POL - 01.04.1 Political Activities Policy

1. Introduction

1.1 Each member of the North Carolina Central University (NCCU) community has the right to freely express his/her views on any subject, including advocacy for, or against, candidates for public office and for, or against, political issues. This expression is protected by the First Amendment of the U.S. Constitution and by the N.C. Constitution, Sec. 14, Freedom of Speech, and Press. In exercising these rights, however, the resources of NCCU cannot be used and political activities cannot be incompatible with the general responsibilities of public employment.

1.2 This policy applies explicitly to the use of public resources in support of, or in opposition to, political campaigns and issues. It is not intended to limit discussion among faculty, staff and students, and other State employees regarding political or campaign issues or candidates or to limit debates at which candidates or speakers have equal time.

2. Scope

2.1 This policy applies to all NCCU employees, and University contractors.

3. Definitions

3.1 “Campaign” or “campaigning” means all acts done by a candidate and their adherents to obtain votes to be cast toward a nomination or in an election.

3.2 “Candidate” means an individual who seeks nomination or election to any elective public office whether or not the person is elected. Absent any other evidence of candidacy, an individual is deemed to be a candidate if the individual has received political contributions or made expenditures or has consented to another person receiving contributions or making expenditures with a view to bringing about the individual’s nomination or election.

3.3 “Election” includes a primary, special, runoff, or general election.

3.4 “Partisan” when used as an adjective means related to a political party.

3.5 “Partisan political group” means any committee, club, or other organization that is affiliated with a political party or candidate for public office in a partisan election, or organized for a partisan purpose, or which engages in partisan political activity.

3.6 “Partisan political office” means any public office for which any candidate is nominated or elected as representing a political party but does not include any office or position within a political party or affiliated organization.

3.7 “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.

3.8 “Political management” means taking an active part in the direction, supervision, or management of a partisan political group or a campaign for public office.

3.9 "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).

3.10 “Political party” means a national political party, a state political party, or an affiliated organization.

3.11 “Senior officers” means the president, the chancellor, and the senior academic and administrative officers (SAAO) described in Policy 300.1.1, subpart I.A.

3.12 “Solicit” means to request expressly of another person that he or she contribute something to a candidate, a campaign, a political party, or partisan political group.

4. Impermissible Activities

4.1 Engagement in political activities by NCCU employees during working hours, while on duty, is not permitted. Political activity must be conducted independently from NCCU employment. Consistent with State law, no NCCU employee may take an active role in managing a campaign or engage in political activity when expected to work or perform services for NCCU. Such activities may be conducted only at times when political activity does not interfere with university employment obligations.

4.2 NCCU is not permitted to endorse any political party, candidate, or cause. NCCU officials must refrain from activities that may be perceived as university support of a political campaign.

4.3 Employees may not use their position, the authority of their position, or property of the University to endorse, campaign for, secure support for or to oppose any candidate, political party, partisan political group, referendum, or issue in any election, or affect the results thereof.

4.4 No State employee or NCCU official may coerce, solicit, or compel a University employee to support or contribute to a political candidate, party, or cause.

4.5 NCCU funds, equipment, or services (Resources) (e.g., vehicles and other equipment, telephones, campus mail, computers and e-mail, postage, photocopying, and fax, etc.) may not be used for political activities. This applies to faculty, staff, University contractors, students, and other individuals external to the University.

4.6 Employees may not use Community Service Leave to work at campaign sites or to engage in other political activities related to an election (i.e., handing out campaign brochures, transporting voters, holding signs, etc.). Employees engaged in these types of activities should use other leave (i.e., annual, bonus, special) to cover time off.

4.7 Voting is not allowed as work time. Most polling stations are open extended hours and should 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 compensatory time for hours missed during employees’ regular work schedule for voting purposes. Management, to the extent business operations allow, may provide employees with a flexible work schedule so that they can make up the missed time within the same work week.

4.8 No University employee may promise preferential treatment (or actually confer such preference) or make any threat of detrimental treatment (or actually impose such treatment/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.

4.9 NCCU employees in federally aided programs are also subject to the Federal Hatch Political Activities Act, as amended 5 U.S.C 1501-1508.

4.10 As it relates to Senior Officers, and subject to the restrictions in the UNC Policy Manual 300.5.1, Section II.C., the University will supply any candidate for public office information of a substantive nature, whether it is information on agriculture, economics, education, or any other topic. It should be made clear that the administration of the University will not be identified with any candidate or any party, and it is important that all candidates know that they can receive factual information from the University.

4.10.1 NCCU Senior and Academic Administrative Officers (SAAO) shall not solicit, accept, or receive financial contributions from other persons or organizations on behalf of any candidate for partisan political office or campaign committee of any candidate or partisan political office.

4.10.2 NCCU SAAO shall not 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.

4.11 Violation of the prohibitions contained in section 4, shall be cause for appropriate disciplinary action, including discharge from employment.

5. Permissible Activities

5.1 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.

5.2 Political campaign activities are permitted on university property only if they are (1) sponsored or hosted by registered student organizations and (2) all expenses related to the activity, if any, are borne by the candidate, political organization, or student organization. University facilities may be reserved and rented for a fee for political events per University policies and charges. However, these political events shall not be subsidized, endorsed, or supported by the NCCU.

5.3 An employee may engage in political activity to the extent not expressly prohibited by law or applicable policy. Some examples of these permissible activities like voting, participating in elections, participating in political organizations, are listed in the UNC Policy Manual 300.5.1 Section II.A.

5.4 Subject to the prohibition against compelling speech as described the UNC Policy Manual 300.5.1, Section II.A.5, nothing in this policy prohibits, or 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.

5.4.1 Any employee who acts in contravention of the prohibition on compelling speech, violating the law, the UNC Code, and other UNC policies, shall be subject to appropriate disciplinary action, including discharge from employment.

5.5 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.

5.6 Employees are allowed to use Community Service Leave if they are volunteering to work inside the polling place to facilitate the voting process on behalf of the state or local Board of Election.

6. Political Candidacy

6.1 University employees 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 Section 300.5.2 of the UNC Policy Manual adopted by the Board of Governors. This may require that the employee must make disclosures and receive approvals on a prescribed schedule prior to becoming a candidate or holding political office. Failure to follow these directives constitutes a violation of the terms and conditions of university employment and may result in disciplinary action.

7. Areas Open to Speech

7.1 The Free Speech and Free Expression Policy (POL-01.04.3) outlines certain designated areas on campus, also known as designated public forums, where individuals may engage in spontaneous, and expressive activity.

8. Policy Governing Political Activities

8.1 As provided in the UNC Policy Manual, 300.5.1, section III, B, the Board of Trustees will adopt policies governing the political activities of employees and these policies whether adopted or substantively amended shall be effective upon approval by the president.

9. Relations to Other Laws

9.1 This policy supplements and is not purporting to supplant or modify statutory enactments and rights which may govern or limit the political activities of employees of the State of North Carolina.