http://www.nola.com/timespic/stories/index.ssf?/base/news-6/1215149477163610.xml&coll;=1

Friday, July 04, 2008By Ed Anderson
BATON ROUGE—Legislative Auditor Steve Theriot has told his 250-member staff that they cannot sign recall petitions against local or state officials, a stand that civil libertarians said Thursday is a violation of the employees’ First Amendment rights.

An amendment to the auditor’s employee handbook dated Tuesday says employees can not “participate in or sign a recall petition.” The office previously allowed its employees to sign petitions but not organize a recall drive or force anyone to sign a recall petition.

“We have concerns when political expression is curtailed by the government,” said Marjorie Esman, executive director of the Louisiana arm of the American Civil Liberties Union. “Anytime anybody’s political expression is involved, it is a First Amendment issue. . . . This is an infringement of political rights.”

State Civil Service Department chief attorney Robert Boland said that state workers are allowed to sign recall petitions but cannot organize recall drives. Signing a petition, Boland said, “is very fundamental to our democracy.”

Jenifer Schaye, Theriot’s general counsel, said that state and federal courts have ruled that government offices can place restrictions on the activities of employees.

Schaye said the change in the handbook was made after the recent filing of a spate of recall petitions against the governor and at least six lawmakers, mainly over a bill doubling legislative pay. A few of those, including two petitions against Gov. Bobby Jindal, will not proceed now that he has vetoed the pay raise bill, according to organizers.

Schaye said the prohibition is needed to allow auditors to “stay above the appearance of impropriety” because they may have to do a review of the person targeted for recall.

The employee handbook prohibits employees of the auditor’s office from displaying a political bumper sticker on the vehicle driven by the worker, placing a political sign on property owned by the employee or wearing or displaying T-shirts, hats or other material supporting or opposing a candidate.

Schaye said by law employees in the office are not allowed to gamble in casinos or other gambling outlets licensed by the state because they have to review the books of State Police, which is charged with overseeing gambling outlets.

I imagine they have to weigh the employee’s rights against the appearance of objectivity. But in this case I think they have it wrong. You want to forbid them from organizing a recall - fine. But they shouldn’t prohibit them from signing a petition.

Its unconstitutional.  And I believe the auditor is appointed by the legislature.

It’s not unconstitutional. It’s the same with civil servants. They also aren’t allowed to get involved with certain political things.

And if you care for some interesting reading, here is the history of the legislative auditor.
http://www.lla.state.la.us/lla/History.htm

It appears to be unconstitutional.  “Therefore, a state classified employee may sign a recall petition

http://www.dscs.state.la.us/progasst/gencirc/GENCIRC06/001644.htm

Plain and simple: Signing a recall is fundamentally the same as voting.

If they are allowed to vote to elect someone, they should be allowed to vote them out by signing a recall.

poemullet - 08 July 2008 10:50 AM

Plain and simple: Signing a recall is fundamentally the same as voting.

If they are allowed to vote to elect someone, they should be allowed to vote them out by signing a recall.

I agree in theory. But in fact, government workers are pressured to not involve themselves in politics.