University of Virginia Library

UNIVERSITY POLICY ON CAMPAIGNING FOR AND SERVING IN AN ELECTED PUBLIC OFFICE

• The following resolution was adopted:
  RESOLVED by the Rector and Visitors of the University of Virginia that the following statement of University policy on campaigning for and serving in an elected public office be and it is hereby approved:

POLICY ON CAMPAIGNING FOR AND SERVING IN AN
ELECTED PUBLIC OFFICE
FACULTY

Members of the faculty are in no way precluded by their relationship with the University from normal political activities but while they are in full-time status, it is understood that the activities related to their academic appointments will have first claim on their time and energy. It should at all times be made clear that political positions assumed by members of the faculty are personal, and do not necessarily, or even inferentially, reflect any position taken by the University of Virginia.

Members of the faculty may from time to time be invited to perform public service in an appointive capacity, at the national state, or local level. The University encourages them to render this type of service, believing that it is in its own interest that they should do so. It shall be the responsibility of the individual's Dean and of the Provost to determine whether the performance of this service will make sufficient demands on his time and energy to require a modification of his duty status, and, if some form of leave of absence is indicated, to determine whether any portion of this leave should be with pay. Leave will ordinarily be taken if the individual's outside activities may reasonably be expected to require either more of his time than would customarily be allowed for consulting activity or protracted absences from Charlottesville.

The Attorney General ruled in 1971 that faculty members do not hold office under the government of the Commonwealth.

The Constitution of Virginia, however, in Article IV, section 4, sets a standard:

• No person holding a salaried office under the government of the Commonwealth, and no judge of any court, attorney for the Commonwealth, sheriff, treasurer, assessor of taxes, commissioner of the revenue, collector of taxes, or clerk of any court shall be a member of either house of the General Assembly during his continuance in office; and his qualification as a member shall vacate any such office held by him.

which may be useful as a guide for faculty and staff in considering the level of permissible participation in public affairs. The current provision of the Constitution is carried over from the earlier constitutional provision and was the subject of serious and informed consideration by the Commission on Constitutional Revision, which consisted of distinguished public officials and educators. The problems of interpretation are manifold; interested persons are referred to pages 128-130 of the summary of the deliberations of the Commission on Constitutional Revision, and to pages 479-485 of Mr. A. E. Dick Howard's treatise on the 1971 Constitution of Virginia. Still, the constitutional rule amplified by these discussions represents the best available statement of the principles which should guide both the administration and the faculty and staff members in determining, in individual cases, the proper level of participation in public affairs.

Faculty members who choose to become candidates for elective public office on the state or national level will be expected to take leave of absence without pay for the period of their campaigns, in both primary and general elections. If elected, they will be expected to take leave of absence without pay for any semester during which the performance of their duties will require them to be absent from Charlottesville for substantial periods. If the duties or activities associated with his office can be performed in Charlottesville, but may reasonably be expected to require more of his time than is customarily allowed for consulting Activities, a faculty member must assume part-time status at the University, at a level to be determined by his Dean and the Provost of the University.

In contrast with candidacy for state and national offices, candidacy for local offices, such as membership on a City Council or a County Board of Supervisors, is ordinarily less time consuming, as is service on either of these bodies. If campaigning and service time can be limited to what would customarily be allowed for consulting activity, the faculty member may remain in full-time status with the University. If his political activities require more of his time than that, it shall be the responsibility of his Dean and of the Provost to determine whether he should be required to take leave of absence or to accept a reduced teaching and/or research load, with corresponding adjustment in the level of his compensation.

A faculty member who receives a salary supplement for the performance of administrative duties must take leave of absence from his administrative position during any election campaign in which he is a candidate, and, if elected, must resign his administrative position when his term in the elected office begins. In other respects, such persons will be governed by the same policies which have been defined above.

CLASSIFIED EMPLOYEES

Classified employees of the University are free to engage in all forms of political activity which do not interfere with the performance of the duties of their positions. If they choose to become candidates for elective office (e.g., membership in the General Assembly, the City Council, or the County Board of Supervisors), they will be expected to limit campaigning to off-duty hours, and any campaign activity in which they may engage during working hours will be chargeable to annual leave or leave without pay. Supervisors are encouraged to apply as liberal a policy as is consistent with maintaining the efficiency of the unit's operations toward the granting of annual leave or leave without pay and the adjustment of work schedules to enable the employee to conduct his campaign, and to serve in the office, if elected.

If a classified employee becomes a member of the General Assembly, he must assume leave status (either annual leave or leave without pay) during the time while the Assembly is in session. If he is called upon to perform duties or to exercise the functions of a member of the General Assembly at times when the Assembly is not in session, he must limit these activities to time outside University duty hours, or to time made available for them by his supervisor either by the granting of annual leave or leave without pay or by adjustment of work schedules.

If a classified employee becomes a member of a City Council or of a County Board of Supervisors, he may ordinarily continue in his employment at the University, provided that the duties of the office to which he has been elected can normally be performed outside regular University duty hours. Duty time spent on any activities incident to his Council or Board membership will be charged to annual leave or leave without pay, unless adjustments in his work schedule can be made which, in the judgment of his supervisor, will not impair the efficiency of his unit's operations.