Keeping your nose clean while engaging in politics

by Christy Hickman, staff counsel

The Iowa presidential caucuses were a resounding success, and you should be very proud of your participation.

Although the political calls and television commercials have all but ceased, this is only a temporary lull. It will definitely be an active campaign season on the road to November, so it behooves us to consider the relationship between our political lives and professional lives as public employees.

This column is the first in a two-part series on navigating the campaign trail without running afoul of the law and your professional responsibilities. Here, I address how the state campaign guidelines impact ISEA members as private individuals. In the next issue, I will expand the discussion to address how these guidelines affect members if they speak or are perceived to be speaking on behalf of the Association.

Educators are free to get involved in the political process in any manner they choose-subject, of course, to the same guidelines and restrictions that would apply to all individuals. However, since educators are public employees they need to practice more care than the average citizen. Here are some simple guidelines for avoiding trouble:

You can be politically active on personal time (including personal time at work, such as break time). If you have a private break room, political discussions can voluntarily occur among staff in that area during personal time.

You are free to become involved in political committees, but you cannot be compelled to be involved.

You should not utilize any public resource as part of your involvement in a political activity. While occasional and incidental telephone calls and visits regarding political activity may be unavoidable during working hours, take care not to give the impression that a campaign is being run from the school or other work site.

You can send a letter to the editor or write a guest editorial espousing personal opinions on a political issue.

You are free to attend meetings, coffees, social events, etc., with your own representatives to express your own personal opinions on various issues.

You are free to pay for, and place, advertisements in the media as long as the document includes the name and address of the individual(s) paying for such document.

You can describe NEA's position on NCLB/ESEA issues and publicly urge both Democratic and Republican presidential candidates and members of Congress to adopt that position.

The bottom line? If you are engaged in any type of political activity you should be clear that any opinions expressed are personal and you are not speaking on behalf of a local education association, a school district, or any other organization.

(Part Two)

This column is the second in a two-part series on navigating the campaign trail without running afoul of the law or your professional responsibilities as a public employee.

In my last column, I cautioned members to avoid the use of public resources for political purposes and any appearance that their advocacy of a political viewpoint is made in their professional capacity. In this column, I will discuss restrictions on lobbying and campaign activities that could impact members of the ISEA and our local associations.

A local education association should avoid operating as a 'political committee'

Pursuant to Iowa campaign finance laws, an association or labor organization that accepts contributions, makes expenditures, or incurs indebtedness exceeding $750 annually "to expressly advocate the nomination, election or defeat of a candidate for public office, or to expressly advocate the passage or defeat of a ballot issue" is a "political committee." See Iowa Code Chapter 68A, Campaign Finance. Political committees are legally required to file a statement of organization within days of operation and must also file periodic financial disclosure statements.

A local education association operating as a political committee subjects the organization to the requirements of Chapter 68A. Taking on this extensive responsibility is far more than most local associations wish to manage. My best advice is to avoid these activities all together and encourage members to become involved with the ISEA Political Action Committee.

Separate and apart from a local association's status as a "political committee," it may never contribute dues money for a political purpose. The Public Employment Relations Act, Iowa Code Chapter 20, states that "any employee organization shall not make any direct or indirect contribution out of funds of the employee organization to any political party or organization or in support of any candidate for elective office." The same prohibition applies to the support of a bond issue.

Individual members should avoid becoming a 'lobbyist'

It is imperative individual members of the ISEA refrain from acting as lobbyists on behalf of the ISEA or their local education associations. A "lobbyist" is defined by Iowa Code Chapter 68B, Government Ethics and Lobbying, as an individual who is "a designated representative of an organization which has as one of its purposes the encouragement of the passage, defeat, approval, veto, or modification of legislation." The ISEA and all local education associations are organizations which have, as one of its purposes, the encouragement of the passage, defeat, approval, veto, or modification of legislation. Consequently, members who are viewed as speaking on behalf of the ISEA or a local association on a legislative initiative, a political campaign, or bond issue, could be at risk of acting as a "lobbyist." Lobbyists are subject to extensive regulation and ethical standards.

Although members should avoid acting as a lobbyist, there is no rule or law prohibiting them from providing information to, and speaking with, their own elected representatives. Members should not hesitate and are encouraged to attend legislative receptions or to otherwise contact their representatives.

Questions regarding campaign finance and lobbying should be directed to your local UniServ director or the ISEA Advocacy Services Department.