You asked for an expansion of OLR Report 2004-R-0812 with regard to the legislative history of CGS § 7-421 (we also discuss two related statutes). You also asked whether a local charter can override the provisions of this statute, which governs political activities by municipal employees.

SUMMARY

The legislature first addressed the rights of municipal employees to engage in political activities in 1911. In 1976, it specified the types of activities municipal employees can and cannot engage in. It subsequently adopted legislation generally broadening the rights of municipal employees, for example by allowing employees to run for political office.

Two related statutes (CGS §§ 7-421a and 421b) explicitly supersede charters and other local laws that conflict with CGS § 7-421. It appears that a municipality could only impose greater restrictions on the political activities of a very small class of employees (unclassified employees in municipalities that have adopted the merit system).

LEGISLATIVE HISTORY

The rights of municipal employees to engage in political activities were first protected in 1911 when the General Assembly banned the removal, discharge, pay or rank reduction of officers or classified employees because of their religious or political opinions or affiliations. Although the Judiciary Committee heard the legislation, there is no transcript of the hearing, committee meeting, or subsequent House and Senate debates. The absence of this documentation makes it difficult, if not impossible, to determine the intended scope of “political affiliation. ” This law is presently codified at CGS § 7-421.

In 1976, the legislature passed PA 424, which explicitly stated the political activities municipal employees could and could not engage in. It specified that employees could not engage in the permitted activities, such as campaigning for a candidate, while on duty nor could they use municipal funds or other resources for partisan purposes. On the other hand, PA 424 prohibited employees from running for elective office in any political partisan election. Finally, the act provided that CGS § 7-421 is the controlling authority on issues concerning municipal employees’ political activities, superseding conflicting state or local laws (this provision is codifed as CGS § 7-421a).

Four years later, the legislature passed PA 80-325, which limited this last provision to employees in the classifed service. The act also provided that municipalities that have not adopted the merit system can only restrict their employee’s political rights in accordance with CGS § 7-421 (this provision is codified as CGS § 7-421b).

In 1984, the legislature passed PA 84-532. This act permitted any municipal employee to seek election to partisan municipal office. But it prohibited employees seeking or holding such office from engaging in political or official activities while on duty. The act also added subsection (c) of CGS § 7-421. This provision entitled a municipal employee who wins an elective municipal office to take an unpaid leave for a specified period, with the right to reinstatement to his former position.

In 1987, the legislature adopted PA 87-75, which added subsection (d) to CGS § 7-421. This provision allowed municipalities to grant leaves of absence to municipal employees who are elected to municipal office that exceed the length required by statute.

The legislature expanded the right of municipal employees to engage in political activities when it passed PA 90-123. This act specified that municipal employees could run in partisan elections for federal or state office. The act also prohibited municipal employers from taking or threatening personnel action against employees because they run for office and extended the ban against on-the-job political activity to municipal employees seeking or holding state office. It also explicitly allowed municipal employees to serve on most appointed or elected local government body in towns where they live, other than the one that is responsible for their direct supervision. PA 93-103 precluded a municipality, by charter or local ordinance, from allowing its employees to serve on the body responsible for the employee’s supervision.

Finally, PA 02-83 expanded a municipality’s right to allow its employees to serve on land use boards. PA 03-278 made technical changes.

ABILITY OF LOCAL CHARTERS TO SUPERSEDE THE STATUTE

CGS § 7-421a explicitly provides that the provisions included in CGS § 7-421, as they apply to employees in classified service, supersede any other statute, special act, local law, ordinance, or charter provision. Thus, municipalities with merit employment systems cannot impose restrictions on the political activities of their classified employees beyond those contained in CGS § 7-421. Most municipalities have adopted merit employment systems and in these municipalities the vast majority of employees are in classified service. It appears that such municipalities could impose additional restrictions on the political activities of unclassified employees such as department heads.

Under CGS § 7-421b, municipalities that have not adopted a merit system cannot impose restrictions on the political rights of their employees beyond those contained in CGS § 7-421. In Meyers v. Westport, 41 Conn. Sup. 295 (1989) the court held that unclassified employees in such municipalities cannot be barred from running for elective office.

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