GENERAL ASSEMBLY OF NORTH CAROLINA
1985 SESSION
CHAPTER 469
AN ACT TO FURTHER DEFINE THE APPROPRIATE POLITICAL ACTIVITY OF STATE EMPLOYEES.
The General Assembly of North Carolina enacts:
Section 1. G.S. 126-13(2) is amended by deleting the words "a partisan" and substituting the word "an".
Sec. 2. G.S. 126-14 is rewritten to read as follows:
"§ 126-14. Promise or threat to obtain political contribution or support.-(a) It is unlawful for a State employee or a person appointed to State office, other than elective office or office on a board, commission, committee, or council whose function is advisory only, whether or not subject to the Personnel Act, to coerce a State employee subject to the Personnel Act, probationary State employee, or temporary State employee to support or contribute to a political candidate or party by threatening him with employment termination or discipline or by promising preferential personnel treatment.
(b) Any person violating this section shall be guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000), imprisonment for not more than six months, or both.
(c) A State employee subject to the Personnel Act, probationary State employee, or temporary State employee who without probable cause falsely accuses a State employee or a person appointed to State office of violating this section shall be subject to discipline or termination in accordance with the provisions of G.S. 126-35, 126-37, and 126-38 and may, as otherwise provided by law, be subject to criminal penalties for perjury or civil liability for libel, slander, or malicious prosecution."
Sec. 3. Article 5 of Chapter 126 of the General Statutes is amended by adding after G.S. 126-14 a new section to read:
"§ 126-14.1. Threat to obtain political contribution or support.-(a) It is unlawful for any person to coerce a State employee subject to the Personnel Act, probationary State employee, or temporary State employee to support or contribute to a political candidate or party by explicitly threatening him with employment termination or discipline.
(b) Any person violating this section shall be guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000), imprisonment for not more than six months, or both.
(c) A State employee subject to the Personnel Act, probationary State employee, or temporary State employee, who without probable cause falsely accuses a person of violating this section shall be subject to discipline or termination in accordance with the provisions of G.S. 126-35, 126-37, and 126-38 and may, as otherwise provided by law, be subject to criminal penalties for perjury or civil liability for libel, slander, or malicious prosecution."
Sec. 4. Article 5 of Chapter 126 of the General Statutes is amended by adding at the end a new section to read:
"§ 126-15.1. Probationary State employee defined.-As used in this Article, 'probationary State employee' means a State employee who is exempt from the Personnel Act only because he has not been continuously employed by the State for the period required by G.S. 126-5(d)."
Sec. 5. This act shall become effective October 1, 1985.
In the General Assembly read three times and ratified, this the 26th day of June, 1985.