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Political
Activities of EPA Employees
The Board
of Governors at its February 8, 1985, meeting adopted amendments
to its policy of January 20, 1976 concerning political activities
of EPA employees. The full text of the policy as it now exists
reads as follows:
1. Definitions.
For purposes of this policy, the following words and phrases shall
have the meanings indicated:
a. "Employees"
means all employees of The University of North Carolina and
of the constituent institutions who are exempt from the State
Personnel System (Article I of Chapter 126 of the General Statutes).
b. "Senior
Administrative Officers" means the President and all employees
on the President's staff and the Chancellors and senior officials
of the constituent institutions, including persons at the rank
of vice chancellor, provost, dean, and other positions of equivalent
rank and responsibility.
c. "Public
Office" means any national, state, or local governmental
position of public trust and responsibility, whether elective
or appointive, which is created, prescribed, or recognized by
constitution, statute, or ordinance (other than within The University
of North Carolina).
d. "Compensation
Which Is More Than Nominal" means compensation over and
above (1) payments in the nature of reimbursements for expenses
incurred by the officeholder incident to holding office (whether
calculated on an average per diem basis or on an actual-expense
basis) plus (2) the amount of per diem compensation prescribed
by
G.S. 138-5(a)(1) (currently established to be $15 per diem).
2. Holding
Public Offices Concurrent With University Employment.
a. Full-Time
Public Offices.
Upon election
to or acceptance of appointment to a public office requiring
full-time service, an employee of the University will be deemed
to have resigned from his or her University employment; provided,
that if deemed practicable by the University, an affected employee
may be granted a full leave of absence from University employment,
without pay, to coincide with the period of public service,
with such period of leave not to exceed two years in any case;
such a request for leave shall be addressed to and resolved
by the Board of Governors, shall be transmitted through the
President, and shall be accompanied by a recommendation from
the appropriate Chancellor in any case pertaining to an institutional
employee (if the request for leave pertains to a Chancellor,
it shall be accompanied by a recommendation of the Board of
Trustees).
b. Part-Time
Public Offices For Which Compensation Is More Than Nominal.
If a University
employee is elected to or accepts appointment to a public office
requiring part-time service, for which compensation is more
than nominal (including membership in the General Assembly),
it shall be presumed that holding such public office creates
a conflict of time or interest which interferes with responsibilities
owed the University and which requires the affected employee
either to procure an ppropriate leave of absence or to resign
from University employment. If prior to assuming the public
office the affected employee by petition is able to establish
to the satisfaction of the University that, contrary to the
presumption, holding such public office in fact will not create
a conflict of time or interest which interferes with responsibilities
owed the University, the resignation requirement shall not be
applicable; if consistent with the presumption the resignation
requirement is found to be applicable, upon request by the affected
employee and if deemed practicable by the University the employee
may be granted a full or partial leave of absence from University
employment, with corresponding suspension of or reduction in
pay, applicable to the period of public service (if a full leave
of absence is deemed necessary and is granted, it shall not
exceed two years in any case; if a partial leave of absence
is deemed necessary and is granted, the period of leave shall
be at the discretion of the University). Such petitions for
leave by senior administrative officers (and by all other employees
if the petition is for service in the General Assembly) shall
be addressed to and resolved by the Board of Governors, shall
be transmitted through the President, and shall be accompanied
by a recommendation from the appropriate Chancellor in any case
pertaining to an institutional employee (if the request for
leave pertains to a Chancellor, it shall be accompanied by a
recommendation of the Board of Trustees); such petitions for
leave by University employees other than senior administrative
officers (with the exception of petitions for service in the
General Assembly) shall be addressed to and resolved by the
appropriate Board of Trustees and shall be transmitted through
the Chancellor. With respect to each such decision rendered
by a Board of Trustees, the Chancellor shall transmit to the
Committee on University Governance of the Board of Governors
a report, containing such information as the Committee may specify,
concerning the action of the Board of Trustees.
c. Part-Time
Public Offices For Which Compensation Is Only Nominal.
Election
to or acceptance of appointment to a public officer equiring
part-time service, for which no compensation is paid or for
which the compensation paid is only nominal, shall be presumed
not to create a conflict of time or interest which interferes
with responsibilities owed the University; provided, that if
the President (with respect to senior administrative officers)
or the Chancellor (with respect to other employees) believes
that, contrary to the presumption, there will be a conflict
of time or interest in the particular case, the question may
be referred for resolution by either the Board of Governors
or the appropriate Board of Trustees (depending on whether or
not the employee is a senior administrative officer). Any employee
who files as a candidate for or intends to accept appointment
to such a public office must file promptly with his or her immediate
supervisor a written statement setting forth the amount of any
payments to which the holder of such office is entitled as officeholder.
3. Candidacy
For Elective Public Office.
a. Full-Time
Offices.
The candidacy
of a University employee for election to a public office requiring
full-time service is presumed to create a conflict of time which
interferes with the performance of responsibilities owed the
University and requires the affected employee either to procure
an appropriate leave of absence or to resign from University
employment. If prior to announcing his or her candidacy the
affected employee by petition is able to establish to the satisfaction
of the University that, contrary to the presumption, such candidacy
in fact will not create a conflict of time which interferes
with responsibilities owed the University, the resignation requirement
shall not be applicable; if consistent with the presumption
the resignation requirement is found to be applicable, upon
request by the affected employee and if deemed practicable by
the University the employee may be granted a full or partial
leave of absence from University employment, with corresponding
suspension of or reduction in pay, to be coextensive with the
period of candidacy. Such petitions and/or requests for leave
shall be addressed to and resolved by the Board of Governors,
shall be transmitted through the President, and shall be accompanied
by a recommendation from the appropriate Chancellor in any case
pertaining to an institutional employee (if the request for
leave pertains to a Chancellor, it shall be accompanied by a
recommendation of the Board of Trustees).
b. Part-Time
Offices For Which Compensation Is More Than Nominal.
The candidacy
of a University employee for election to a public office requiring
part-time service, for which compensation is more than nominal
(including membership in the General Assembly), is presumed
to create a conflict of time which interferes with the performance
of responsibilities owed the University and requires the affected
employee either to procure an appropriate leave of absence or
to resign from University employment. If prior to announcing
his or her candidacy the affected employee by petition is able
to establish to the satisfaction of the University that, contrary
to the presumption, such candidacy in fact will not create a
conflict of time which interferes with responsibilities owed
the University, the resignation requirement shall not be applicable;
if consistent with the presumption the resignation requirement
is found to be applicable, upon request by the affected employee
and if deemed practicable by the University the employee may
be granted a full or partial leave of absence from University
employment, with corresponding suspension of or reduction in
pay, to be coextensive with the period of candidacy. Such petitions
for leave by senior administrative officers (and by all other
employees if the petition concerns candidacy for the General
Assembly) shall be addressed to and resolved by the Board of
Governors, shall be transmitted through the President and shall
be accompanied by a recommendation from the appropriate Chancellor
in any case pertaining to an institutional employee (if the
request for leave pertains to a Chancellor, it shall be accompanied
by a recommendation of the Board of Trustees); such petitions
for leave by University employees other than senior administrative
officers (with the exception of petitions concerning candidacy
for the General Assembly) shall be addressed to and resolved
by the appropriate Board of Trustees and shall be transmitted
through the Chancellor. With respect to each such decision rendered
by a Board of Trustees, the Chancellor shall transmit to the
Committee on University Governance of the Board of Governors
a report, containing such information as the Committee may specify,
concerning the action of the Board of Trustees.
c. Part-Time
Offices For Which Compensation Is Only Nominal.
The candidacy
of a University employee for election to a public office requiring
part-time service, for which no compensation is paid or for
which the compensation paid is only nominal, is presumed not
to create a conflict of time which interferes materially with
responsibilities owed the University; provided, that if the
President (with respect to senior administrative officers) or
the Chancellor (with respect to other employees) believes that,
contrary to the presumption, there will be a material conflict
of time in the particular case, the question may be referred
for resolution by either the Board of Governors or the appropriate
Board of Trustees (depending on whether or not the employee
is a senior administrative officer). Any employee who files
as a candidate for such a public office must file promptly with
his or her immediate supervisor a written statement setting
forth the amount of any payments to which the holder of such
office is entitled as officeholder.
4. Political
Campaign Activities.
With respect
to his or her own candidacy for election to public office or to
any other person's candidacy for election to public office, no
University employee shall:
a. Use
University funds, services, supplies, vehicles, or other property
to support or oppose the candidacy of any person for elective
public office;
b. Make
any promise of preferential treatment (or actually confer such
preference) or make any threat of detrimental treatment (or
actually impose such detriment) to any person, with respect
to any condition or incident of employment over which the employee
has authority, control, or influence, for purposes of inducing
support of or
opposition to any candidate for elective public office.
Violation
of the prohibitions contained in subparagraphs a and b, above,
shall be cause for appropriate disciplinary action, including
discharge from employment.
5. Other
Leaves of Absence for Senior Administrative Officers.
A senior
administrative officer who desires a leave of absence for purposes
other than political candidacy or office holding may petition
the University for such a leave in the following manner:
(a) with
respect to periods of leave not to exceed 90 days, the petition
shall be addressed to and resolved by the President, who shall
report to the Board of Governors all such leave arrangements
as he may grant;
(b) with
respect to periods of leave to exceed 90 days, the petition
shall be addressed to and resolved by the Board of Governors,
shall be transmitted through the President, and shall be accompanied
by a recommendation from the appropriate Chancellor in any case
pertaining to an institutional employee (if the request for
leave pertains to a Chancellor, it shall be accompanied by a
recommendation of the Board of Trustees).
6. Appeals.
With respect
to any decision reached by a Board of Trustees as prescribed in
Section 2 and 3 of this policy, an employee aggrieved by the decision
may appeal to the Board of Governors only on the basis of an allegation
that such decision was contrary to the provisions of this policy.
Any such appeal shall be addressed to the Chancellor for transmission
to the President, who in turn will transmit the appeal to the
Board of Governors.
7. Effective
Date.
The requirements
of this Resolution shall be applicable prospectively only, on
and after the date of adoption by the Board of Governors. No change
in the employment status of an employee who was an incumbent in
a public office as of the adoption date of this policy shall be
required under the terms of this policy for the balance of the
term of office being served on the effective date of Resolution.
8. Relation
to State Laws.
The foregoing
regulations as adopted by the Board of Governors are designed
to supplement, and do not purport in any way to supplant or modify,
those statutory enactments which may govern or limit the political
activities of employees of the State
of North Carolina.
9. Repeal
of Prior Enactments.
With respect
to the resolution of the Board of Governors entitled "Policies
Concerning Senior Administrative Officers of The University of
North Carolina" which was adopted under date of September
13, 1974, paragraphs 1, 2, and 3 of said resolution are repealed;
additionally, the resolution of the Board of Trustees of The University
of North Carolina entitled "Statement of Policy on Elective
Office-Holding" which was adopted under date of November
14, 1969, is repealed.
NOTE: Instructions
regarding procedures to be followed by university employees who
intend to become candidates for or holders of political office
are available from the Chancellor's Office.
Formerly
Executive Memorandum 85-68
Initially approved March 15, 1985
Revised June 1, 1999
Administering office: Chancellor's Office
Posted
June 08. 1999
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