or promise to pay any

political assessment, subscription or contribution. Every officer or

employee who may have charge or control in any building, office or room

occupied for any governmental purpose is hereby authorized to prohibit

the entry of any person, and he shall not knowingly permit any person to

enter the same for the purpose of making, collecting, receiving or

giving notice therein, of any political assessment, subscription or

contribution; and no person shall enter or remain in any such office,

building or room, or send or direct any letter or other writing thereto,

for the purpose of giving notice of, demanding or collecting a political

assessment; nor shall any person therein give notice of, demand, collect

or receive any such assessment, subscription or contribution. No person

shall prepare or take any part in preparing any political assessment,

subscription or contribution with the intent that the same shall be sent

or presented to or collected of any officer or employee subject to the

provisions of this chapter, and no person shall knowingly send or

present any political assessment, subscription or contribution to or

request its payment of any said officer or employee. Any person

violating any provision of this subdivision shall be guilty of a

misdemeanor.

4. Prohibition against promise of influence. Any person, who while

holding any public office, or in nomination for, or while seeking a

nomination or appointment for any public office, shall corruptly use or

promise to use, whether directly or indirectly, any official authority

or influence, whether then possessed or merely anticipated, in the way

of conferring upon any person, or in order to secure or aid any person

in securing any office or public employment, or any nomination,

confirmation, promotion or increase of salary, upon the consideration

that the vote or political influence or action of the last-named person,

or any other, shall be given or used in behalf of any candidate, officer

or party, or upon any other corrupt condition or consideration, shall be

deemed guilty of bribery or an attempt at bribery. Any public officer,

or any person having or claiming to have any authority or influence for

or affecting the nomination, public employment, confirmation, promotion,

removal, or increase or decrease of salary of any public officer, who

shall corruptly use, or promise, or threaten to use any such authority

or influence, directly or indirectly in order to coerce or persuade the

vote or political action of any citizen or the removal, discharge or

promotion of any officer or public employee, or upon any other corrupt

consideration, shall also be guilty of bribery or of an attempt at

bribery. Every person found guilty of such bribery, or an attempt to

commit the same, as aforesaid, shall, upon conviction thereof, be liable

to be punished by a fine of not less than one hundred dollars nor more

than three thousand dollars, or to imprisonment for not less than ten

days nor more than two years, or to both such fine and imprisonment in

the discretion of the court.

5. Violation of this section. Complaints alleging a violation of this

section by a statewide elected official or a state officer or employee,

as defined in section seventy-three of the public officers law, may be

directed to the commission on public integrity.