GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

S                                                                                                                                                     1

SENATE BILL 480

 

 

Short Title:        Uniform Political Activity/Employees.

(Public)

Sponsors:

Senators Wells, Brock, Wade (Primary Sponsors); and Soucek.

Referred to:

Rules and Operations of the Senate.

March 26, 2015

A BILL TO BE ENTITLED

AN ACT to establish A uniform standard for employee POLITICAL activity.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 22 of Chapter 115C of the General Statutes is amended by adding a new section to read:

"§ 115C‑335.15.  Appropriate political activity of school employees; disciplinary action.

(a)        As an individual, each employee of a local board of education retains all the rights and obligations of citizenship provided in the Constitution and laws of the State of North Carolina and the Constitution and laws of the United States of America; however, no employee of a local board of education shall:

(1)        Actively participate in managing a political campaign, campaign for political office, or otherwise engage in political activity while on duty or within any period of time during which he or she is expected to perform services for which the employee receives compensation from a local board of education.

(2)        Use the authority of his or her position, or utilize public funds, supplies, equipment, or vehicles to secure support for or oppose any candidate, party, or issue in an election involving candidates for office or party nominations, or affect the results thereof.

(3)        Utilize public funds, supplies, equipment, or vehicles for partisan purposes, political purposes, or to engage in advocating for or against issues of local, State, or federal policy.

(b)        No member of a local board of education or employee of the local board of education exercising supervisory authority shall make, issue, or enforce any rule or policy the effect of which is to interfere with the right of any employee of the local board of education as an individual to engage in political activity while not on duty or at times during which he or she is not performing services for which the employee receives compensation from the local board. An employee who is or may be expected to perform his or her duties on a 24 hours per day basis shall not be prevented from engaging in political activity except during regularly scheduled working hours or at other times when the employee is actually performing the duties of his or her position. The willful violation of this subsection shall be a Class 1 misdemeanor.

(c)        The failure of an employee of a local board of education to comply with this section is grounds for disciplinary action which, in a case of deliberate or repeated violation, may include dismissal.

(d)        For the purposes of this section, the term "equipment" includes digital and electronic resources controlled and maintained by a local school administrative unit, including, but not limited to, the use of school issued electronic mail addresses and telephone lines."

SECTION 2.  Article 14A of Chapter 115C of the General Statutes is amended by adding a new section to read:

"§ 115C‑218.91.  Appropriate political activity of charter school employees; disciplinary action.

(a)        As an individual, each employee of a charter school retains all the rights and obligations of citizenship provided in the Constitution and laws of the State of North Carolina and the Constitution and laws of the United States of America; however, no employee of a charter school shall:

(1)        Actively participate in managing a political campaign, campaign for political office, or otherwise engage in political activity while on duty or within any period of time during which he or she is expected to perform services for which the employee receives compensation from a charter school.

(2)        Use the authority of his or her position, or utilize public funds, supplies, equipment, or vehicles to secure support for or oppose any candidate, party, or issue in an election involving candidates for office or party nominations, or affect the results thereof.

(3)        Utilize public funds, supplies, equipment, or vehicles for partisan purposes, political purposes, or to engage in advocating for or against issues of local, State, or federal policy.

(b)        No member of a board of directors of a charter school or employee of the charter school exercising supervisory authority shall make, issue, or enforce any rule or policy the effect of which is to interfere with the right of any employee of the charter school as an individual to engage in political activity while not on duty or at times during which he or she is not performing services for which the employee receives compensation from the charter school. An employee who is or may be expected to perform his or her duties on a 24 hours per day basis shall not be prevented from engaging in political activity except during regularly scheduled working hours or at other times when the employee is actually performing the duties of his or her position. The willful violation of this subsection shall be a Class 1 misdemeanor.

(c)        The failure of an employee of a charter school to comply with this section is grounds for disciplinary action which, in a case of deliberate or repeated violation, may include dismissal.

(d)        For the purposes of this section, the term "equipment" includes digital and electronic resources controlled and maintained by a charter school, including, but not limited to, the use of school issued electronic mail addresses and telephone lines."

SECTION 3.  Article 16 of Chapter 115C of the General Statutes is amended by adding a new section to read:

"§ 115C‑238.74.  Appropriate political activity of school employees; disciplinary action.

(a)        As an individual, each employee of a regional school retains all the rights and obligations of citizenship provided in the Constitution and laws of the State of North Carolina and the Constitution and laws of the United States of America; however, no employee of a regional school shall:

(1)        Actively participate in managing a political campaign, campaign for political office, or otherwise engage in political activity while on duty or within any period of time during which he or she is expected to perform services for which the employee receives compensation from a regional school.

(2)        Use the authority of his or her position, or utilize public funds, supplies, equipment, or vehicles to secure support for or oppose any candidate, party, or issue in an election involving candidates for office or party nominations, or affect the results thereof.

(3)        Utilize public funds, supplies, equipment, or vehicles for partisan purposes, political purposes, or to engage in advocating for or against issues of local, State, or federal policy.

(b)        No member of a board of directors of a regional school or employee of the regional school exercising supervisory authority shall make, issue, or enforce any rule or policy the effect of which is to interfere with the right of any employee of the regional school as an individual to engage in political activity while not on duty or at times during which he or she is not performing services for which the employee receives compensation from the regional school. An employee who is or may be expected to perform his or her duties on a 24 hours per day basis shall not be prevented from engaging in political activity except during regularly scheduled working hours or at other times when the employee is actually performing the duties of his or her position. The willful violation of this subsection shall be a Class 1 misdemeanor.

(c)        The failure of an employee of a regional school to comply with this section is grounds for disciplinary action which, in a case of deliberate or repeated violation, may include dismissal.

(d)        For the purposes of this section, the term "equipment" includes digital and electronic resources controlled and maintained by a regional school, including, but not limited to, the use of school issued electronic mail addresses and telephone lines."

SECTION 4.  This act is effective when it becomes law.