MEMO:

TO: Western Carolina University

FROM: Legal Counsel Office

DATE: February 19, 2008

RE: Political Campaign-Related Activities

This being an election year, it seemed like a good time to remind the campus about the policies and laws applicable to the politically-related activities of public employees. This is a complex field of law that is defined by State and Federal statutes, regulations and case law. We will only hit the highlights in this memo. For the most part, we will not be addressing employees whose activities are generally attributable directly to the institution. Those individuals are governed by even stricter rules than those mentioned here. Unless you have been told otherwise, you should assume you are not subject to those stricter rules.

Each member of the University community has the right to freely express his/her views on any subject, including advocacy for/against candidates for public office. Such speech is protected by the First Amendment to the U.S. Constitution and by the N.C. Constitution, Sec. 14, Freedom of Speech and Press. I n exercising these rights, however, the resources of the University cannot be used. Engagement in political campaign activities by University employees should be conducted independent of their University employment and at times when such activity does not interfere with employment obligations to the University. Please remember that while the law may be complex, simple common sense and courtesy will help you avoid most pitfalls.

Running for or Holding Office

Every year in their pay receipt envelopes employees receive a notice describing the rules and regulations pertaining to running for political office. In brief, EPA employees are reminded about University Policy #28 [ http://www.wcu.edu/chancellor/index/universitypolicy/policy28.html ] which provides, among other things, that:

•  Becoming a candidate for election to a full-time or major part-time office is presumed to create a conflict of time that interferes with the employee's satisfactory performance of university employment obligations. Ways to avoid the conflict are described in the policy.

•  Upon assuming an elective or appointive full-time office, a university employee will be deemed to have resigned from university employment unless prior arrangements are made.

North Carolina General Statute 126-13, http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_126/GS_126-13.html , a criminal statute, and the State Personnel Manual (Section 3, Page 35) [ http://www.osp.state.nc.us/manuals/html/polactry.htm ] address SPA employees and provide in part, that no employee shall:

Take any active part in managing a campaign, or campaign for political office or otherwise engage in political activity during working hours.

If your position is financed in part by the federal government, the Federal Hatch Act [ http://www.osp.state.nc.us/manuals/html/hatchact.htm ] prohibits you from being a candidate for elective public office in a partisan election.

Campaign Activities

While the source of the rules applicable to SPA and EPA employees differ, the rules applicable to both may be summarized as follows:

•  No employee may use State or university funds, services, equipment (including computers), supplies (including letterhead), mail service (including electronic mail), vehicles or other property to support or oppose a candidate or party.

•  No employee may promise or provide preferential or detrimental job-related treatment to another employee or applicant for the purpose of inducing support (financial or otherwise) or opposition to any candidate or party.

Educational Activities

Genuine curricular activities aimed at educating students about the political process are allowed. This would include, for example, inviting candidates to class as guest speakers for legitimate educational purposes.

Facility Use

The University, while non-partisan, recognizes that political discussion is an important part of the educational process. The WCU Facilities Use Policy contains a provision addressing political events on campus [ http://www.wcu.edu/chancellor/index/universitypolicy/policy82.html ]. It provides that political candidates may be invited to appear on campus by organizations affiliated with the University as long as space is properly reserved. All expenses associated with the event must be borne by the candidate or sponsoring organization. The Office of the Vice Chancellor for Advancement and External Affairs should be notified and may assist with the coordination of the event. The policy also allows use of outdoor spaces as long as the use is in accordance with policy requirements applicable to all users. For example, candidates would be allowed under the policy to distribute written materials in open, exterior campus spaces not otherwise restricted or reserved as long as an approved application to distribute written materials is on file. University facilities that are made available to the general public for a fee are also available for political events at regular rates and in accordance with facility procedures. Such events may not be subsidized or supported by the University. Facilities that are available for limited public use – where, for example, use is limited to sports events -- need not modify their use limitations to accommodate requests for political events.

The University is a non-profit, tax-exempt entity under the Internal Revenue Code. As such, use of its facilities for political fund raising is subject to scrutiny from the Internal Revenue Service and must be discouraged.

Please understand that the appearance of a candidate on campus does not imply university endorsement of that candidate. Policy #82 specifically provides that “[a]pproval for use of any facility at Western Carolina University does not mean that the University in any way supports, sanctions or agrees with the policies and activities of the user.” Affiliated organizations should inform their audiences of this policy provision.

Legal Counsel Web Page

This memo is posted on our web page, accessible through the Chancellor's division on Western's web site, in the FAQ section. If you have any additional questions, you may contact the Office of Legal Counsel.

Supervisors please provide a copy of this memo to any of your employees who do not have access to university email.