Law governs political activities of WWU faculty and staff

Wendy Bohlke, senior counsel for Western Washington University, provides every year an updated guide to the laws governing the political behavior of faculty and staff. Below is her election law guide for 2011.

Legally permissible activities for faculty and staff:

• Wearing campaign buttons to work or placing such material in personal, assigned space
  • but balancing that free speech right against the obligation to not use visible public facilities to post such material, which might leave the impression that the campaign is favored by the institution, its leadership or staff
• Allowing de minimis use of public facilities
  • by statewide elected officials, legislators, and candidates
    • to communicate views on ballot measures and political campaigns in public forums (but do no fundraising using public facilities or resources)
    • by means to keep peace and fairly allocate space among competing users
    • at times and locations to allow for public reception without disrupting classes or worksites
  • Participating in campaigns on personal time, so long as participation is not tied to assessment of job performance. Personal time is:
    • time outside the individual’s normal work day, or
    • vacation or other approved leave status

Impermissible activities for faculty and staff:

• Using work time to solicit support, opposition, signatures or money for ballot measures
• Using work time to campaign for or against a candidate for public office
• Using public property to campaign for or against a candidate or measure; except that ‘neutral forum’ public property otherwise open to public use can be used for campaigning
• Using public facilities or supplies for campaigns or measures, which includes office space, email, word processing, paper, and other publicly owned property, for campaigns, whether during or after work hours
• Displaying or distributing political material in or on publicly owned vehicles or facilities
• Using publicly owned facilities to instruct or urge public employees to campaign for candidates or measures, or implying that job performance might be judged according to willingness to use their own time on a campaign
• Using public time or facilities to draft or pass a resolution by an appointed committee or board, taking an official position regarding a pending ballot measure or endorsement of a particular candidate. See RCW 42.52.180 on Limitations to Use of Public Facilities in Campaigns.

Questions? Contact Wendy Bohlke, senior counsel, WWU Office of Attorney General, at (360) 650-2040.