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Can state funds be used to underwrite advocacy activities?
As a basic proposition, public funds, including both appropriated and non-appropriated funds, may not be used to underwrite activities intended to advocate, urge or promote a vote in favor of the bond issue. Thus the University cannot produce and distribute with state funds any materials that urge members of the public to cast a ballot in favor of the bond issue.
Can the University use public funds to provide factual information about the nature and purpose of the referendum?
Yes, though the distinction between unlawful "advocacy" and lawful "education" is often difficult. The resolution of the question depends on factors including style, tenor, timing and content of the publication or activity, and questions should be resolved by consultation with Nancy Davis, associate vice chancellor for University Relations; Evelyn Hawthorne, associate vice chancellor for Government Relations; or Susan Ehringhaus, University Counsel.
What kinds of materials meet the definition of "educational" materials?
Materials that consist of factual descriptions of, for example, the nature and extent of the capital facilities needs of the University, the effects of existing deficiencies in facilities, the use as to which the bond receipts would be put and the consequences of an infusion of revenues would be appropriate subjects. Balance suggests that informational material include alternatives to the bond issue and the financial impact bond passage would have on the public.
Employees cannot use University computers, printers, e-mail, faxes, postage or postage machines, stationery or envelopes to ask anyone to vote for passage of the bonds.
Employees cannot use University funds to produce or distribute any materials (flyers, letters, brochures, newspaper ads, TV commercials, etc.) that urge anyone to vote for passage of the bonds.
Employees can use University funds to detail facility needs, impact of the needs, projects to be funded, usage of the bond money and consequences of passing the bonds.
But employees cannot solicit support for the bonds. That means employees cannot write in any University document any form of advocacy, including: "please pass the bonds" or "please vote yes" or "vote for."
Can the University hire a public relations firm to assist in running a campaign in favor of the bond?
No. The University cannot do indirectly what it is prohibited from doing directly. Therefore, state funds cannot be used to hire such a firm or such an individual to assist in running a campaign in favor of the bonds.
Can pro-bond materials be available at campus events?
Yes, pro-bond brochures may be available on campus or at a campus event. But employees cannot produce them or pass them out on campus time.
Do senior administrators have any special responsibility to promote the bond issue?
Because it is the official judgment of the Board of Governors that passage of the bond issue is in the best interest of the University, it is the obligation of the chancellor and other senior officials of the University to carry out the Board of Governors' policy and, in other words, to promote the University. University senior officials, as part of their official duties and responsibilities, can go beyond merely informing and educating the public about the bond issue and may avowedly solicit a favorable vote on the bond referendum, through speeches, attendance at rallies, letters to newspapers, appearances on television programs, etc. Expenditures of public funds (for travel, for example) in support of senior officials carrying out such duties are permitted. However, expenditures of public funds for purposes ancillary to the official's duties are not permitted. Thus a University official is permitted to make a public appearance in support of a referendum during work time, but he or she cannot host an advocacy rally involving serving refreshments at University expense.
What about SPA employees? Can they support the bond issue during University time?
SPA employees can, during work time, help educate the public about the bond issue as directed by senior University officials and can support senior administrators who are carrying out their duties. Otherwise, SPA employees should avoid any advocacy activity during work time.
What about all employees' rights as citizens?
All state employees, SPA and EPA, retain all rights of citizens and may participate in politics and in support or opposition to a referendum on their own time. Note, however, it is against Board of Governors' policy for a senior administrator of the University to endorse or to be identified with a particular candidate or a party. See VIII-F-1 of The Code and policies of the Board of Governors' Manual.
Note: Guidelines also are available for students and student organizations. For a complete Q&A, see A HREF="http://www.unc.edu/govrel/">http://www.unc.edu/govrel/
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