Pushing the envelope
At what point does this violate this?
ORS 260.432 [A]ctivities of public employees during working hours.***
(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.
| Posted at 7:23 AM | Permalink |
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Comments (13)
Before he actually kicked off his campaign against Saxton, Kulongoski was all over the early morning news in a "public service" announcement concerning protecting the elderly. It was shot in a nursing home and paid for by DHS dollars. These spots went on for weeks. It was amazing, considering the governor had gone out of his way to remain unseen during most of his first term.
Pretty cagey.
Posted by Dave Lister | October 8, 2007 8:52 AM
The Governor is not a government employee, he is an elected official. Thus, he can say what he wants when he wants. The line would be crossed if he ordered state employees to use state resources to advocate on behalf or against any measure. I would say, however, if he is using the state paid phone making calls, this could be construed as a violation of state statutes.
Posted by Jeff | October 8, 2007 8:57 AM
It hardly matters, the state AG will not even inquire.
TK could be off the job, barely breathing, before the Secretary f State would notice, but again no action will be taken.
Posted by Nonny Mouse | October 8, 2007 8:57 AM
Tom Potter lent his publicly paid staff to "guide" the Committee to rename Interstate Blvd. Out tax dolalrs were put to use AGAINST the neighborhoods.
Posted by Angry | October 8, 2007 9:17 AM
How many dollars did outgoing Metro Councilor Newman steer to his former employers Parsons-Brinkerhoff for light rail consultation and design work? Did he even excuse himself from votes that might have any bearing in these matters?
Of course, as long as Oregon has partisan hacks like Bill Bradbury and asleep at the wheel Hardy Meyers don't expect anything to happen.
Posted by Dave A. | October 8, 2007 9:21 AM
An elected official, yes. And also a public employee. However, he sets his own "working hours", unless you would want to make the argument that as Governor, he's always "working".
Outside of working hours, he is free to express his political views. As long as he doesn't use public buildings, phones, cars, etc. to do so.
Posted by Robert Canfield | October 8, 2007 9:29 AM
Jack, you should have kept reading. ORS 260.432(4)(a) says:
(4) As used in this section:
(a) "Public employee" does not include an elected official.
* * *
Posted by Jack Roberts | October 8, 2007 10:16 AM
260.432 Solicitation of public employees; activities of public employees during working hours.
(4) As used in this section:
(a) "Public employee" does not include an elected official.
Link to ORS Chapter 260:
http://www.leg.state.or.us/ors/260.html
Posted by PMG | October 8, 2007 10:20 AM
Read even further down, they have another exemption:
260.432 Solicitation of public employees; activities of public employees during working hours.
(4) As used in this section:
(k) "Public employee" does not include Fire Dept public employee Mark Bunster, nor his blog handle torridjoe, nor his political blog LoadedOrygun.
Link to ORS Chapter 260:
http://www.leg.state.or.us/ors/260.html
Posted by SallyHopp | October 8, 2007 1:33 PM
I believe Bunster's daytime blogging activities may be over (scroll down to comments).
Posted by Jack Bog | October 8, 2007 2:34 PM
The exception for elected officials, which indeed I had not noticed, is incredible.
Posted by Jack Bog | October 8, 2007 2:35 PM
Hey Jack - your R-G link has gone dead.
Posted by Kari Chisholm | October 8, 2007 11:35 PM
Ah, well... Governor Ted is spending afternoons raising money for Measures 49 and 50. But he's not covered by the law that forbids such things, so who cares?
Posted by Jack Bog | October 9, 2007 6:21 PM