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Policy Contact: Office of the President

1. Purpose

   This policy and its procedures set forth the University protocols for employees engaging in political activity or seeking or holding elective political office while employed at the University.

2. Definitions
    
   1. Elective Political Office: a position in federal, state, county, municipal, township, school district, or any special district or other body of office exercising executive, administrative, or legislative powers of the government that is subject to popular election.
       
   2. Neglect of Duty: a conflict of interest, including a conflict of commitment, resulting in a inability to perform a duty or responsibility associated with the employee’s position description or by other proof of inability to perform essential duties or functions as set forth in the employee’s annual performance review.
       
3. Policy

   1. The University encourages its employees to be engaged participants in community and public affairs. Nothing in this policy is intended to limit the rights of employees to express their opinions as private citizens on scholarly matters or matters of public concern, or to devote their efforts to political activity in their individual capacities. State law protects University employees from being dismissed based on their political opinions.

      Nevertheless, certain political activities are incompatible with the University’s tax-exempt status, or result in the University impermissibly supporting a candidate for public office or a political group. Political activities undertaken by a University employee in their individual capacities may become a conflict of commitment or a conflict of financial interest with their University employment. To avoid these concerns, employees must comply with SDBOR Policy 4.1.7, this policy, and the laws and policies regarding conflicts of interest and commitment, including SDBOR Policy 4.9.3 and University Policy 4:9.
       

   2. Employees may not engage in political activity during work hours or use information and communication technology systems, services, or property of the SDBOR or University in any manner that is not available to the public and paid at a rate offered to the public.
      1. Employees must use annual leave or, if exempt, make arrangements with their supervisor when seeking to participate in political activity during their established work hours.
          
   3. Candidacy for Elective Political Office
      1. University employees may become a candidate for Elective Political Office and cannot lose their job or job status for campaigning for such Office, except where campaigning for the Office results in the employee’s Neglect of Duty to the University.
      2. All University employees who are candidates for Elective Political Office, including full-time and part-time Offices, must make arrangements with their supervisor to assure that the employee’s regular duties are performed.
          
   4. Obtaining Elective Political Office
      1. University employees elected to part-time Elective Political Office are required to make arrangements with their supervisor to ensure no Neglect of Duty to the University occurs while the employee serves in Office.
      2. University employees who obtain full-time Elective Public Office are presumed to have a Neglect of Duty to their University employment. Such employees may obtain leave without pay as provided in SDBOR Policy 4.5.3.
          
   5. University employees campaigning for full- and part-time Elective Political Office, or serving in part-time Elective Political Office, are required to provide an Elective Political Office Report to the University President at the beginning of their campaign. This Report must include information regarding the Elective Political Office, the duration of the campaign, the estimated time commitments for both, and the extent to which the Office officially engages or has formal connections with the University or the SDBOR.
       
   6. The University President, or designee, in consultation with the employee’s supervisor, may require the submission of other reasonable information concerning the employee’s campaign for Elective Political Office, or holding of part-time Elective Political Office. The business needs of the University may require adjustments in the employee’s work assignments.
      1. When an employee’s political activity results in or will cause the employee’s Neglect of Duty, the University President may offer an employment adjustment that results in a loss of the employee’s job status provided it serves the business needs of the University and complies with state law, SDBOR policy, and University policy.
      2. Where Neglect of Duty is not found, employment adjustments may be permitted so long as the adjustments do not result in a materially adverse change to the terms and conditions of the campaigning or Office-holding University employee’s employment, and are agreed to by the employee in writing.
          
   7. Unless a University employee has been authorized to make an official statement on behalf of the University or the SDBOR, employees must indicate that they are not speaking or writing as University or SDBOR representatives, and their opinions are given in their individual capacities.
       
4. Procedures
    
   1. Prior to the University employee starting a campaign for Elective Political Office, the employee must provide a completed copy of the Elective Political Office Report to the Office of the University President and the employee’s supervisor.
      1. The University President, or designee, or supervisor may request additional information. The employee must provide requested information within five (5) business days of receiving the request.
          
   2. Within ten (10) business days of receiving the report or additional information, the University President, or designee, will issue a determination as to whether the campaigning for, or holding of, the Elective Political Office amounts to a Neglect of Duty.
       
   3. If the University President, or designee, determines there is or will be Neglect of Duty, the employee may choose to:
      1. Submit a revised Elective Political Office Report;
      2. Work with the Office of Human Resources on an employment adjustment; or
      3. Resign from their employment with the University.
          
   4. If the University President, or designee, determines there is no Neglect of Duty, the employee will work with their supervisor to make needed arrangements to ensure the employee’s regular duties are performed.
       
   5. The employee must submit additional Elective Political Office Reports whenever there is a change that may affect the employee’s regularly scheduled working hours or other obligations to the University (e.g., FLSA-exempt employee obligations) in relation to what was reported in the immediately preceding Report.

5. Responsible Administrator

   The University General Counsel, or designee, is responsible for biennial and ad hoc review of this policy and biennial review of procedures. The Office of Human Resources, or successor unit, is responsible for maintaining confidential personnel records and assisting in monitoring conflicts. The University President is responsible for conflicts management as specified by SDBOR policy, and approval of this policy and its procedures.

Approved by President 01/30/2019. Revised 01/29/2024 (clerical). Revised; Approved by President 09/16/2024.

Sources:; SDBOR Policies , and ; University Policy 4:9

Forms: Elective Political Office Report Form