Generally, political activity
questions involve consideration of the Election Law and the State Personnel and
Pension Article, particularly §§2-304 and 2-307(b) of the Personnel and Pension
Article. Specific guidance under the
Election Law or Personnel Law should be referred to the Office of the Attorney
General. In some instances the
provisions of the Ethics Law (State Government Article-Title 15), primarily
§15-506 (use of prestige), §15-502(b) (secondary employment), and §15-507 (use
of confidential information) may present issues. Additionally, candidates for State office
must review §§ 15-713 and 15-714 of the Ethics Law related to campaign finance
activities of individual regulated lobbyists and § 15-715 related to campaign
finance disclosure. The Federal Hatch Act, agency rules, or other statutes may
also have an impact on political activity.
For example, the Hatch Act can restrict certain political activity of
persons whose employment involves an activity financed in whole or in part by
federal funding. (This memo does not
attempt to cover the impact of the Hatch Act on political activity.)
The
State Personnel Law generally authorizes participation in political campaigns
by State employees but does not allow political activity on State time or job
location. The statute also prohibits
requiring an employee to contribute to a political campaign or render political
services. Similarly, §15-506 of the
Ethics Law prohibits employees from using their positions to benefit themselves
or others. As a practical matter this
would prohibit the use of State time, materials, equipment, or facilities for
political purposes. In regard to some of
the specific questions that have been raised, the following guidance is
provided.
1. Volunteer Campaign Involvement
State
law permits State employees to provide volunteer services for campaigns. The Ethics Commission has ruled consistently
that the Ethics Law does not limit this activity as long as there is no use of
State time, materials, facilities, etc. and if the person's State position is
not improperly used for political purposes.
State employees may not use their State position, State time, State
materials, or State equipment in any way to involve people or other employees
in political campaigns. For example,
supervisors should not take any action that would suggest that they are urging
or requiring subordinates to engage in campaign activity. Law enforcement and
other uniformed personnel may not use State uniforms or equipment in political
advertising. Confidential information
may not be used for political activity purposes.
2. Activity as a Paid Campaign Worker
This
type of activity involves the same issues and limitations as volunteer activity
(such as no use of State time, facilities or materials and no misuse of
position). Additionally, because paid
campaign work is employment, you must also consider and evaluate the employment
restriction provisions in §15-502(b) of the Ethics Law. For example, an employee may not have
campaign employment with an entity that does business with his or her agency or
that would impair his or her ability to do the State job. It is possible that campaign employment, such
as working for a campaign staff while continuing in a State position could
raise questions about the ability of an employee to be objective in his or her
State job. Both paid workers and
volunteers must maintain a clear separation between working at a State job and
handling matters for a campaign or campaigns.
Obviously, one way to reduce the potential for problems is to utilize
(with the employing State agency approval) a formal extended leave of absence
for paid campaign activities.
3. Running for Office or Holding Office While
Remaining a State Employee or State Board Member
Generally,
the State Ethics Law and other State laws have been interpreted to allow State
employees and board members to run for public office provided they do not use
State time, facilities, equipment, or otherwise misuse their State position or
confidential information. The State has
chosen to treat ethics and campaign finance regulations as separate
activities. The State Ethics Commission
has advised candidates who have State employment or board memberships that they
should avoid interaction between their State duties and campaign contributions. Because of the potential application of the
prestige provisions of the Ethics Law to non-elected officials and employees,
candidates have also been advised not to solicit contributions from people whom
they might contact in their official capacities or to participate in matters
involving donors or those refusing to make contributions.
Whether a successful candidate may
serve and remain in their State position requires case‑by‑case
analysis. For example, the State Ethics
Commission has ruled that a Public Service Commission Hearing Examiner could
not remain in his State position and serve as a
Summary
In
summary, Election Law, Personnel Law, the Ethics Law, the Federal Hatch Act,
the Maryland Constitution, agency rules, and other laws may have an impact on
political activity. Questions about the
impact of the State Ethics Law should be referred to the State Ethics
Commission. Questions about other State
laws, or other requirements should be referred to the Attorney General or other
appropriate agencies. Questions about
the Hatch Act may be referred to the U.S. Office of Special Counsel, 1730 M
Street, NW,
(1/4/12)