Office of the Provost

Faculty and Unclassified Staff Handbook
Chapter 4 -- Faculty: Benefits, Responsibilities, and Specific Requirements

Political Activity by State Employees

Two general prohibitions are applicable to all state employees. First, K.S.A. 1987 Supp. 75-2953 provides:

1. No officer, agent, clerk, or employee of this state shall directly or indirectly use his or her authority or official influence to compel any officer or employee in the classified service to apply for membership in or become a member of any organization, or to pay or promise to pay any assessment, subscription or contribution, or to take part in any political activity. Any person who violates any provisions of this section shall be guilty of a Class C misdemeanor, and, upon conviction, shall be punished accordingly, and if any officer or employee in the classified service is found guilty of violating any provision of this section, such officer or employee shall be automatically separated from the service.

2. Any officer or employee in the state classified service shall resign from the service upon filing as a candidate for an elective office, unless the elective office filed for is a township elective office, a county elective office, an elective office in the judicial branch of government, or is elected on a nonpartisan basis. Elective office shall not mean or include the office of precinct committeeman or precinct committeewoman.

Second, the 1988 Kansas Legislature enacted a prohibition regarding solicitations of state employees for political campaign contributions. New Section 4 of 1988 Senate Bill 654 (L. 1988, Ch. 331, sec. 4) provides:

a. No supervising official shall solicit any contribution to or on behalf of any state officer or candidate for state office from any state employee under the supervision of such supervising official.

b. The director of the division of personnel services is prohibited from giving any list of names and residence addresses of state employees to any person knowing that such list will be used for the purpose of soliciting contributions from, or mailing political campaign literature or advertising to, such state employees.

c. No state employee who lawfully, willingly, and voluntarily makes a contribution to or on behalf of any state officer or candidate for state office shall be dismissed, demoted, suspended, or subjected to any other disciplinary action because of the making of such contribution.

d. Violations of this section shall be enforced by the attorney general or a county or district attorney in the county in which the violation took place. Violations of this section shall be punishable by a civil penalty of up to $2,500 per violation.

e. As used in this section:

1. "State employee" means any person holding a position in the classified service under the Kansas civil service act; and

2. "contribution" has the meaning ascribed thereto in the campaign finance act.

Special prohibitions are applicable to members of the Kansas Highway Patrol pursuant to K.S.A. 74-2113(e). Other limitations on political activity may be applicable to some employees engaged in the administration of certain federal programs or compensated with federal funds. In addition, public employee organizations are prohibited from engaging in political activities pursuant to K.S.A. 75-4333(d).

All employees should carefully follow the provisions of the statutes applicable to them. If doubt exists as to the propriety of a particular conduct, the conduct should be avoided or an appropriate legal opinion should be sought in advance. The following guidelines are suggested in an effort to conform to the general law involved and to avoid any question of impropriety:

1. Supervisors or members of their immediate families should not solicit classified employees under their supervision for political contributions or for participation in political activities.

2. Solicitation for political contributions or for political activities should not occur on state property or during regular hours of employment.

3. To the extent solicitations for funds or activities are lawful and appropriate, they should not be made with expressed or implied offer of special favor or threat of penalty.

4. State employees should confine their political activities to areas other than their place of employment, and to times other than their hours of employment.

5. Campaign buttons should not be worn at an employee's place of employment or during an employee's hours of employment.

6. Campaign paraphernalia should not be transported in state vehicles, nor should political stickers be displayed on state automobiles.

Except for members of the Kansas Highway Patrol and others subject to specific limitations under federal law, regulation, or agreement, state employees may voluntarily engage in the following political activities on their own time and in places other than their place of employment.

1. Be a member of the political party of their choice.

2. Actively engage in campaigning for the party or the candidate of their choice.

3. Contribute to the political party and candidates of their choice.

4. Solicit funds from non-state employees for the political party and candidates of their choice.

All employees should be encouraged to register to vote and vote in all elections for which they are qualified.

Agencies shall see that all officers and employees are made aware of the general contents of this memorandum and applicable laws. This letter was referenced:

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(From a letter from Governor Mike Hayden, dated August 8, 1988, regarding Political Activity by State Employees.)

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