What Should PUD Employees Avoid During Campaign Season
With campaign season in full swing, we like to remind employees of their rights and restrictions when it comes to supporting (or opposing) a candidate or ballot measure. Because we work for a local government agency, the rules are different for us versus privately employed citizens.
The use of public office or agency facilities in campaigns is governed by RCW 42.17A.555 with oversight from the Public Disclosure Commission (PDC). The law reads: “No elective official nor any employee of his or her office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition.”
It is important to note that RCW 42.17A.555 does not restrict the right of any individual to express their own personal views concerning, supporting, or opposing any candidate or ballot proposition, if such expression does not involve a use of the facilities of a public office or agency.
The PDC has a more comprehensive set of guidelines here: Guidelines for Local Government Agencies in Election Campaigns | Washington State Public Disclosure Commission (PDC)
HERE ARE SOME BASIC PRINCIPLES EMPLOYEES SHOULD KNOW
Public facilities may not be used to support or oppose a candidate or ballot proposition. Facilities include local government agency equipment, buildings, supplies, employee work time, and agency publications.
The PDC allows local government to inform the general public of the operational and maintenance issues facing local agencies including informing the community of the needs of the agency that the community may not realize exist. Local governments may expend funds for this purpose provided that the preparation and distribution of information is not for the purpose of influencing the outcome of an election.
Public employees do not forfeit their rights to engage in political activity because of their employment. Neither may agency employees be subjected to coercion, pressure, or undue influence to participate in political activity or to take a particular position. Public Officials and employees should make it clear that any participation is personal rather than officially sponsored.
A Public Agency has a duty to know, apply, and communicate to their staff the difference between acceptable information activities and inappropriate promotional activities in support of local government campaigns or ballot measures.
Local elected officials are free to support agency ballot issues and engage in other political activities as long as such activities do not make use of government facilities, time or resources and do not either pressure or condone employees' use of agency facilities, time or resources to support ballot issues.
PERMITTED & RESTRICTED ACTIVITIES
In conjunction with the RCW & PDC rules, the PUD has its own standards of conduct. Below is a table that combines the PUD 3 and PDC guidance:
NOT PERMITTED
Shall NOT use work hours or public resources to promote or oppose a candidate or ballot measure (including gathering signatures, distributing campaign materials, arranging speaking engagements, or fundraising, etc.)
May NOT wear campaign buttons or campaign t-shirts or similar items while on the job. (PUD 3 restriction).
May NOT place campaign materials in lunchrooms/break rooms/ or any public space on PUD grounds. (PUD 3 restriction).
Shall NOT pressure or coerce other employees to participate in campaign activities.
Shall NOT use agency resources to organize the distribution of campaign materials.
PERMITTED
May talk to other employees during non-work hours of opportunities to participate in campaign activities.
May engage in campaign activities during own time, during non-work hours and without using public resources.
May respond to questions regarding a ballot measure if such activity is consistent with their normal and regular duties (this would only apply to specific positions on the executive team at the utility).
May place window signs or bumper stickers on their privately-owned cars, even if those cars are parked on government property during working hours.
If you have any questions or would like to confirm whether an activity is acceptable or not, contact Lynn Eaton in Communications & Government Relations at extension 5295 or lynne@masonpud3.org.