M E M O R A N D U M



for information only

PRINCIPALS, WORK LOCATION SUPERVISORS, AND DEPARTMENT HEADS

PLEASE SHARE THIS INFORMATION AND THE

ATTACHMENT WITH ALL employees

Memorandum October 1, 2013

TO: All Employees

FROM: Dr. Michele Pola, Chief Business/Community Relations Officer

SUBJECT: ELECTION ACTIVITIES GUIDELINES

CONTACT: Elneita Hutchins-Taylor, General Counsel, ehutchi1@

Miles LeBlanc, Assistant General Counsel, mleblan3@

Local and state elections are scheduled for Tuesday, November 5, 2013. While this may be an exciting time for everyone involved, it is important that HISD employees understand permissible and impermissible political activities.

District employees have a constitutional right to engage in political activities on their own time. Moreover, there is no state law, nor HISD board policy or administrative regulation, that prohibits employee political involvement; nor is there any intent by HISD administration to limit any employee from participating in political activities. However, during each election cycle, questions often arise regarding the necessity of HISD employees properly documenting leave to engage in political activities during the work day. This memo is intended to answer that question as well as other questions related to district employee participation in election activities.

The Texas Constitution and Election Code prohibit any and all uses of school funds, facilities, equipment, and time to advocate political positions, including advocacy for or against a candidate. Employees cannot take part in political advertising or campaigning on work time or coerce others to do so. The prohibition on using school equipment and property to advocate for or against an issue or a candidate includes computers (especially receiving and sending emails), telephones, fax machines, paper, etc.

In order to protect both the employee and HISD from allegations of personnel engaged in political activities during times when they are otherwise on duty, the district requires advance documented leave. This requirement to obtain approved leave before engaging in political activity during work hours is intended to protect employees from allegations of inadvertent but potentially unlawful campaign activities. However, campus-based personnel, with duty-free lunches, are not required to obtain approval to take lunch off campus. Rather, they are required to document, by signing out with the front office, that any lunch breaks used for electioneering purposes occurred while the employees were off-campus, during the employees’ duty-free lunch time.

In an effort to clarify permissible and impermissible activities, the attached guidelines prepared by the Legal Services Department are provided. The guidelines provide a sample of permissible and impermissible activities. For example, as a district employee, it is permissible to convey factual information concerning an election, if appropriate and authorized.

Inform your supervisor if you receive a communication that you believe may be impermissible under this guidance. Most important, do not print, forward or otherwise distribute the communication on district time.

Please contact your work location supervisor if you have any questions regarding laws or HISD board policy concerning political activities. Thank you for your attention to this matter.

EHT\ML\AH:kg

Attachment

c: HISD Trustees

permissible and impermissible activities

|Permissible | |Impermissible |

| | | |

|HISD publication of brochures, flyers, T.V./ radio/ newspaper ads | |Any involvement by HISD employees in communications or the |

|that provide factual information about election, e.g.: | |preparation of material during work hours or using HISD |

| | |equipment or facilities whereby the employee advocates for or|

|date/time of election | |against a candidate or measure |

|proposition or measures on ballot | | |

|candidates for election | |Campaigning or distributing campaign literature while on duty|

|early voting information | | |

|voter registration information | |Employees, whether on duty or off duty, should not engage in |

|polling places | |communications advocating for or against a candidate or |

|changes to election procedures | |measure with HISD employees who are on duty or on facilities |

|trustee term information | |used by HISD because it may interrupt the HISD employees from|

| | |attending to their work duties |

|Communications by HISD employees, at any time, providing factual | | |

|information about the election (see above) | |Use of district equipment for advocacy material, even during |

| | |non-work hours is prohibited, e.g., evening use of copiers, |

|Written communications/statements by HISD employees encouraging | |computers, especially for word processing and accessing the |

|people to vote in election | |internet (including receiving and sending emails), fax |

| | |machines, etc. |

|Communications by employees, in their individual capacities | | |

|(meaning employees who do not represent the district and who are | |Permissible activities relating to factual information should|

|speaking on their own behalf), during non-work time advocating for | |be done only when required or permitted by an employee's |

|or against a particular candidate or measure with no use of | |duties as assigned by the appropriate supervisor |

|district resources. Campaigning during a lunch or coffee break or | | |

|during vacation or other leave requires documentation that the | | |

|employee is not on duty. For campus based employees, signing in | | |

|and out with the front office constitutes adequate documentation. | | |

| | | |

|Board Policy GKDA (LOCAL) and state law permit off duty HISD | | |

|employees to distribute materials for electioneering purposes | | |

|during the time a school facility is being used as a polling place.| | |

|Such distribution shall not be within 100 feet of a polling place. | | |

|Any electioneering materials remaining at the polling place after | | |

|the polls close shall be removed from district property. | | |

|Communication means any form by which information is transmitted or displayed such as oral statements, |

|written statements (pamphlets, ads, posters, flyers, leaflets, bumper stickers, buttons, etc.), electronic|

|statements (e-mail), or an Internet site |

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