ORS 260.432
Solicitation of public employees

  • activities of public employees during working hours
  • recognized student government exception

(1)

No person shall attempt to, or actually, coerce, command or require a public employee to influence or give money, service or other thing of value to promote or oppose any political committee or to promote or oppose the nomination or election of a candidate, the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office holder.

(2)

No public employee shall solicit any money, influence, service or other thing of value or otherwise promote or oppose any political committee or promote or oppose the nomination or election of a candidate, the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office holder while on the job during working hours. However, this section does not restrict the right of a public employee to express personal political views.

(3)

Each public employer shall have posted in a conspicuous place likely to be seen by its employees the following notice in printed or typewritten form:

ATTENTION ALL PUBLIC EMPLOYEES:
The restrictions imposed by the law of the State of Oregon on your political activities are that “No public employee shall solicit any money, influence, service or other thing of value or otherwise promote or oppose any political committee or promote or oppose the nomination or election of a candidate, the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office holder while on the job during working hours. However, this section does not restrict the right of a public employee to express personal political views.”
It is therefore the policy of the state and of your public employer that you may engage in political activity except to the extent prohibited by state law when on the job during working hours.

(4)

Intentionally left blank —Ed.

(a)

Notwithstanding subsections (1) and (2) of this section:

(A)

The recognized student government of a community college or public university listed in ORS 352.002 (Public universities), or a member of the recognized student government while acting as a member, may make a statement or issue a resolution to promote or oppose:
(i)
The gathering of signatures on an initiative or referendum petition; or
(ii)
The adoption of a measure.

(B)

A member of the board of education of a community college district, a member of the governing board, as defined in ORS 352.029 (Definitions for ORS 352.025 to 352.146 and 352.388 to 352.415), of a public university or an employee of a community college or public university may take any action as a public employee that is necessary to allow the recognized student government, or member of the recognized student government, to engage in activities described in subparagraph (A) of this paragraph.

(b)

Except for facilitating the actions described in paragraph (a) of this subsection, the recognized student government of a community college or public university, or a member of the recognized student government while acting as a member, may not use mandatory student-initiated fees, mandatory enrollment fees, mandatory incidental fees or any public moneys to promote or oppose any political committee or promote or oppose the nomination or election of a candidate, the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office holder.

(5)

Nothing in this section prohibits an employee of the legislative branch from explaining the vote of a member of the Legislative Assembly on:

(a)

An Act that has been referred to the people by law or petition under Article IV, section 1 (3), of the Oregon Constitution;

(b)

An Act for which a prospective referendum petition has been filed under ORS 250.045 (Prospective petition); or

(c)

A constitutional amendment or revision proposed under Article XVII, section 1 or 2, of the Oregon Constitution.

(6)

As used in this section:

(a)

“Public employee” does not include an elected official or a person appointed as a director to the board of a pilot education service district under ORS 334.108 (Number of board members).

(b)

“Public employer” includes any board, commission, committee, department, division or institution in the executive, administrative, legislative or judicial branch of state government, and any county, city, district or other municipal corporation or public corporation organized for a public purpose, including a cooperative body formed between municipal or public corporations. [Formerly 260.231; 1973 c.53 §1; 1973 c.744 §27a; 1979 c.190 §372; 1979 c.519 §35a; 1983 c.71 §9; 1983 c.392 §1; 1985 c.565 §39; 1985 c.808 §62; 1987 c.718 §3; 1993 c.493 §106; 2007 c.589 §§7,8; 2010 c.9 §§15,16; 2013 c.13 §2; 2019 c.377 §1]

Source: Section 260.432 — Solicitation of public employees; activities of public employees during working hours; recognized student government exception, https://www.­oregonlegislature.­gov/bills_laws/ors/ors260.­html.

Notes of Decisions

City charter and ordinance provisions which subjected municipal political activities of city employes during nonworking hours to virtually complete restrictions were preempted by this section, which is general law establishing permissible degree of regulation of public employe’s political freedom. Williams v. City of Astoria, 43 Or App 745, 604 P2d 411 (1979), Sup Ct review denied

Prohibition against requiring public employee to support political cause does not supersede right of exclusive representative of employees to collect payment-in-lieu-of-dues to support political position affecting rights of represented employees. Carlson v. AFSCME, 73 Or App 755, 700 P2d 260 (1985), Sup Ct review denied

Attorney General Opinions

Application of federal Hatch Political Activities Act to employes who run for partisan elective office, (1978) Vol 38, p 1826; because ORS 352.105 does not require that programs funded with mandatory incidental fees be under supervision or control of boards that collect them, this section does not prohibit State Board of Higher Education from providing mandatory incidental fees to student organization that would use incidental fees to advocate for or against ballot measure, (2015) No. 8289

260.005
Definitions
260.007
Exclusions from definitions of “contribution” and “expenditure.”
260.011
Prohibition on using cryptocurrency to make contribution
260.035
Treasurer and statement of organization for political committees and candidates
260.037
Liability of candidate or treasurer for default or violation of treasurer obligations
260.038
Treasurer of more than one candidate or committee
260.039
Content of statement of organization of candidate or principal campaign committee
260.041
Principal campaign committee
260.042
Content of statement of organization of political committee
260.043
Exemptions for candidate who expects neither contributions nor expenditures to exceed $750 or $3,500
260.044
Statement of independent expenditures
260.046
Discontinuance of statement of organization
260.049
Reports to be filed by certain corporations
260.052
Political committee identification number
260.054
Political committee campaign account
260.055
Accounts of contributions and expenditures
260.056
Written loan agreements
260.057
Electronic campaign finance filing system
260.064
In-kind contribution from candidate, political committee or petition committee
260.076
Statements of contributions received during session of Legislative Assembly
260.078
Reporting contributions and expenditures not previously reported
260.083
Contents of statements
260.085
Listing of occupation of contributor
260.095
Reporting expenditures that are both in-kind contributions and expenditures
260.112
Filing of certificate by candidate or treasurer of political committee or petition committee who expects neither contributions nor expenditures to exceed $3,500
260.118
Treasurer and statement of organization of petition committee
260.156
Rules for reporting expenditures and contributions
260.163
County or city campaign finance provisions
260.200
Secretary of State rules for accounts, forms, material to be retained and material not subject to disclosure
260.205
Inspection of statements
260.215
Periodic examination and investigation of statements
260.218
Subpoena authority
260.225
Court proceedings to compel filing of correct statements
260.232
Civil penalty for failure to file statement or to include required information
260.234
Notice of civil penalty
260.241
Removal from general election ballot for failure to file statement
260.245
Withholding certificate of election or certificate of nomination for failure to file statement
260.255
Preservation of filed statements by filing officers
260.262
Accounts of chief petitioners
260.266
Statement of persons who paid for communication in support of or in opposition to clearly identified candidate
260.275
Definitions for ORS 260.275 to 260.285
260.281
Donor identification lists
260.285
Civil penalty for failure to file donor identification list or to include required information
260.315
Distribution of copies of law
260.345
Complaints or other information regarding violations
260.351
Court proceedings for election law violations, generally
260.355
Deprivation of nomination or office for deliberate and material election violation
260.365
Election or appointment after deprivation of nomination or office for violation
260.368
Investigations of violations of prohibition on payment based on number of signatures obtained on petition
260.402
Contributions in false name
260.407
Use of contributed amounts for certain purposes
260.409
Expenditures for professional services rendered by candidate
260.413
Prohibition on committee providing consideration in connection with nondisclosure agreement relating to workplace harassment
260.422
Acceptance of employment where compensation to be contributed
260.432
Solicitation of public employees
260.532
False publication relating to candidate or measure
260.537
False publication intended to mislead electors
260.550
Use of term “incumbent.”
260.555
Prohibitions relating to circulation, filing or certification of initiative, referendum or recall petition
260.556
Secretary of State prohibited from counting petition signatures obtained by certain persons
260.558
Payment for signing or not signing initiative, referendum or recall petition
260.561
Liability of certain chief petitioners for violations committed by persons obtaining signatures on petition
260.563
Liability of contractor obtaining signatures on petition for violations committed by subcontractor
260.567
Alteration of information on petition signature sheet
260.569
Payment based on signatures obtained on nominating petition or voter registration card
260.575
Use of threats and intimidation for purpose of extorting money
260.635
Bets and wagers on election results
260.645
Illegal acts relating to voting machines or vote tally systems
260.665
Undue influence to affect registration, voting, candidacy, signing petitions
260.675
Prohibited distribution of ballots
260.685
Elections official compliance with directives of Secretary of State
260.695
Prohibitions relating to voting
260.705
Premature release of vote tally
260.715
Prohibited conduct
260.993
Criminal penalties
260.995
Civil penalties
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