ORS 260.432¹
Solicitation of public employees
  • activities of public employees during working hours

(1) No person shall attempt to, or actually, coerce, command or require a public employee to influence or give money, service or other thing of value to promote or oppose any political committee or to 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.

(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.

(3) Each public employer shall have posted in a conspicuous place likely to be seen by its employees the following notice in printed or typewritten form:

______________________________________________________________________________

ATTENTION ALL PUBLIC EMPLOYEES:

The restrictions imposed by the law of the State of Oregon on your political activities are that "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."

It is therefore the policy of the state and of your public employer that you may engage in political activity except to the extent prohibited by state law when on the job during working hours.

______________________________________________________________________________

(4) As used in this section:

(a) "Public employee" does not include an elected official or a person appointed as a director to the board of a pilot education service district under section 11, chapter 828, Oregon Laws 2005.

(b) "Public employer" includes any board, commission, committee, department, division or institution in the executive, administrative, legislative or judicial branch of state government, and any county, city, district or other municipal corporation or public corporation organized for a public purpose, including a cooperative body formed between municipal or public corporations. [Formerly 260.231; 1973 c.53 §1; 1973 c.744 §27a; 1979 c.190 §372; 1979 c.519 §35a; 1983 c.71 §9; 1983 c.392 §1; 1985 c.565 §39; 1985 c.808 §62; 1987 c.718 §3; 1993 c.493 §106; 2007 c.589 §7]

Note: The amendments to 260.432 (Solicitation of public employees) by section 8, chapter 589, Oregon Laws 2007, become operative June 30, 2012. See section 6, chapter 589, Oregon Laws 2007. The text that is operative on and after June 30, 2012, is set forth for the user’s convenience.

260.432 (Solicitation of public employees). (1) No person shall attempt to, or actually, coerce, command or require a public employee to influence or give money, service or other thing of value to promote or oppose any political committee or to 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.

(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.

(3) Each public employer shall have posted in a conspicuous place likely to be seen by its employees the following notice in printed or typewritten form:

______________________________________________________________________________

ATTENTION ALL PUBLIC EMPLOYEES:

The restrictions imposed by the law of the State of Oregon on your political activities are that "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."

It is therefore the policy of the state and of your public employer that you may engage in political activity except to the extent prohibited by state law when on the job during working hours.

______________________________________________________________________________

(4) As used in this section:

(a) "Public employee" does not include an elected official.

(b) "Public employer" includes any board, commission, committee, department, division or institution in the executive, administrative, legislative or judicial branch of state government, and any county, city, district or other municipal corporation or public corporation organized for a public purpose, including a cooperative body formed between municipal or public corporations.

Notes of Decisions

City charter and ordinance pro­vi­sions which subjected municipal po­lit­i­cal activities of city employes during nonworking hours to virtually complete restric­tions were preempted by this sec­tion, which is general law es­tab­lishing permissible de­gree of regula­tion of public employe's po­lit­i­cal freedom. Williams v. City of Astoria, 43 Or App 745, 604 P2d 411 (1979), Sup Ct review denied

Prohibi­tion against requiring public employee to support po­lit­i­cal cause does not supersede right of exclusive representative of employees to collect pay­ment-in-lieu-of-dues to support po­lit­i­cal posi­tion affecting rights of represented employees. Carlson v. AFSCME, 73 Or App 755, 700 P2d 260 (1985), Sup Ct review denied

Atty. Gen. Opinions

Applica­tion of federal Hatch Political Activities Act to employes who run for partisan elective office, (1978) Vol 38, p 1826

Chapter 260

Notes of Decisions

Challenge to ballot title on basis it did not conform to ORS 310.315 is within jurisdic­tion of Tax Court. Gugler v. Baker School Dist. 5-J, 12 OTR 162 (1992)

Atty. Gen. Opinions

Applica­tion to committee collecting contribu­tions to es­tab­lish fund to defray elected official's expenses incurred in performing po­lit­i­cal func­tions of office, (1980) Vol 40, p 11; preemp­tion by federal law of campaign financing with respect to federal candidates, (1981) Vol 41, p 420

Law Review Cita­tions

50 OLR 299-321 (1971); 55 OLR 253-266 (1976)

1 Legislative Counsel Committee, CHAPTER 260—Campaign Finance Regulation; Election Offenses, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors260.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 260, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­260ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information