Oregon Advisory Opinions April 29, 1964: OAG 64-49 (April 29, 1964)
Collection: Oregon Attorney General Opinions
Docket: OAG 64-49
Date: April 29, 1964
Advisory Opinion Text
OAG 64-49.
You request an opinion upon several questions concerning the scope of political activity permitted faculty members at state institutions of higher learning.
Your first question is:
"Is a university professor employed full time by the State System of Higher Education in violation of the law if he files and runs for a state office in the State of Oregon?"
At the outset, we point out that the question, and therefore the answer, is limited to a professor's running for office and does not relate to his status if elected. While Article XV, § 8, Oregon Constitution, permits a person employed by the State Board of Higher Education to hold a seat in the Legislative
Assembly, other constitutional provisions may be applicable in the event of election to a different office.
A professor's position is designated as a position in the unclassified service of the state. ORS 240.195 to 240.205. He is not subject to ORS 240.705 which prohibits a classified employe from becoming a candidate for public office. Opinions of the Attorney General, 1946-1948, p. 31. Consequently a state employe in the unclassified service may be a candidate for public office. Opinions of the Attorney General, 1952-1954, p. 207; 1960-1962, p. 146.
It is our opinion that a professor employed full time by the State System of Higher Education is not in violation of the law if he files and runs for a state office in the State of Oregon.
The second question is:
"If a university professor employed full time by the State System of Higher Education files and runs for a state office in the State of Oregon, may he solicit campaign funds from his colleagues in his own institution without being in violation of the statutes of Oregon? May a spouse of the candidate, also employed by the System, contribute?"
ORS 260.230 provides:
"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."
This statute not only prohibits a professor from making contributions to a candidate for public office (Opinions of the Attorney General, 1960-1962, p. 146), but also prohibits the solicitation of funds from the holders of a public position. Consequently a professor cannot solicit contributions from his colleagues.
When the professor's spouse holds a public position herself she would be subject to the same statute and would likewise be prohibited from making a contribution to the professor's candidacy.
Your third question is:
"If a university professor employed full time by the State System of Higher Education files and runs for a state office in the State of Oregon, may he contribute to his own campaign fund for the purpose of advancing his candidacy without being in violation of the statutes of Oregon?"
We have already indicated that a professor may run for public office. ORS 260.230, supra, does no more than prohibit him from making contributions "to aid or promote the nomination or election of any other person to public office."
It is our opinion that a professor employed full time by the State System of Higher Education may contribute to his own campaign fund for the purpose of advancing his candidacy without being in violation of the statutes of Oregon.
Your fourth question is:
"If a university professor employed full time by the State System of Higher Education files and runs for a state office in the State of Oregon, is he in violation of the statutes of Oregon if he uses money from his salary paid by the State System of Higher Education to pay the filing fee required by state law?"
In view of the foregoing responses, this question has already been answered.
The fifth question is:
"Is a university professor employed 1/4 time by the State System of Higher Education and 3/4 time by an education foundation in violation of the statutes of Oregon if he files and runs for a state office in Oregon; and
"a. uses income presumably derived in part from the State System of Higher Education to defray the expenses of his campaign; and
"b. solicits campaign contributions from his colleagues in the institution where he is employed; and
"c. uses income presumably derived in part from the State System of Higher Education to defray the cost of his filing fee?"
These questions have already been answered in respect to a full-time professor. We have discovered no statute placing a part-time professor in a different category.
The sixth question is:
"Is a university professor employed 1/4 time by the State System of Higher Education and 3/4 time by an educational foundation in violation of the statutes of Oregon if he files and runs for a state office in Oregon and, segregating his income, spends only that derived from non-state sources for campaign purposes? Would it be legal on the basis of segregating income for such a professor to contribute to the campaign of another from non-state income? Would it be legal to solicit contributions from his non-state income?"
We have stated our opinion that there is no prohibition against a part-time professor's spending his own money in his campaign. For this reason the question of segregating his income from state and nonstate sources does not arise.
As to the prohibition against contributions of money to the campaign of another, the matter of segregating income does not arise because a professor's part-time status is immaterial. He still holds a public position and thus would be prohibited from making a contribution to the campaign of another.
Similarly in respect to the solicitation of contributions, the prohibition is directed against the solicitations of holders of a public position without distinction as to full- or part-time status so that the public or private source of the income is immaterial.
Therefore a part-time professor could not be lawfully solicited for contributions.
The seventh question is:
"May a professor employed by the State System contribute money to a state or local political party ORGAnization directly as opposed to contribution to a candidate's campaign? Is the answer any different if the professor contributes to a fund for rent and other maintenance costs of a party office which is maintained on a permanent basis, not limited to the time of election campaigns?"
In Opinions of the Attorney General, 1960-1962, p. 146, it was ruled that ORS 260.230, supra, prohibits a professor from making contributions not only to candidates but to political committees and parties. The prohibition of the statute is not limited to party purposes directly related to a party's campaign (such as the expenditures for campaign literature as opposed to the expenditures for rent), nor is the statute limited to the time period when a campaign is being conducted.
Accordingly it is our opinion that a professor employed by the state system may not contribute money to a state or local party ORGAnization directly or indirectly.