ing, from a department or agency of the Government under a statute or executive order authorizing termination in the interest of national security, in the interest of the United States, or on grounds relating to loyalty, and authorizing the Commission to determine his eligibility for employment in another department or agency of the Government, may request the Commission in writing to determine whether he is eligible for employment in another department or agency of the Government. (b) Action by the Commission. (1) The Commission shall determine, and will notify the former employee, after appropriate consideration of his case, including such investigation as it considers necessary, whether he may be employed in another department or agency of the Government. (2) If a former Federal employee found unsuitable under this section has had an opportunity to comment on the reasons for the action, or has furnished them to the Commission or to his former employing agency, the Commission may also cancel his reinstatement eligibility if the eligibility resulted from his last Federal employment and was obtained through fraud, or the Commission may prescribe a period of debarment from the competitive service, not to exceed 3 years, or both. (5 U.S.C. 3301, 3302, 7312, 50 U.S.C. 403, E.O. 10450; 3 CFR, 1949-1953 Comp., p. 936, E.O. 10577; 3 CFR, 1954-1958 Comp., p. 218) F.R. 12484, Sept. 4, 1968] [33 (a) "Employee" means an individual who occupies a position in the competitive service; (b) "Agency" means an executive agency and the government of the District of Columbia; (c) "Political party” means a National political party, a State political party, and an affiliated organization; (d) "Election" includes a primary, special, and general election; (e) "Nonpartisan election” means— (1) An election at which none of the candidates is to be nominated or elected as representing a political party any of whose candidates for presidential elector received votes in the last preceding election at which presidential electors were selected; and (2) An election involving a question or issue which is not specifically identified with a political party, such as a constitutional amendment, referendum, approval of a municipal ordinance, or any question or issue of a similar character; and (f) "Partisan" when used as an adjective refers to a political party. PERMISSIBLE ACTIVITIES § 733.111 Permissible activities. (a) All employees are free to engage in political activity to the widest extent consistent with the restrictions imposed by law and this subpart. Each employee retains the right to— (1) Register and vote in any election; (2) Express his opinion as an individual privately and publicly on political subjects and candidates; (3) Display a political picture, sticker, badge, or button; (4) Participate in the nonpartisan activities of a civic, community, social, labor, or professional organization, or of a similar organization; (5) Be a member of a political party or other political organization and participate in its activities to the extent consistent with law; (6) Attend a political convention, rally, fund-raising function; or other political gathering; (7) Sign a political petition as an individual; (8) Make a financial contribution to a political party or organization; (9) Take an active part, as an independent candidate, or in support of an independent candidate, in a partisan election covered by § 733.124; (10) Take an active part, as a candidate or in support of a candidate, in a nonpartisan election; (11) Be politically active in connection with a question which is not specifically identified with a political party, such as a constitutional amendment, referendum, approval of a municipal ordinance or any other question or issue of a similar character; (12) Serve as an election judge or clerk, or in a similar position to perform nonpartisan duties as prescribed by State or local law; and (13) Otherwise participate fully in public affairs, except as prohibited by law, in a manner which does not materially compromise his efficiency or integrity as an employee or the neutrality, efficiency, or integrity of his agency. (b) Paragraph (a) of this section does not authorize an employee to engage in political activity in violation of law, while on duty, or while in a uniform that identifies him as an employee. The head of an agency may prohibit or limit the participation of an employee or class of employees of his agency in an activity permitted by paragraph (a) of this section, if participation in the activity would interfere with the efficient performance of official duties, or create a conflict or apparent conflict of interests. An employee may not use his official authority or influence for the purpose of interfering with or affecting the result of an election. § 733.122 Political management and political campaigning; prohibitions. (a) An employee may not take an active part in political management or in a political campaign, except as permitted by this subpart. (b) Activities prohibited by paragraph (a) of this section include but are not limited to (1) Serving as an officer of a political party, a member of a National, State, or local committee of a political party, an officer or member of a committee of a partisan political club, or being a candidate for any of these positions; (2) Organizing or reorganizing a political party organization or political club; (3) Directly or indirectly soliciting, receiving, collecting, handling, disbursing, or accounting for assessments, contributions, or other funds for a partisan political purpose; (4) Organizing, selling tickets to, promoting, or actively participating in a fund-raising activity of a partisan candidate, political party, or political club; (5) Taking an active part in managing the political campaign of a partisan candidate for public office or political party office; (6) Becoming a partisan candidate for, or campaigning for, an elective public office; (7) Soliciting votes in support of or in opposition to a partisan candidate for public office or political party office; (8) Acting as recorder, watcher, challenger, or similar officer at the polls on behalf of a political party or partisan candidate; (9) Driving voters to the polls on behalf of a political party or partisan candidate; (10) Endorsing or opposing a partisan candidate for public office or political party office in a political advertisement, a broadcast, campaign literature, or similar material; (11) Serving as a delegate, alternate, or proxy to a political party convention; (12) Addressing a convention, caucus, rally, or similar gathering of a political to (1) An individual exempted under section 7324(d) of title 5, United States Code; (2) An employee of The Alaska Railroad who resides in a municipality on the line of the railroad in respect to political activities involving that municipality; (3) Subject to the conditions of section 733.124, an employee who resides in a municipality or other political subdivision designated by the Commission under that section; or (4) An employee who works on an irregular or occasional basis, on the days that he performs no services. § 733.124 Political management and political campaigning; exception of certain elections. (a) Section 733.122 does not prohibit activity in political management or in a political campaign by an employee in connection with (1) A nonpartisan election, or (2) Subject to the conditions and limitations established by the Commission, an election held in a municipality or political subdivision designated by the Commission under paragraph (b) of this section. (b) For the purpose of subparagraph (2) of paragraph (a) of this section, the Commission may designate a municipality or political subdivision in Maryland or Virginia in the immediate vicinity of the District of Columbia or a municipality in which the majority of voters are employed by the Government of the United States, when the Commission determines that, because of special or unusual circumstances, it is in the domestic interest of employees to participate in local elections. Information as to the documentation required to sup port a request for designation is furnished by the Commission on request. The Commission has designated the following municipalities and political subdivisions, effective on the date specified: IN MARYLAND Annapolis (May 16, 1941). Berwyn Heights (June 15, 1944). Chevy Chase, sections 1 and 2 (Mar. 4, 1941). Chevy Chase, section 3 (Oct. 8, 1940). Chase (Feb. 13, 1941). Chevy Chase View (Feb. 26, 1941). Montgomery County (Apr. 30, 1964). Alexandria (Apr. 15, 1941). Fairfax County (Nov. 10, 1949). Bremerton, Wash. (Feb. 27, 1946). Warner Robins, Ga. (Mar. 19, 1948). New Johnsonville, Tenn. (Apr. 26, 1956). (c) An employee who resides in a municipality or political subdivision listed in paragraph (b) of this section may take an active part in political management and political campaigns in connection with partisan elections for local offices of the municipality or political subdivision, subject to the following limitations: (1) Participation in politics shall be as an independent candidate or on behalf of, or in opposition to, an independent candidate. (2) Candidacy for, and service in, an elective office shall not result in neglect of or interference with the performance of the duties of the employee or create a conflict, or apparent conflict, of interests. After review of the report of investigation, the General Counsel of the Commission may close the case or issue charges. The charges shall set forth the alleged political activity specifically and in detail. The charges shall be served on the employee at least 30 days before the date of the adverse action that is proposed. The employee may be represented by counsel at this and every other stage of the proceedings. The employee is entitled to be retained in an active-duty status until a final decision is made by the Commission. § 733.133 Answer. (a) The employee may answer the charges within 15 days from the day he receives them. He may answer personally, in writing, or both personally and in writing, and may furnish affidavits in support of his answer. (b) After review of the answer or (a) Unless the employee and the General Counsel agree to waive a hearing, the examiner shall schedule a hearing considering the convenience of the parties as to time and place. The hearing examiner shall notify the parties of the date and place of the hearing at least 10 days in advance. (b) Testimony is under oath or affirmation. Witnesses who testify are subject to cross-examination. Each party is responsible for securing the attendance of his witnesses. The examiner may allow the introduction of affidavits. (c) The hearing is recorded by a reporter designated by the Commission. The Commission furnishes a copy of the transcript to the employee without charge. § 733.136 Powers of the examiner. The examiner may: (a) Administer oaths and affirmations; (b) Rule on offers of proof and receive relevant evidence; (c) Fix the time and place of hearing; (d) Regulate the course of the hearing; (e) Exclude any person from the hearing for contumacious conduct or misbehavior that obstructs the hearing; (f) Hold conferences for simplification of the issues, or for any other purpose; (g) Dispose of procedural requests or similar matters; (h) Authorize, and set the time for, the filing of briefs, memorandums of law, or other documents as may be required in the proceedings; (i) Grant continuances and extensions of time; and (j) Take any other action in the Following the hearing, or the receipt of the file when hearing is waived, the examiner shall prepare and forward to the Commission his recommended decision and the record on which it is based. The Commission makes its decision on this record and notifies the employee and the employing agency. If the Commission's decision is that the employee engaged in prohibited political activity, the penalty is removal from the service, unless the Commission unanimously agrees that a less severe penalty is justified. Suspension without pay for 30 days is the minimum penalty. Subpart B-The Excepted Service § 733.201 Jurisdiction. Sections 733.111-733.124 apply to an employee in the excepted service. It is the responsibility of the employing agency to investigate and decide allegations of prohibited political activity on the part of such an employee. § 733.202 Agency procedure. (a) An agency shall process cases of alleged poltical activity by an employee in the excepted service under procedures like those in §§ 733.132 and 733.133. (b) After review of the answer or after the time for answering has expired, the agency makes its decision and notifies the employee. If the agency's decision is that the employee engaged in prohibited political activity the penalty is removal from the service. The agency shall inform the employee of his right to appeal to the Commission. § 733.203 Appeal to the Commission. When the agency decision is to remove an employee in the excepted service, the employee may appeal to the Commission. The time limit for filing an appeal is 15 days from the date of receipt of the notice of the agency decision. § 733.204 Commission procedure. In adjudicating an appeal under this subpart, the Commission follows the procedures set out in §§ 733.134-733.137. Subpart C-The Job Corps Coverage. § 733.301 This subpart applies to each officer, employee, and enrollee of the Job Corps |