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You are here:Home / Academic Personnel Data / General Topics / Political Activities of EPA Employees: Candidacy and Officeholding Full-time Political Offices, General Assembly Memberships, and (for Senior Administrators) full and Part-time Political Offices - Attachments

Posted to Website:01/12/2007

Political Activities of EPA Employees: Candidacy and Officeholding Full-time Political Offices, General Assembly Memberships, and (for Senior Administrators) full and Part-time Political Offices - Attachments

CONTENTS

Attachment 1

Sample Summary of Policy Provisions, for Inclusion in Documents that Prescribe Terms and Conditions of University Employment

University Policies Governing Employee Involvement in Political Candidacy and Officeholding

Policies adopted by the Board of Governors in 1976 establish processes for resolving, in advance, questions about possible conflicts between a University employee's satisfactory performance of employment responsibilities and his involvement in political candidacy and officeholding. All University employees except those subject to the State Personnel Act are covered by the policies. An employee who intends to become a candidate for election or appointment to or to hold any public office is responsible for knowing the terms of and complying with the requirements of the Board policies. A copy of the full text of the Board policies may be obtained from (official and location). Failure to comply with the policies is a violation of the terms and conditions of University employment and may result in disciplinary action. The following is a summary of the basic provisions of the Board policies. The full text of the policies should be consulted by an affected employee. Advice concerning the interpretation and application of the policies may be obtained from (official).

1. Candidacy for Election to Public Office

Becoming a candidate for election to a full-time or major part-time office is presumed to create a conflict of time that interferes with the employee's satisfactory performance of University employment obligations. The conflict may be avoided by (1) resigning from University employment, (2) seeking an appropriate unpaid leave of absence from University employment, or (3) rebutting the presumption of conflict by demonstrating that there in fact will be no conflict between campaign activity and University employment. An employee who intends to become a candidate must follow prescribed procedures for resolving questions about conflicts in advance of becoming a candidate.

2. Holding Public Office

Upon assuming an elective or appointive full-time office, a University employee will be deemed to have resigned his University employment, unless prior to assuming office he requests and is granted a full leave of absence, without pay. Such a leave of absence may not exceed two years.

Upon assuming an elective or appointive major part-time office, a University employee will be presumed to have a conflict of time that necessitates his resignation from University employment; the resignation requirement may be avoided if (1) he requests and is granted an appropriate leave of absence or (2) he rebuts the presumption of conflict by demonstrating that there in fact will be no conflict between officeholding and University employment.

An employee who intends to occupy such an office must follow prescribed procedures for resolving questions about conflicts in advance of assuming the office.

 


Attachment 2

Instructions Regarding Procedures To Be Followed by University Employees Who Intend To Become Candidates for or Holders of Political Offices

These instructions pertain to University employees exempt from the State Personnel Act who intend to be candidates for election or appointment to or to hold (a) full-time public offices, (b) membership in the General Assembly or (c) major part-time offices for which compensation is more than nominal (if the employee is a senior academic or administrative officer of the University). Questions concerning candidacy for or holding of all other public offices are to be addressed through procedures established by the boards of trustees of the constituent institutions, consistent with policies of the Board of Governors. Attached is a copy of the policies of the Board of Governors to which these instructions pertain.

1. An affected employee must use the forms/format prescribed herein.

2. Contact the office of the Chancellor for advice and assistance. All questions regarding a petition required by these instructions should be addressed to the chancellor. Questions to be considered by the President or the Board of Governors are to be transmitted through the chancellor.

3. Any petitions required by these instructions should be submitted as early as possible, but no later than the following:

For affected academic
periods beginning:
Completed petition to be
received by Chancellor:
Completed petition to be
received by Board:
January (e.g., for a
May primary contest)
October 15 of preceding yearNovember 1 of preceding year
May/June (e.g., for fall elections affecting summer employment)March 15April 1
August/September (e.g., for fall general election)June 15July 1
Other periods90 days prior to
beginning of period
60 days prior to beginning of period


4. An employee submitting a petition must present it and all accompanying information to supervisors designated by the Chancellor and to the Chancellor, in a timely manner, as the basic information upon which they may rely in reaching conclusions required of them as part of the petition process. Any such official may require additional information or explanation from the petitioner, to aid their evaluation of the petition.

5. A separate petition is required for action by the governing board with respect to each stage of involvement in political candidacy and officeholding. For example, an employee who proposes to become a candidate for election to the General Assembly must: (1) present an initial petition to the Board of Governors by no later than November 1 if he intends to be a candidate in the forthcoming May primary; (2) if successful in the primary, present a petition by no later than July 1 if he intends to be a candidate in the November general election; (3) in anticipation of success in the general election, present a petition by no later than November 1 of the election year, with respect to service in the General Assembly during the following year, and thereafter for each succeeding year of service. With respect to a member of the faculty who is elected to the General Assembly, it would be necessary to submit a timely petition for each semester of University employment during which he held such office.

6. Whether the petition relates to candidacy or officeholding, the petition form accords the employee more than one option that could be used to resolve the presumed conflict with university employment, e.g., (a) to rebut the presumption, (b) to seek a partial leave of absence, or (c) to seek a full leave of absence. Typically, an employee may prefer to avoid a leave of absence by seeking to demonstrate that his candidacy or officeholding, contrary to the presumption, in fact will not conflict with university employment. If his petition as initially submitted is limited to that choice, and it is not successful, there may not be sufficient time within the schedule established by the Board of Governors to file a followup petition seeking a leave of absence. Thus, every petitioner is advised to submit a petition that anticipates all contingencies by requesting all of the relevant outcomes alternatively, viz., first choice, a demonstration of grounds for rebutting the presumption that there is a conflict; but failing that, a request for a partial leave of absence and corresponding reduction in pay; and, failing that, a request for a full leave of absence without pay.

Petition Regarding Political Activity

FROM: Name:
Institution:
Position held:

TO: Committee on University Governance
UNC Board of Governors
c/o Office of the President
The University of North Carolina
Post Office Box 2688
Chapel Hill, North Carolina 27515-2688

SUBJECT: Request for review of proposed political candidacy or officeholding

A. In accordance with the University of North Carolina policy regarding political activities of its employees, this petition concerns:

( ) My intention to campaign for election to a full-time or major part-time political office

Title of office:

Primary or general election date:

Period of proposed campaign activity:

( ) My intention to occupy a full-time or major part-time political office, either elective or appointive

Title of office:

Term of office:

Period of employment affected:

B. With respect to my candidacy for election to political office, I request permission:

( ) To maintain my full-time University employment while campaigning; in support of my request I have provided/attached:

1. A detailed account of my anticipated normal employment responsibilities during the affected period of employment (Attachment A)

2. An explanation of proposed campaign activity, demonstrating how such activity will be limited to available personal time, so as not to interfere with the satisfactory performance of full-time employment responsibilities (Attachment B)

3. The written concurrence of my supervisors and the Chancellor in the conclusion that engagement in campaign activities will not interfere with the satisfactory performance of my full-time employment responsibilities

( ) If my request to maintain full-time employment is denied, to take a partial leave of absence, with corresponding reduction in pay, for the period ______________ (dates of leave); in support of my request I have provided/attached:

1. A detailed account of my anticipated normal employment responsibilities during the affected period of employment (Attachment A)

2. An explanation of proposed campaign activity (Attached B)

3. Identification of those employment responsibilities that I propose not to meet, consistent with such a partial leave of absence, and calculation of percentage reduction in employment time (Attachment C)

4. Assurances by my supervisors and the Chancellor that granting such a leave is practicable and that alternative arrangements can be made to insure performance by others of the employment responsibilities for which I otherwise would be responsible.

( ) If my request to maintain full-time employment or to be granted a partial leave is denied, to take a full leave of absence, without pay, for the period _____________ (dates of leave); in support of my request I have provided/attached:

1. A detailed account of my anticipated normal employment responsibilities during the affected period of employment (Attachment A)

2. Assurances by my supervisors and the Chancellor that granting such a leave is practicable and that alternative arrangements can be made to insure performance by others of the employment responsibilities for which I otherwise would be responsible.

C. With respect to my occupancy of a full-time public office:

( ) I request permission to be granted a full leave of absence, without pay, as distinguished from resigning my University employment; I understand that the maximum period of such leave allowed by University policy is two years; in support of my request, I have provided/attached:

1. A detailed account of my anticipated normal employment responsibilities during the affected period of employment (Attachment A)

2. Assurances by my supervisors and the Chancellor that granting such a leave is practicable and that alternative arrangements can be made to assure performance by others of the employment responsibilities for which I otherwise would be responsible.

D. With respect to my occupancy of a major part-time office, I request permission:

( ) To maintain my full-time University employment while holding office; in support of my request I have provided/attached:

1. A detailed account of my anticipated normal employment responsibilities during the affected period of employment (Attachment A)

2. An explanation of the time requirements associated with holding the public office, demonstrating how such activity will be limited to available personal time, so as not to interfere with the satisfactory performance of my full-time employment responsibilities (Attachment D)

3. The written concurrence of my supervisors and the Chancellor in the conclusion that the time requirements associated with holding the public office will not interfere with the satisfactory performance of my full-time employment responsibilities.

( ) If my request to maintain full-time employment is denied, to take a partial leave of absence, with corresponding reduction in pay, for the period of officeholding; in support of my request I have provided/attached:

1. A detailed account of my anticipated normal employment responsibilities during the affected period of employment (Attachment A)

2. An explanation of the time requirements associated with holding the public office (Attachment D)

3. Identification of those employment responsibilities that I propose not to meet, consistent with such a partial leave of absence, and calculation of percentage reduction in employment time (Attachment C)

4. Assurances by my supervisors and the Chancellor that granting such a leave is practicable and that alternative arrangements can be made to insure performance by others of the employment responsibilities for which I otherwise would be responsible.

( ) If my request to maintain full-time employment or to be granted a partial leave is denied, to take a full leave of absence, without pay, for the period _____________ (dates of leave); in support of my request I have provided/attached:

1. A detailed account of my anticipated normal employment responsibilities during the affected period of employment (Attachment A).

2. Assurances by my supervisors and the Chancellor that granting such a leave is practicable and that alternative arrangements can be made to insure performance by others of the employment responsibilities for which I otherwise would be responsible.

E. With respect to any request embodied in this petition, the petitioner should offer any additional written explanation or information that in his or her judgment would assist supervisors, the Chancellor or the Board of Governors in making a decision whether to grant the request.

Signature of Petitioner

Date Submitted

Signature of Chancellor

Date received by Chancellor

Date submitted to Office of the President

Signature of Secretary of the University

Date received by Secretary


Petition Attachment A

Detailed account of anticipated normal employment responsibilities during the affected period of employment; the information to be provided presupposes a standard eight-hour work day and a forty-hour work week and requires a demonstration of how that amount of employment time is accounted for and scheduled; the petitioner may supplement this form with a narrative account that further explains employment obligations and time commitments.

Name of Petitioner Employment period affected

1. Non-faculty employees (for those employees who regularly follow a standard eight-hour day and forty-hour week).

Length of required work day:________________(number of hours)

Hours of work, from _______ (a.m.) to ______ (p.m.)

Days of week to which scheduled work applies:_______________________

2. Faculty employees (and other employees who do not necessarily follow standard schedule of eight-hour days and forty-hour weeks)

Duties Hours per week % of total

(average)

Teaching (classroom, laboratory, etc.) ______________ ________

Instructional preparation ______________ ________

Counseling students ______________ ________

Other instructional responsibilities ______________ ________

Evaluating student performance ______________ ________

Research and writing ______________ ________

Institutional Committee service ______________ ________

Administrative service ______________ ________

Current professional development ______________ ________

Other (specify)

_____________________ ______________ ________

Totals: ______________ ________Hours/week


Petition Attachment B
Explanation of nature, extent and schedule of proposed campaign activity

Petition Attachment C

Identification of employment responsibilities not to be performed pursuant to partial leave of absence

Duties to be eliminated or reduced Hours per week

(average)

____________________________________ __________________

____________________________________ __________________

____________________________________ __________________

____________________________________ __________________

Totals __________________

hours/week

Percentage reduction in weekly employment time: ____________

Note: Policies of the Board of Governors do not permit partial or full leaves of absence, for a portion of a semester, that would affect adversely the instructional services available to students, e.g., substituting another instructor for the petitioner to teach a course for a portion of the academic term (as distinguished from such substitution for the full term).


Petition Attachment D

Explanation of nature, extent and schedule of required duties as officeholder.

Adopted 01/16/76

Amended 02/08/85



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