Oregon Advisory Opinions August 20, 1946: OAG 46-150 (August 20, 1946)
Collection: Oregon Attorney General Opinions
Docket: OAG 46-150
Date: Aug. 20, 1946
Advisory Opinion Text
OAG 46-150.
A "political office" is any office in the governmental structure. The provision of the Civil Service Act, however, which forbids any state employe in the classified service to be a candidate for political office applies only to offices of the state, not municipalities, school districts or quasi-municipal corporations.
Gentlemen: In your letter of August 14, 1946, you request an opinion from this office interpreting § 29, chapter 400, Oregon Laws 1945, which provides in part:
"* * * No employe of any division or of the commission shall seek or accept nomination, election or appointment as an officer of a political party, club or organization, or serve as a member of a committee of any such club or organization, or be a candidate for a political office." (Italics ours)
You submit the following questions for answer:
"(a) Does the term 'political office' pertain only to those offices which are filled as a result of partisan elections, with candidates nominated by various accredited political parties in the State and a subsequent election from among such nominees, or does the term 'political office' include offices filled through non-partisan elections, such as school boards and certain city governments, where candidates compete without regard to party affiliation?
"(b) Specifically, would the filing for election by an employee in the classified service of the state government for membership on the City Council of the city of Salem, Oregon, where such election under the new form of city government is conducted on a non-partisan basis, be in conflict with Section 29 of the State Civil Service Act?"
The State Civil Service Act of 1945 establishing a classified service for all state employes has for its object the promotion of efficiency and honesty in public service, and to remove employes from political domination and influence.
The right of the legislature to adopt rules and regulations for the conduct of its state employes is assumed and conceded.
The term "political office" applies to any office in the governmental structure, and the office of alderman or councilman of a municipality would be a political office regardless of its party or non-partisan designation.
We have compared the Oregon act with the acts of New York and California, which we believe were largely followed in drafting the Oregon statute, as was also that of Illinois; and several other acts relating to both cities and state have been examined. Neither contains any provision restraining state employes from becoming candidates for office in municipalities not included under the classified service act.
The Federal Act, by express terms, excludes federal employes residing outside the District of Columbia from engaging in political activities and becoming candidates for local office.
Therefore, if the Oregon act is to be construed as permitting employes of the state of Oregon who are under the classified service to become candidates for office in municipalities, school districts and other quasi-municipal corporations, it must be upon the ground that such offices were not intended by the legislature to be within the scope of the language used in § 29, supra. Said section makes no declaration as to the intended scope of its application. If broadly construed it would apply to all political activities and all political offices, but, again, there is nothing in the section which specifically provides that it should apply to other than political offices affecting the state government to which the classified service system is confined.
We do not think that the legislature had other than state offices in mind, but intended to limit the scope thereof to offices of the state included within the civil service act, and not to include other entities of a non-partisan nature, so long as such candidacy or the duties
of the office do not interfere with the efficiency and duties of the civil service employes.
We are of the opinion, therefore, that the words "or be a candidate for political office" have application only to the political offices of the state and not to a non-partisan office of a city or town foreign to the classified service and not connected therewith. To hold otherwise would, in our opinion, place a very strained construction upon the act and prevent employes in such service from participating in local governmental activities of the community affecting the welfare of their homes, families, and society generally. We do not believe that the legislature so intended.