Oregon Advisory Opinions September 29, 1949: OAG 49-133 (September 29, 1949)
Collection: Oregon Attorney General Opinions
Docket: OAG 49-133
Date: Sept. 29, 1949
Advisory Opinion Text
OAG 49-133.
Gentlemen: You have questioned us as to "what limitations are placed upon employes of the Oregon Liquor Control Commission relative to" their signing recall, initiative and referendum petitions, in view of civil service regulations and the following provision of § 24-104. O. C. L. A., as amended by § 1, chapter 17, Oregon Laws 1943:
"* * * Any employe of the commission who shall engage in promoting or opposing the candidacy of any person for a public office, or in promoting or opposing any measure to be voted on by the people, shall immediately be dismissed."
Neither chapter 400, Oregon Laws 1945, as amended, nor rules in conformance therewith promulgated by the civil service commission of this state, may be regarded as curtailing a state employe's constitutional rights as an elector. Accordingly, a state employe in the classified civil service is entitled to sign an initiative or referendum petition in the exercise of a fundamental right as an elector of this state. See § 1, Article IV, constitution of Oregon. Likewise, he may, without thereby jeopardizing his employment, sign a recall petition, for the reason that in so doing he is merely exercising his constitutional right of suffrage in the special procedure prescribed by § 18, Article II of the Oregon constitution, and chapter 22, title 81, O. C. L. A.
To promote or oppose "the candidacy of any person for a public office" or "a measure to be voted on by the people", by influencing or attempting to influence the action of electors thereon, would be to engage in political activity beyond mere exercise of the right of franchise. In other words, although employes of the Oregon liquor control commission may exercise their ordinary rights as registered voters, they are prohibited from circulating recall, initiative and referendum petitions and from promoting or opposing candidates or measures in any manner except by their individual signatures and votes.
In Opinion No. 39, Opinions of the Attorney General, 1946-1948, p. 31, it is pointed out that the restriction against a state employe's candidacy "for political office" applies only to political offices of the state. However, § 24-104, supra, specifically requires the immediate dismissal of employes of the Oregon liquor control commission "who shall engage in" certain designated political activities. The reason for the special restriction as to such employes is obvious, in view of the relations of that commission with counties and cities. As a public employer engaged not only in the administration of law but in a large business enterprise as well, the Oregon liquor control commission is entitled to the protection of maintaining a check on the conduct of its employes in all fields of political action, whether state or local.
This restriction does not curtail the employes' constitutional right of suffrage. It merely requires them to choose between certain described political activities and employment by the Oregon liquor control commission.