Restrictions on Political Campaigning by Public Employees (ORS 260.432) | A comprehensive document on this subject has been prepared by the Secretary of State Elections Division. It may be accessed through the Elections Division web page, under publications, at http://www.sos.state.or.us/elections/elechp.htm
The overriding principle is that public employees may not use their work time to support or oppose measures, candidates, or petitions. This principle is based on ORS 260.432 (2), which provides that public employees may not be involved in promoting or opposing any political committee or any initiative, referendum or recall petition, measure or candidate while on the job during working hours. However, the statute also states that it does not restrict the right of public employees to express personal political views. The policy of the state is thus that public employees may engage in political activity except to the extent prohibited by state law when on the job during working hours. ORS 260.432 (2) does not apply to elected public officials, but does apply to all other public employees including the staff of elected public officials. Public officials who are not elected whether paid for their service or not such as members of appointed boards and commissions, are considered to be public employees for purposes of this statute. Also important is ORS 260.432 (1), which states that a person including public employers and elected officials may not require a public employee to promote or oppose any political committee or any initiative, referendum or recall petition, measure or candidate. Pursuant to this statute, public employers, including elected officials, may not require or direct public employees to prepare or distribute material supporting or opposing a measure, candidate, or petition. Under ORS 260.432 (1), a supervisor who requests a public employee to perform any campaign activity (such as typing or mailing a campaign-related document) would be considered to have required the public employee to perform such tasks. Public employees may not be involved in activities such as collection of funds, receipt and distribution of advocacy materials, or preparation of correspondence on behalf of political committees, petitions, measures or candidates while on their work time. A public employees work time may not be used to produce or distribute political documents advocating a vote for or against a measure or candidate; or to produce or distribute news releases or letters announcing an elected officials support or opposition to a measure, candidate, referendum, initiative or recall petition. Some Examples of Allowable Political Activities by Public Employees Lunch hours and breaks when an employee is off duty may be used for political activity, depending on other employer lunch/break policies. Any such activity must be voluntary by the employee. Employees who elect to use this time for political activity must not feel obligated or coerced to do so by co-workers or supervisors. A public employee may be involved in voluntary campaign activity during the employees personal time in the evenings and on days off. A public employee may use work time to perform the employees assigned duties -- such as opening mail, filling public records requests and maintaining public records even if there is a political aspect to these assigned duties. Provision of Information A public employee may provide only impartial, factual information related to an initiative, referendum or recall petition, measure or candidate as a part of the employees job on work time. The full Secretary of State document on ORS 260.432 at http://www.sos.state.or.us/elections/Publications/pub.htm, includes a number of guidelines to consider when making a determination whether written material would be considered political advocacy under state law (at pp. 11-16 and 22). If any public employee makes public presentations or speeches regarding an initiative or referendum petition or ballot measure while on his or her work time, or in an employees official capacity, the employee must make sure the speech is only factual and neutral in its presentation. A public employer may tell employees about the possible effects of a measure, such as possible layoffs; but the public employer must not threaten employees with financial loss if they vote one way or another. A public employee may address election-related issues while on the job, in a factual and unbiased manner, if such activity is legitimately within the scope of the employees normal duties (e.g., a teacher instructing a high school social studies class). Incoming telephone calls about measures must be answered in a strictly impartial, factual manner. Salaried vs. Hourly Staff Salaried employees work time is not as easily measured as that of hourly workers. Salaried employees must be careful during all public appearances and functions both after normal work day hours as well as during working hours. They must not advocate on behalf of, or against a petition, measure or candidate if they are considered to be in their "official capacity." If work performed falls generally within the public employees job duties, then for purposes of this restriction, it is considered in the employees official capacity, regardless of the time of day or location. For example, if a salaried employee applies for expense reimbursement for a function, this would indicate that the employee was on duty. Personal note-keeping by salaried employees is suggested. Recording when the employee is on or off duty can determine whether the employee is acting in his or her official capacity. Also, during public appearances, the employee should specifically announce in what capacity he or she is speaking. Use of Public Buildings and Other Facilities If the governing body allows one political group to use public facilities, all groups (including unions) should have the same opportunity. The same building policy should be used for everyone, including charging the same fee. If unequal access is granted, a public employee who facilitates such services may have committed an election law violation. A number of the states collective bargaining agreements have articles dealing with a unions right to use agency facilities (e.g., SEIU, Article 10, Section 4). The content of a union meeting held pursuant to such a clause, including political advocacy, is not subject to agency regulation, so long as the state is not co-sponsoring the meeting. Distribution of Political Material within a Government Agency The Secretary of State, Elections Division, routinely discourages the distribution of campaign advocacy materials to public employees through a government mail or distribution system, regardless of the source of the materials. A union may distribute such materials to its members in this manner only if its collective bargaining agreement with the state allows for distribution of union materials through an agency mail or distribution system. It is not a violation for a public employee, as part of his or her regular job duties, to process incoming mail which may include political material addressed to employees. However, it is in violation of election law for a public employee to distribute political advocacy materials to other employees or constituents (such as students) while on the job during working hours. Wearing of Political Buttons While on the Job In general, political buttons may be worn by public employees while on the job. This rule, however, is subject to applicable employer policies. For instance, safety or other overriding considerations might justify an employer policy prohibiting the wearing of all buttons, of any nature. Moreover, depending on the circumstances, the wearing of political buttons on some state uniforms might cause the public to perceive that the agency has taken a position on the issue or candidate in question, or that the agencys employees might act in a biased manner due to political considerations. Posting of Political Material in Work Areas In general, a public employee may post political material in his or her private work area. However, a political posting would not be permitted in a work area which is open or visible to the public such as a reception area or if the public regularly goes to or passes by the work area for interviews, to fill out forms, or such. As is the case with the wearing of political buttons, the cause for concern here is that members of the public might perceive the political material to mean that the agency has taken a position on the issue or candidate in question, or that the agencys employees might act in a biased manner due to political considerations. It should be remembered that if a public employees work area is on public property, the work area is not the public employees personal property. As such, its use is subject to applicable employer policies. Websites, Electronic Bulletin Boards and E-mail Public employee use of an agencys website, electronic bulletin board or e-mail system is subject to the agencys policies concerning such use, as well as the terms of any applicable collective bargaining agreement. In general, if a public employee sends an e-mail or posts a message that supports or opposes a petition, candidate or measure, on the job during working hours, this would constitute a violation of election law. Any public employee who uses work time to produce a website that constitutes political advocacy would also be in violation of election law. A union may utilize an agencys electronic bulletin board or e-mail system to post messages constituting political advocacy only to the extent and in the manner permitted by the governing collective bargaining agreement. For questions regarding the states election laws, the Secretary of State, Elections Division, may be contacted at -- (telephone): 503-986-1518; or (FAX): 503-373-7414. |
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