Annual University Employment and Political Activities Notification

As we approach election season, we wanted to share this reminder with respect to employees and political activities.  
   
Overview  
 
The ability to participate in civic life and activities is one of the fundamental tenets of our society. Being a university employee does not mean you lose any of your constitutional rights as a citizen to participate in the political process. However, because you are a university employee, you must also be aware of the limitations on participation in partisan or political activity during work hours and limitations on the use of university property. This document summarizes the laws and policies and is intended to be a helpful resource for university employees.  
 

1. No employee may engage in political activity while on duty. Political activity includes any action directed toward the success or failure of a candidate, political party, or partisan political group. This includes campaigning and/or taking an active part in managing a campaign. N.C.G.S. §126-13; State Human Resources Policy (Section 3, page 26 and page 35); Section 300.5.1 of the UNC Policy Manual. 

 

2. Due to potential conflicts of interest or time, all EHRA employees (Faculty and EHRA Non-Faculty) becoming candidates for or holding political offices must make certain disclosures and receive various approvals. Prospective candidates or office holders for some political offices must use the form or format prescribed by the UNC System President to petition the Board of Governors or the board of trustees for approval in advance. Sections 300.5.1 and 300.5.2 of the UNC Policy Manual. 

 

3. Community service leave may be used only for serving inside a polling facility in a non-partisan, unpaid role, such as assisting voters with the voting process. If an employee is receiving any payment for such activities or is standing outside the polling facility to distribute candidate information, then vacation/ bonus leave, or available comp time must be used. N.C.G.S. §126-13; State Human Resources Community Service Leave Policy (pages 5 and 7). 

 

4. Voting is not permitted during work time. Most polling stations are open for extended hours and therefore allow most employees to vote before or after work. Additionally, employees have other options, such as early voting or voting during their scheduled meal break. Management may allow employees to use available vacation/bonus leave or comp time for hours missed during the employee’s regular work schedule for voting purposes. Management, to the extent business operations allow, may provide employees a flexible work schedule so that they can make up the missed time within the same work week. 

 

5. In general, no employee may use his or her position to secure support for, or to oppose, any candidate or issue in an election involving candidates for office or party nominations. In addition, no individual or group may use state or university funds, services/resources (including mail and email service or official university social media accounts), supplies (including letterhead and postage), equipment (including telephones, computers, photocopiers, and fax machines), vehicles, or other university property to secure support for, or to oppose, any person or issue in any election. This prohibition applies equally to university faculty, staff, and students, and to individuals external to the University. N.C.G.S. §126-13; Section 300.5.1 of the UNC Policy Manual. 

 

6. No employee may coerce an employee or applicant to support or contribute to a political candidate, political committee, or political party or to change the party designation of their voter registration. N.C.G.S. §126-14. 

 

7. No EHRA employee (Faculty and EHRA Non-Faculty) may promise preferential treatment (or confer such preference) or threaten detrimental treatment (or actually impose such detriment) to any person to induce support for, or opposition to, a candidate, political office, or partisan political group. Section 300.5.1 of the UNC Policy Manual. 

 

8. Each member of the university community has the right to freely express their views on any subject, including advocacy for/against candidates for public office, so long as the activity follows the provisions referenced above. First Amendment to the U.S. Constitution and by the N.C. Constitution, Article 1, Sec. 14, Freedom of Speech and Press; N.C.G.S. §126-13; Article 36 of N.C.G.S. 116 (S.L. 2017-196); and Sections 300.5.1, 300.8.5, and 1300.8 of the UNC Policy Manual. 

 

9. Employees may participate fully in public affairs in a manner that does not compromise their efficiency or integrity as employees or the neutrality, efficiency, or integrity of the constituent institution or unit in which they are employed. To that end, employees must not imply that the political opinions they assume are endorsed by the university. Section 300.5.1 and 300.8.5 of the UNC Policy Manual. 
    
10. Employees shall neither solicit nor require an employee or applicant for academic admission or employment to affirmatively ascribe to or opine about beliefs, affiliations, ideals, or principles, regarding matters of contemporary political debate or social action as a condition of admission, employment, or professional advancement. Additional information can be found on the UNCW Equality Policy information webpage, in UNC Policy Manual Section 300.5.1, and in N.C.G.S. § 126-14.5. Further, employees must not compel State employees or students to affirm or profess belief in the concepts described in subsection (c) of § 126-14.6. Section 300.8.5 of the UNC Policy Manual.  

 
 
In sum, faculty, staff, and administrators may engage in political activities so long as they are conducted independently from their employment. Activities should be conducted using personal time, non-university resources, in your individual capacity and not using the authority of your position. It also is important to note that some of these provisions do not apply to non-partisan referenda, such as bond referenda. 
 
If you have any questions about this memorandum or faculty and staff political activity and free expression, please contact this office or the  UNCW  Office of General Counsel.