Oregon Advisory Opinions August 30, 1962: OAG 62-115 (August 30, 1962)

Oregon Attorney General Opinions

1962.

OAG 62-115.

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You request an opinion as to "whether an employe of the legislative branch of state government, serving as an interim committee staff member or as a full-time employe of a continuously established legislative committee, may contribute money to a candidate for public office?"

ORS 260.230 provides as follows:

"No holder of a public position or office other than an office filled by the voters, shall pay or contribute to aid or promote the nomination or election of any other person to public office. No person shall invite, demand or accept payment or contribution from such holder of a public position or office for campaign purposes."

In opinion of the Attorney General No. 5162, dated February 8, 1961, and opinion of the Attorney General No. 5474, dated August 7, 1962, this office stated that ORS 260.230 prohibits contributions to candidates for public office by a faculty member at a state institution of higher learning and by a public school teacher, respectively. The opinions declared that while the position was not a public office the occupant was the holder of a public position within the meaning of ORS 260.230.

The staff member of an interim committee performs his duties for the most part between sessions of the Legislative Assembly. It is the practice in Oregon of the Legislative Assembly to carry on the business of legislation between sessions following adjournment sine die, and the most substantial expenditures for legislative purposes between sessions are met by interim committees. State ex rel. Overhulse v. Appling, (1961) 226 Or. 575, 361 P. (2d) 86.

The employe of "a continuously established legislative committee" is paid by public funds and is engaged in performing duties imposed upon the Legislative Counsel Committee and the Legislative Fiscal Committee as provided in ORS chapter 173.

The sweeping prohibition of ORS 260.230 falls upon the holder of a public position without distinction as to his status as a full or part-time employe nor as to the department of government in which he is employed. It is not restricted to persons employed in the executive branch as, for example, the Hatch Act, 5 U.S.C., § 118i.

Accordingly, it is our opinion that an employe of the legislative branch of state government serving as an interim committee staff member or as a full-time employe of a continuously established legislative committee is prohibited from contributing money to a candidate for public office.