The U.S. District Court for the District of Rhode Island yesterday refused to grant a temporary restraining order regarding a Warwick city law that is keeping a city classified employee, Raymond T. McKay, from running for the U.S. Senate against U.S. Senator Jack Reed.
The law in question is Section 48-107 of the Warwick Code of Ordinances:
Classified employees and members of personnel hearing board not to run for or hold elective office.permanent link to this piece of content No classified employee or member of the personnel hearing board shall seek the nomination of or be a candidate for any elective office; neither shall any elective officer be appointed a member of the personnel hearing board or a classified employee unless he/she resigns his/her elective office.
The Providence Journal reported further on the Court’s ruling.
McConnell, citing a raft of case law, including multiple rulings issued by the U.S. Supreme Court, forcefully asserted the legal standing of Warwick’s ordinances. “There is no question whatsoever that this is a proper exercise of the city’s right to regulate its work force,” McConnell said. “The U.S. Supreme Court has consistently, clearly, and definitively said that local governments can prohibit … employees from running for partisan political offices because governments have sufficiently important interests — such as interest in visibly fair and effective administration and the interest in ensuring that employees are free from both coercion and the prospect of favor from political activity … .”
The full story is here.