AGO 84-24.

Case Date:December 11, 1984
Colorado Attorney General Opinions 1984. AGO 84-24. December 11, 1984Department of Law Attorney General Opinion FORMAL OPINION of DUANE WOODARD Attorney General Opinion No. 84-24 AG Alpha No. EX AD AGANP Ken Torp Chief of Staff Office of the Governor 136 State Capitol Denver, Colorado 80203 RE: Public employee use of annual leave to work on political campaignsDear Mr. Torp: This opinion letter is in response to your inquiry regarding the right of a Colorado state employee to use annual leave to work on a political campaign. QUESTION PRESENTED AND CONCLUSION Does section 1-45-116(1)(d), C.R.S. (1980) prohibit an employee or officer of a public agency from taking annual leave to work on a political campaign. My conclusion is no. ANALYSIS Section 1-45-116, C.R.S. (1980) is a part of the Campaign Reform Act of 1974. Unlike the Federal Hatch Act, see 5 U.S.C. section 7324(a)(2), section 1-45-116 does not prohibit public employees from taking part in political campaigns. It simply sets forth limitations upon contributions, both financial and in kind, which a state agency or political subdivision may make to a campaign. The section in its entirety reads as follows: 1-45-116. State and political subdivisions - limitations on contributions. (1) No agency, department, board, division, bureau, commission, or council of the state or any political subdivision thereof shall make any contribution or contribution in kind in campaigns involving the nomination, retention, or election of any person to any public office. They may, however, make contributions or contributions in kind in campaigns involving only issues in which they have an official concern. In such instances, unless specifically approved by the governing board or legislative body of the political subdivision involved: (a) No public funds or supplies shall be expended or used; (b) No employee or paid officer, other than the candidate, shall work on a campaign during working hours or use any public facility or equipment in a campaign during working hours; (c) No transportation or advertising involving public property or funds shall be provided for the purpose of influencing, directly or indirectly, the passage or defeat of an issue; (d) No employee or officer shall be granted leave from his job or office with the public agency, with pay, to work on a campaign. The Act...

To continue reading