§ ORS § 260.432Prohibition on certain requirements of public employees; activities of public employees during working hours; exceptions

(1) A person may not attempt to, or actually, coerce,
command or require a public employee to:

(a) Influence or
give money, service or other thing of value to promote or oppose any political
committee;

(b) Promote or
oppose the appointment, nomination or election of a person to a public office;

(c) Promote or
oppose the filing of an initiative, referendum or recall petition;

(d) Promote or
oppose the gathering of signatures on an initiative, referendum or recall
petition; or

(e) Promote or
oppose the adoption of a measure or the recall of a public office holder.

(2) A public
employee may not engage in any of the following activities while on the job
during working hours or while otherwise acting in the public employee’s
official capacity:

(a) Solicit any
money, influence, service or other thing of value or otherwise promote or
oppose any political committee;

(b) Promote or
oppose the appointment, nomination or election of a person to a public office;

(c) Promote or
oppose the filing of an initiative, referendum or recall petition;

(d) Promote or
oppose the gathering of signatures on an initiative, referendum or recall
petition; or

(e) Promote or
oppose the adoption of a measure or the recall of a public office holder.

(3) This section
does not restrict:

(a) The right of
a public employee to express personal political views, provided that a
reasonable person would not infer that the personal political views of the
public employee represent the views of the public employer of the public
employee; or

(b) A public
employee from communicating with a separate public employee or elected official
about the appointment of a person to a public office, provided that the
communication is made in furtherance of the recipient’s official duties relating
to an appointment required by the Oregon Constitution or a state statute.

(4) 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; promote or
oppose the appointment, nomination or election of a person to a public office;
or promote or oppose the filing of or gathering of signatures on an initiative,
referendum or recall petition or the adoption of a measure or the recall of a
public office holder while on the job during working hours or while otherwise
acting in the public employee’s official capacity as a public employee.
However, this section does not restrict the right of a public employee to
express personal political views, provided that a reasonable person would not
infer that the views represent those of the public employer of the public
employee.”

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 or while otherwise working in your official capacity as a
public employee.

______________________________________________________________________________

(5)(a)
Notwithstanding subsections (1) and (2) of this section:

(A) The
recognized student government of a community college or public university
listed in ORS 352.002, or a member of the recognized student government while
acting as a member, may make a statement or issue a resolution to promote or
oppose:

(i) The gathering
of signatures on an initiative or referendum petition; or

(ii) The adoption
of a measure.

(B) A member of
the board of education of a community college district, a member of the
governing board, as defined in ORS 352.029, of a public university or an
employee of a community college or public university may take any action as a
public employee that is necessary to allow the recognized student government,
or member of the recognized student government, to engage in activities
described in subparagraph (A) of this paragraph.

(b) Except for
facilitating the actions described in paragraph (a) of this subsection, the
recognized student government of a community college or public university, or a
member of the recognized student government while acting as a member, may not
use mandatory student-initiated fees, mandatory enrollment fees, mandatory
incidental fees or any public moneys to promote or oppose any political
committee or promote or oppose the appointment, nomination or election of a
person to a public office, the filing of or the gathering of signatures on an
initiative, referendum or recall petition, the adoption of a measure or the
recall of a public office holder.

(6) Nothing in
this section prohibits an employee of the legislative branch from explaining
the vote of a member of the Legislative Assembly on:

(a) An Act that
has been referred to the people by law or petition under Article IV, section 1
(3), of the Oregon Constitution;

(b) An Act for
which a prospective referendum petition has been filed under ORS 250.045; or

(c) A
constitutional amendment or revision proposed under Article XVII, section 1 or
2, of the Oregon Constitution.

(7) 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 ORS 334.108.

(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.

(c) “While on the
job during working hours” does not include periods of time during which a
public employee is taking time off for a meal break or rest break or periods of
time during which a public employee is utilizing otherwise allowable time off
in accordance with the labor laws of this state. [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 §§7,8;
2010 c.9 §§15,16; 2013 c.13 §2; 2019 c.377 §1; 2023 c.268 §1]



260.440 [Amended by 1971 c.644 §8;
repealed by 1971 c.749 §82]



260.442 [Formerly 260.250; 1973 c.744 §28;
1979 c.190 §383; renumbered 260.625]



260.450 [Repealed by 1957 c.644 §28]



260.452 [Formerly 260.420; 1973 c.744 §29;
repealed by 1979 c.190 §431]



260.460 [Repealed by 1957 c.644 §28]



260.462 [Formerly 260.270; 1973 c.744 §30;
1979 c.190 §386; renumbered 260.655]



260.470 [Amended by 1957 c.644 §9; 1971
c.749 §34; renumbered 260.365]



260.472 [Formerly 260.280; 1973 c.744 §31;
1979 c.190 §370; renumbered 260.415]



260.480 [Amended by 1957 c.644 §11;
repealed by 1971 c.749 §82]



260.482 [Formerly 260.310; 1973 c.744 §32;
1977 c.678 §3; 1979 c.190 §384; renumbered 260.635]



260.490 [Amended by 1959 c.644 §12;
repealed by 1971 c.749 §82]



260.492 [Formerly 260.320; 1973 c.744 §33;
repealed by 1979 c.190 §431]



260.500 [Amended by 1957 c.644 §13; 1971
c.749 §56; renumbered 260.552]



260.502 [Formerly 260.335; repealed by
1973 c.744 §48]



260.510 [Amended by 1957 c.644 §14;
repealed by 1971 c.749 §82]



260.512 [Formerly 260.340; 1973 c.744 §34;
1979 c.190 §380; renumbered 260.605]



260.520 [Amended by 1957 c.644 §15; 1971
c.749 §35; renumbered 260.375]



260.522 [Formerly 260.360; 1973 c.483 §1;
1973 c.744 §35; 1975 c.683 §13; 1979 c.190 §373; 1981 c.234 §17; 1983 c.71 §11;
1985 c.808 §63; 1989 c.503 §28; 1989 c.1054 §13; 1993 c.359 §1; 1993 c.618 §2;
repealed by 2001 c.965 §66]



260.530 [Repealed by 1957 c.644 §28]