Political Activities of Employees and Candidacy for Elective Office

1. Purpose

• 1.1 In furtherance of applicable North Carolina law, the Board of Governors of the University of North Carolina has enacted policies governing the political activities of employees (UNC Policy 300.5.1-Political Activities of Employees) who are exempt from the State Human Resources Act (Chapter 126 of the North Carolina General Statutes) as well as the candidacy and officeholding of these employees (UNC Policy 300.5.2-Candidacy for Elective Office; Officeholding (Elective and Appointive Office) (the “UNC Policies”). These policies may be viewed at: https://www.northcarolina.edu/apps/policy/index.php?tab=policy. The purpose of this Policy is to formally adopt through action of the East Carolina Board of Trustees a campus- level policy that implements the requirements of the UNC Policies.

2. Scope

• 2.1 This policy applies to all East Carolina University employees who are exempt from the State Human Resources Act (Chapter 126 of the North Carolina General Statutes).

3. Definitions

• 3.1 Political Activity has the same meaning as defined in UNC Policy 300.5.1(I)(B)(10). As of the first date of enactment of this Policy, “Political Activity” means: Actions directed toward the success or failure of a candidate for public office, political party, or partisan political group including, but not limited to, campaigning, political management, and soliciting financial contributions for political purposes.
• 3.2 Unless otherwise stated, terms used in this policy have the same meaning as those terms are defined in UNC Policy 300.5.1(I)(B).

4. Policy

• 4.1 All East Carolina University employees who are exempt from the State Human Resources Act shall comply with this policy, the UNC Policies, and applicable ECU Regulations, Rules, and/or requirements as may be implemented by the Chancellor pursuant to the authority granted by the Board of Trustees in Article 9 of this Policy.
• 4.2 Violations of this Policy may be deemed to be a resignation of university employment under certain circumstances and, further, cause for disciplinary action, up to and including termination of employment, in compliance with applicable UNC and ECU policies.

5. Permissible Political Activities

• 5.1 Permissible Political Activities, including the prohibition on Compelling Speech, are addressed at UNC Policy 300.5.1(II)(A) and include, but are not limited to:
  • 5.1.1 Registering, voting, and otherwise participating in elections;
  • 5.1.2 Becoming a candidate for and holding public office in accordance with University policy;
  • 5.1.3 Expressing opinions privately and publicly on political subjects;
  • 5.1.4 Participating in political organizations;
  • 5.1.5 Participating in political campaigns;
  • 5.1.6 Engaging in political management; and
  • 5.1.7 Soliciting, accepting, receiving, and making financial contributions for political purposes to political parties, partisan political groups, and campaign committees of candidates for public office.
• 5.2 Academic Programming
• Subject to the prohibition against compelled speech stated at Article 7 of this Policy and UNC Policy 300.5.1(II)(A)(5), nothing herein prohibits, or otherwise limits, teaching, inquiry, classroom discussion or discourse concerning political issues, including campaigns, candidates, political groups or issues in campaigns for public office, that are within the subject matter of any academic program, course, curriculum, or study.
• 5.3 Neutrality and Personal Views
• An employee may participate fully in public affairs in a manner that does not compromise their efficiency or integrity as an employee or the neutrality, efficiency, or integrity of the University constituent institution or unit in which he or she is employed. In addition, the political opinions assumed by employees are personal ones, and employees must ensure that they do not imply that such opinions are endorsed by the University.
• 5.4 Matters Related to Political Activities
  • 5.4.1 Non-Partisan Opinion Polls and Equal Basis Speaking Opportunities for Registered Political Candidates
  • The University is permitted to conduct broad voter education, public opinion polls on issues, and voter registration drives, provided they are conducted in a non-partisan manner. Providing opportunities to speak on an equal basis for all registered candidates for public office is also allowed.
  • 5.4.2 Use of University Property by Political Campaigns Political campaign activities are permitted on University property only in compliance with applicable ECU and UNC policies and regulations.
  • 5.4.3 Use of University Facilities University facilities may be reserved for a fee for political events by contacting the Central Reservations Office or the Department of Athletics with regard to athletic facilities. However, such sponsored events may not be subsidized or supported by ECU.
  • 5.4.4 Speaking Invitations for Elected or Public Officials Any invitation to elected or public officials for speaking on campus for University sponsored events, such as commencement, or a unit academic or administrative event, requires advance written notification or approval from the Office of the Chancellor, pursuant to the REG01.25.01 Invitations to Elected Officials.
  • 5.4.5 Information of a Substantive Nature Consistent with UNC Policy 300.5.1(II)(C), the University will supply to any candidate for public office information of a substantive nature, whether it is information on agriculture, economics, education, or any other topic. It is important that all candidates know they can receive factual information from the University, but it should be made clear that the administration of the University will not be identified with any candidate or any party.

6. Prohibited Activities

• 6.1 Prohibited Activities are addressed at UNC Policy 300.5.1(II)(B). Consistent with this provision, an employee may not:
  • 6.1.1 Participate in political activity while on duty;
  • 6.1.2 Use the authority of their position, University funds, services, supplies, equipment, information technology resources, vehicles, or other University property, to endorse, campaign for, secure support for or oppose any candidate, political party, partisan political group, referendum, or issue in an election, or affect the results thereof; or
  • 6.1.3 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, including 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 public office, political party, or partisan political group.
  • 6.1.4 Senior Officers In addition to those prohibitions stated in Article 6.1.1, Senior University Officers shall not:
    • 6.1.4.1 Solicit, accept, or receive financial contributions from other persons or organizations on behalf of any candidate for partisan political office or the campaign committee of any candidate for partisan political office; or
    • 6.1.4.2 Endorse or oppose a candidate for partisan political office or a candidate for political party office in a political advertisement, broadcast, campaign literature, or similar material.

7. Prohibition on Compelling Speech

• 7.1 To mitigate the risk of compelled speech that undermines the intellectual freedom and fostering of free expression required by Article 36 of Chapter 116 of the General Statutes and embraced in Chapter VI of the UNC Code and Section 1300.8 of UNC Policy, ECU shall neither solicit nor require an employee or applicant for employment or academic admission to affirmatively ascribe to or opine about beliefs, affiliations, ideals, or principles regarding matters of contemporary political debate or social action as a condition to admission, employment, or professional advancement. Nor shall any employee or applicant for employment or academic admission be solicited or required to describe his or her actions in support of, or in opposition to, such beliefs, affiliations, ideals, or principles.
• 7.2 Practices prohibited here include but are not limited to solicitations or requirements for statements of commitment to particular views on matters of contemporary political debate or social action contained on applications or qualifications for admission or employment or included as criteria for analysis of an employee’s career progression.
• 7.3 If any unit believes a requirement or solicitation prohibited hereby to be necessary for reasons related to the educational, research, or public service mission of the university established in G.S. 116-1 shall obtain prior written approval to include such a requirement or solicitation from the Chancellor after the Chancellor obtains approval from the UNC System President following discussion in open session of a meeting of the Board of Governor’s Committee on University Governance attended by ECU’s Chancellor, Provost, and Chair of its Board of Trustees.
• 7.4 Any employee who acts in contravention of the foregoing prohibition on compelling speech shall be subject to existing disciplinary measures that may applied against employee(s).
• 7.5 Except as provided under current law, nothing in this Policy creates or vests a private remedy or claim in any employee for employment subjected to a practice prohibited hereby.
• 7.6 Nothing in this Policy modifies or otherwise affects the University of North Carolina’s existing guarantee of the right of academic freedom in its faculty’s academic scholarship or classroom instruction, or research pursuits, subject only to institutional academic tenure policies as contemplated in Section 602 of The Code, as well as applicable law and UNC Code and Policy.
• 7.7 Nothing in this Policy infringes upon the ability of an employee or applicant for employment to voluntarily opine or speak regarding any matters, including those of contemporary political debate or social action, as contemplated in this Policy. Nor shall anything in this Policy prohibit discussion with, or questioning of, an employee or applicant regarding the content of the employee’s or applicant’s resume, curriculum vitae, body of scholarship, or other written work or oral remarks presented by the employee or applicant in his or her own support.
• 7.8 Nothing in this Policy modifies or affects ECU’s ability to ensure its employees comply with applicable federal or state law or existing employment requisites under the law or agency policy, such as employment oaths, appointment affidavits, and licensure and certification requirements.
   

8. Elective and Appointed Office

• 8.1 University employees (part-time or full-time) who are exempt from the State Human Resources Act and who intend to run or hold any elective or appointive public office, whether part-time or full-time, must comply with Chapter 300, Sections 300.5.1 and 300.5.2 of the UNC Policy Manual adopted by the Board of Governors, and this Policy. This may require that before becoming a candidate for or holding political office, the employee must make disclosures and receive approvals prescribed by the University and the UNC President. Failure to follow these directives may lead to automatic resignation from University employment in some circumstances. Failure to comply with applicable policies also constitutes a violation of the terms and conditions of University employment that may result in disciplinary action, up to and including discharge from University employment.
• 8.2 University employees who are subject to the State Human Resources Act who intend to run for or hold any elective or appointive public office, whether part-time or full-time, must comply with all Office of State Human Resources policies, including the policy on Secondary Employment and obtain the necessary approval before occupying any political office.
• 8.3 Any faculty member or staff member exempt from the State Human Resources Act contemplating serving in an elective or appointive public office, or becoming a candidate, should contact the Office of University Counsel before filing as a candidate for or assuming such office. The purpose of this contact is to review University policy in this area and to initiate the process for review of and action on the political activity by the Board of Trustees or Board of Governors if necessary. Where such approval is required, the faculty member or staff member must submit a completed Petition Regarding Political Activity on a form prescribed by the Board of Governors as early as possible but in no event later than the following:

For affected academic periods beginning:	Completed petition to be received by the Chancellor:
January (e.g., for a May primary contest)	October 15 of preceding year
May/June (e.g., for fall elections affecting summer employment)	March 15
August/September (e.g., for fall general election)	June 15
Other periods	90 days prior to beginning of period

9. Implementation

• 9.1 The Chancellor is hereby authorized to take all steps necessary to implement this Policy and the requirements of the Board of Governors concerning political candidacy and office holding, and concerning participation in political activities, for all employees of East Carolina University, whether subject to the State Human Resources Act, including, but not limited to, through adoption of ECU Regulations, Rules, and other requirements. The schedule for submission of petitions, the form for such petitions, and requirements for informing all exempt employees of the requirements related to political candidacy and office holding shall be identical whether authority for final approval of the petition resides with the Board of Governors of The University of North Carolina or with the Board of Trustees of East Carolina University.