| Because
faculty and staff who work for Metro State are employees of the state
of Colorado, there are laws that restrict their political activities.
Here are some things to remember:
Individual
campaigns for public office
- It is illegal
to campaign for or against a candidate for public office on state
time or using state funds.
- It is perfectly
legal to work for a campaign on your own time or donate personal resources
to a candidate or campaign.
Ballot
issues or referenda
- It is illegal
for a state organization or employee to campaign for or against ballot
issues and referenda during state time or using state monies.
- However, for
state entities that might be directly affected by a ballot initiative,
the organization may provide objective information about the affects
the measure could have. A state employee, therefore, may respond to
questions about a ballot issue if the question is unsolicited. No
employee may spend more than $50 responding to any one issue.
- For example,
if a faculty member was giving a speech and an unsolicited question
about an initiative arose from the audience, the faculty member could
respond to the question as long as he or she doesn’t take a
position for or against the initiative.
- A state organization
such as Metro State may expend funds to create an “unbiased
faculty summary” on issues of “official concern”
to the organization. The summary must include arguments for and against
the measure and cannot encourage voters to vote one way or another.
- The Colorado
Supreme Court has ruled that state organizations must be very mindful
not to “attempt to sway the electorate” on ballot proposals
because public funds “belong equally to the proponents and opponents
of the proposition.”
- It is perfectly
legal to work on your own time for or donate personal resources to
ballot issues or referenda.
State employees
running for office
- The federal
“Hatch Act” prohibits state employees from becoming candidates
for “elective partisan office” if your principal employment
is connected to federal funds. If you are considering a run for office,
you must determine whether you are a “covered employee.”
The Hatch Act may apply even if a small amount of your work is federally
funded or if you oversee employees whose work is federally funded.
- The Hatch Act
is very complex. If you or someone you manage is interested in running
for office, your division may need to consult an attorney about how
to proceed.
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