Analyzing a Court Decision

An overview of Political Activities

presented by Bart Fennemore

Problematic Provisions

First Amendment rights of freedom of expression and association

Incompatibility of office Conflict-of-interest Nepotism

Incompatibility/Conflict-of-interest

School employees cannot serve in an office that has supervisory powers over their employer. Resign from your school position to take office or, Take an office that does not affect your school.

Serving on a different school board rather than the school board that employs you.

State dependent: Local school employees may be able to serve in state legislative positions. Some districts may require you take an unpaid leave

of absence while serving. Faculty/staff of a state university however would not

be able to serve in state legislative positions (perhaps one could work for Delaware State University but serve on Maryland state legislature?).

Nepotism

Office positions and School positions could be in jeopardy dependent on state nepotism provisions. Nepotism statutes do not always strictly apply to

certified school employees as the certification process is void of nepotism.

Case: Montgomery v. Carr Court: 101 F.3d 117 (6th Cir. 1996)

Antinepotism policy was upheld that forbade married couples from working at the same school because it did not violate their First Amendment rights of association.

Policy did not apply to couples that were simply cohabitating.

Campaigning (Free of Speech)

Do not campaign on school time. Do not campaign in your classroom. Do not let campaigning interfere with your job

performance. Do not use your school position as leverage to affect the

outcome of an election. Do not disrupt the school’s normal operations.

Case: Castle v. Colonial School District Court: 939 F. Supp. 458 (PA 1996)

To prevent teachers from soliciting votes during elections on school property there was a “policy that prohibited teachers from engaging in political activities on district property at any time.”

This was found to be a violation of teachers First Amendment rights.

Campaigning (Free of Speech)

Case: State Board for Elementary and Secondary Education v. Howard

Court: 834 S.W. 2d 657 (KY 1992) Local school employees were prohibited

“from taking part in the management of any political campaign for school board.”

Candidates could not solicit or accept from a school district employee any… Political assessment Contribution Service