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50StateTableStaffandPoliticalActivityChamberRules

Staff and Political Activity - Chamber Rules

Updated January 2012

This table is intended to provide general information and does not necessarily address all aspects of this topic.  Because the facts of each situation may vary, this information may need to be supplemented by consulting legal advisors.  It reflects rules in effect as of 1/1/12.

AL | AKAZ | ARCACOCT | DE | DC | FL | GA | HI | ID | IL | IN| IA | KS | KY | LA | ME| MD | MA | MI | MN | MO | MS | MT | NE | NV | NH | NJ | NM | NY | NC | ND | OH | OK | OR | PAPR | RI| SC| SD | TN | TX | UT | VT | VA | VI| WA | WV | WI | WY |
STATES
TITLE
Alabama

None found

Alaska

None found

Arizona

Senate Rule 1

B. There shall be such other employees as may be authorized by the Senate. The appointment, terms and conditions of employment, compensation, discipline, and discharge of employees of the Senate shall be determined by the President, subject to the approval of the Senate. Employees of the Senate are prohibited from lobbying during the term of their employment, and a violation of this rule will be sufficient cause for the summary discharge of the offending employees

House Rule 3

A. The House shall elect as an officer of the House a Speaker, and shall elect a Chief Clerk and such other employees as the House directs.

B. All House employees shall be under the immediate direction of the Speaker of the House, who shall have the power to designate the person who shall be in immediate supervision of the different departments.

C. Employment, compensation and termination of personnel shall be determined by the Speaker.

D. Employees of the House are prohibited from lobbying during the term of their employment, and a violation of this Rule will be sufficient cause for the summary discharge of the offending employee.

E. No person shall be employed as a House employee who is an agent for the prosecution of any claim against the state or who is interested in such claim otherwise than as an original claimant and it shall be the duty of the Speaker to report to the House any violation of this Rule.

Arkansas

Senate Rule 24.05

Use of Influence and Knowledge for Personal Gain

A Senator, personally or through others, shall not knowingly:

(a) Use the influence or knowledge of his or her office to obtain personal or family financial gain other than that provided by law for the performance of the Senator’s legislative duties.

(b) Acquire a financial interest in any business which the Senator has reason to believe may be directly affected to its economic benefit by action taken by the Senate.

(c) Perform an act that adversely affects a business when the Senator or his or her family has a financial interest in a competing business.

(d) Use or attempt to use his or her official position to secure or create privileges, advantages, or special treatment for the Senator’s benefit or the benefit of the Senator’s family unless the enactment or administration of law benefits the public generally.

(e) Use public funds or the time or counsel of public employees, for his or her personal or family gain.

(f) Use his or her official position by any means to influence a State agency for personal or family gain by the use of express or implied threat of legislative reprisal.

California

Joint Rule 44

(e) The enumeration in this rule of specific situations or conditions that are deemed not to result in substantial conflict with the proper discharge of the duties and responsibilities of a legislator or legislative employee, or in a personal interest, may not be construed as exclusive.

The Legislature, in adopting this rule, recognizes that Members of the Legislature and legislative employees may need to engage in employment, professional, or business activities other than legislative activities in order to maintain a continuity of professional or business activity, or may need to maintain investments, which activities or investments do not conflict with specific provisions of this rule. However, in construing and administering this rule, weight should be given to any coincidence of income, employment, investment, or other profit from sources that may be identified with the interests represented by those sources that are seeking action of any character on matters then pending before the Legislature.

(f) An employee of either house of the Legislature may not, during the time he or she is so employed, commit any act or engage in any activity prohibited by any part of this rule. …

Senate Rule 12.3

(5) The Committee on Rules, upon the recommendation of the Committee on Legislative Ethics, shall appoint a Chief Counsel to assist the committee in carrying out its functions. The staff of the committee shall be considered permanent and professional, and shall perform their duties in a nonpartisan manner. No staff of the committee may engage in partisan activities regarding a Senate election campaign. The committee may retain independent counsel when necessary for specific investigations.

Assembly Rule 24

… If the application discloses any fact that indicates that the applicant has a personal interest that would conflict with the faithful performance of his or her duties, the applicant shall not be employed. All applications shall be retained in the records of the committee.   …

An employee may not engage in any outside business activity or outside employment that is inconsistent, incompatible, or in conflict with his or her functions or responsibilities as an employee of the Assembly. Any employee who engages in any outside business activity or employment that is in any way related to his or her functions or responsibilities as an employee shall promptly notify the Committee on Rules of that business activity or employment.

Colorado

House Rule 44

(f) Any officer or employee of the House who, while carrying out the duties of his or her position on the premises of the state capitol building, shall invite, solicit, or urge any member to vote for or against any bill or other measure or to use his or her influence for or against any bill or measure before the House or any of its committees shall be summarily dismissed from service or employment. Nothing in this subsection (f) shall prohibit an officer or employee of the House from exercising the same rights and privileges as other citizens of Colorado with regard to legislation of interest if such attempts are made away from the premises of the state capitol and not while fulfilling the responsibilities of whatever position the officer or employee has been hired to carry out.

Connecticut

None found

Delaware

House Rule 61

(a)   No House member or staff member shall use state mail services and/or state-paid for postage for his or her own personal use. …

District of Columbia

None found

Florida

Senate Rule 1.32

Political Activity. Senate employees shall be regulated concerning their political activity pursuant to section 110.233, Florida Statutes.

House Rule 4.3

The Employees.The Speaker shall employ all employees of the House and shall determine their qualifications, duties, hours of work, and compensation, including perquisites and other benefits. All employees work for and serve at the pleasure of the Speaker. The Speaker has the right to dismiss any employee of the House without cause, and the pay of such employee shall stop on the designated day of dismissal. Except when operating under direction from a member with authority over the designated employee, no House employee shall seek to influence the passage or rejection of proposed legislation.

Georgia

Senate Rules 1-4.1 to 1-4.5

1-4.1 Personal Financial Gain. (b) Senators and staff shall not use public resources or personnel for the purpose of conducting personal or private business activity. Ordinary and necessary communications which Senators and staff must conduct with their homes and business interests while serving in their public capacities are permitted.
1-4.2 Campaign Contributions. (a) No Senator or staff shall solicit a campaign contribution in a state office building. Senators shall not operate political campaigns or operate political fund raising campaigns from state office buildings which have not been leased or rented for such purposes.

(b) Senators shall not agree to, or threaten to withhold, political action or constituent services as a result of a person's decision to provide or not to provide a political contribution, charitable contribution, or support.

1-4.3. Conflicts of Interest. (a) Senators and staff shall avoid financial conflicts of interest and close economic associations where official action or decisions are motivated not by public duty but by economic self-interest or association. Financial conflicts of interest and close economic associationsare defined as those financial interests or interests arising from close economic associations with other persons or entities which are so material, direct, distinct, unique, and peculiar to the Senator or staff that it might reasonably be expected that impartial official judgment could not be exercised.

(b) No Senator or staff shall seek, accept, or retain employment which: makes it unreasonably difficult to fulfill legislative obligations; requires the disclosure or use of nonpublic or confidential information acquired in the course of legislative service; requires improper use of government relationships or the prestige associated with legislative offices; or will require the Senator or staff to compromise any other ethical or legal duty.

1-4.4. Special Treatment; Acceptance of Things of Value. (a) No Senator or staff, acting as an attorney or representative of another, shall seek or accept any special treatment not otherwise approved by law or judicial order because of his or her legislative role. (b) No Senator or staff shall accept anything of value when such thing of value is offered with the understanding that official action will be taken or withheld by a Senator or staff in consideration of acceptance of that which is offered. Any offer made which is conditioned upon the taking or withholding of official action shall immediately be reported in writing to the Chairman of the Ethics Committee.

1-4.5. Crimes of Moral Turpitude and Controlled Substances. No Senator or staff shall knowingly commit any crime involving moral turpitude or knowingly possess, use, manufacture, or distribute any controlled substance, dangerous drug, marijuana, or alcoholic beverage in violation of any state or federal law or any county or municipal ordinance. Conviction of any such crime, the acceptance of a plea of guilty or nolo contendere to any such crime, or imposition of payment of a criminal or administrative penalty for any such crime shall constitute a violation of this rule.

House Rule 171

Members and employees of the House shall conform to the following standards of ethical and proper conduct. Such standards shall not be exclusive of other lawfully imposed standards of conduct for members and employees of the House:

1.No member or employee of the House shall unlawfully use his or her office or official position for personal financial gain, and each member or employee shall be entitled to compensation for his or her official duties only to the extent of pay and allowances attaching to such office or position or as is otherwise authorized by law. Nothing in these rules, however, shall be construed to prevent a member or employee from lawfully pursuing his or her business or profession or to limit ordinary and necessary communications in the pursuit thereof while serving in an official capacity;

2.No member or employee of the House shall use state funds, facilities, equipment, services, or other state resources for nonlegislative purposes, for the private benefit of any person, or for the purpose of soliciting campaign funds. This paragraph does not prohibit:

(A) Limited use of public resources for personal purposes if the use does not interfere with the performance of public duties by a member or employee of the House and the cost or value related to the use is nominal;

(B) The use of mailing lists, computer data, or other information lawfully obtained from public resources and available to the general public for nonlegislative purposes;

(C) Telephone, facsimile or other communications use that arises out of or in connection with the member's ordinary course of business;

(D) A member's use of the member's Capitol or Legislative Office Building office facilities for nonlegislative purposes if the use does not interfere with the performance of public duties by the member and there is no cost to the state for such use other than utility costs and normal wear and tear;

(E) The storing and maintenance of campaign finance and election records in legislative offices;

(F) Normal and customary caucus activities; or

(G) Any other use that is not inconsistent with public service;

3.No member or employee of the House shall knowingly seek, accept, use, allocate, grant, or award public funds for a purpose other than that approved by law or make a false statement in connection with a claim, request, or application for public funds;

4.No member or employee of the House shall directly or indirectly:

(A) Perform or withhold, or state or imply that the member or employee will perform or withhold, any official action solely as a result of a person's decision to provide or not provide a political contribution; or

(B) Perform or withhold, or state or imply that the member or employee will perform or withhold, any constituent service solely as a result of a person's decision to provide or not provide a political contribution;

5.No member or employee of the House shall improperly retaliate against any state employee or any other person for reporting to any appropriate authority any conduct which such person believes to be unlawful or improper;

6.Sexual harassment is prohibited and shall subject the offender to possible sanctions, penalties, or legal action. Sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature shall constitute sexual harassment when: (A) submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment; or (B) submission to or rejection of such conduct by an individual is used as a basis for

employment decisions affecting an individual; or (C) such conduct interferes with an individual's work performance or creates an intimidating, hostile, or offensive work environment;

7.No member or employee of the House shall knowingly violate any rule of the House, including without limitation the provisions of these rules relating to confidentiality of proceedings of the Committee on Ethics; and

8.No member or employee shall commit any felony or crime involving moral turpitude which felony or other crime is related to the member's or employee's service as a public officer or employee.

Guam

None found

Hawaii

Senate Rule 82

Decorum: Solicitation Prohibited. An officer or employee of the Senate shall not solicit subscriptions, for any purpose, from any other officer or employee thereof, nor from any Senator. Nor shall any person be permitted to solicit or receive subscriptions or contributions for any purpose on the floor or in the lobby of the Senate or in any Senate office.

Idaho

Senate Rule 46

Employee Soliciting Vote. -- (D) Any employee of the Senate, or of its committees, soliciting or inviting any Senator to vote or use his influence for any bill or matter before the Senate, shall be dismissed at once from the Senate, and shall be dismissed at once from service and employment.

Lobbying Prohibited. -- (E) No person shall be permitted to lobby for or against any bill in the Chamber of the Senate while the Senate is in session, except when the Senator to whom he wishes to speak shall have authorized him to do so.

House Rule 65
Attaches, Duties.-- All attaches of the House shall be required to be on duty during the sessions of the House and during such other hours as they may be needed for the business of the House, unless excused by the Speaker.

House Rule 66

Attaches, Lobbying.-- Attaches of the House shall not be permitted to lobby for or against any bill or measure pending. It shall be the duty of the Speaker of the House of Representatives to summarily discharge any attache of the House violating this rule.

Illinois

None found

Indiana

None found

Iowa

House Rule 19

Extra Compensation of Employees. No employee shall receive any extra compensation, except as provided by the house, or tips for services performed while on duty. Any violation of this rule shall be grounds for removal.

Kansas

None found

Kentucky

None found

Louisiana

House Rule 3.4

No person employed by the House of Representatives shall lobby for or against, or under any other guise engage in any activity in support of or in opposition to, any legislative instrument or other matter before the House of Representatives or the Senate during the course of any legislative session and any such activity shall be cause for immediate dismissal from employment.

Maine

None found

Maryland

None found

Massachusetts

Senate Rule 10, 10A, 11 D

10. No member, officer, or employee shall use or attempt to use improper means to influence an agency, board, authority, or commission of the Commonwealth or any political subdivision thereof.  No member, officer, or employee of the Senate shall receive compensation or permit compensation to accrue to his or her beneficial interest by virtue of influence improperly exerted from his or her position in the Senate.  Every reasonable effort shall be made to avoid situations where it might appear that he or she is making such use of his or her official position.  Members, officers, and employees should avoid accepting or retaining an economic interest or opportunity which represents a threat to their independence of judgment.

No member, officer, or employee shall use confidential information gained in the course of or by reason of his or her official position or activities to further his or her own financial interest or those of any other person.

10A. No member, officer, or employee shall employ anyone from state funds who does not perform tasks which contribute to the work of the Senate and which are commensurate with the compensation received; and no officer or full time employee of the Senate shall engage in any outside business activity during regular business hours, whether the Senate is in session or not.  No member of the Senate shall act on a matter before a committee or vote on any question in which his private right is immediately concerned, distinct from the public interest.  All employees of the Senate are assumed to be full time unless their personnel record indicates otherwise.

11D. The Committee on Ethics and Rules shall sponsor ethics training for members and staff within ninety days of the opening of the biennial session. 

House Rule 16A-16B

CODE OF ETHICS.

16A. (1.) While members, officers and employees should not be denied those opportunities available to all other citizens to acquire and retain private, economic and other interests, members, officers, and employees should exercise prudence in any and all such endeavors and make every reasonable effort to avoid transactions, activities, or obligations, which are in substantial conflict with or will substantially impair their independence of judgment.

 (2.) No member, officer or employee shall solicit or accept any compensation or political contribution other than that provided for by law for the performance of official legislative duties.

(3.) No member, officer or employee shall serve as a legislative agent as defined in Chapter 3 of the General Laws regarding any legislation before the General Court.

(4.) No member, officer or employee shall receive any compensation or permit any compensation to accrue to his or her beneficial interest by virtue of influence improperly exerted from his or her official position in the House.

(5.) No member, officer or employee shall accept employment or engage in any business or professional activity, which will require the disclosure of confidential information gained in the course of, and by reason of, his or her official position.

(6.) No member, officer or employee shall willfully and knowingly disclose or use confidential information gained in the course of his or her official position to further his or her own economic interest or that of any other person.

(9.) No member, officer or employee shall employ anyone from public funds who does not perform tasks which contribute substantially to the work of the House and which are commensurate with the compensation received; and no officer or full time employee of the House shall engage in any outside business activity during regular business hours, whether the House is in session or not. All employees of the House are assumed to be full time unless their personnel record indicates otherwise.

(10.) No member, officer or employee shall accept or solicit compensation for non-legislative services which is in excess of the usual and customary value of such services.

(11.) No member, officer or employee shall accept or solicit an honorarium for a speech, writing for publication, or other activity from any person, organization or enterprise having a direct interest in legislation or matters before any agency, authority, board or commission of the Commonwealth which is in excess of the usual and customary value of such services.

(13.) No member shall convert campaign funds to personal use in excess of reimbursements for legitimate and verifiable campaign expenditures. Members shall consider all proceeds from testimonial dinners and other fund raising activities as campaign funds.

16B. The Committee on Personnel and Administration shall develop and conduct an ethics law training program for every member, officer and employee of the House; provided further, that said training program shall include, without limitation, a detailed review of the requirements and prohibitions of chapter 268A and chapter 268B of the General Laws; and provided further, that said training program shall be offered no later then July 1 of the first biennial session of the General Court and shall be mandatory for all members, officers and employees. [Adopted Jan. 9, 2003, Amended Feb. 11, 2009.]

Michigan

Senate Rule 1.401

c) A Senate employee shall not convert for personal, business and/or campaign use, unrelated to Senate
business, any supplies, services, facilities, or staff provided by the State of Michigan. This includes, but is not limited to, telephones, telecopy machines, computers, postage, and copy machines.
 d) Personal business and incidental campaign calls, when charged to the state, are clearly contrary to the proper use of these facilities.
e) Personal and business calls must be charged to the caller's residence telephone, personal credit card, special billing number or made from a cellular telephone or pay station. Individuals making unreimbursed personal calls from state facilities shall be subject to appropriate sanctions.

f) In situations where it is not possible to utilize any of the methods outlined above to make a personal call, or when other incidental expenses are incurred, the Senate's operating procedure shall allow reimbursement to the State of Michigan for such calls and expenses.

Senate Rule 1.405

Any Senate employee who files a nominating petition or pays a fee for ballot access or files an affidavit of candidacy for a full-time elective office shall be placed on an unpaid leave of absence.

House Rule 74

(4) A Member shall not convert for personal, business and/or campaign use, unrelated to House business, any supplies, services, facilities, or staff provided by the State of Michigan. This includes, but is not limited to, telephones, telecopy machines, computers, postage, and copy machines.

(5) A Member shall not solicit or accept any type of campaign contribution in any House facility or building.

Minnesota

Senate Rule 54.5

The committee [Senate Committee on Rules and Administration] may make employment rules and regulations. In case of violation of an order of the committee by an employee, or in case of a violation of a rule or regulation made by the committee, or in case of misconduct or omission by an employee, the Committee on Rules and Administration may hear complaints and discharge the employee or impose discipline, a fine, or other punishment upon the employee.

House Rule 9.05

An employee of the House must not participate in campaign activity during working hours. An employee must not be obliged to participate in campaign activities as a condition of employment. A member is not an employee of the House for purposes of this Rule. House equipment must not be used for campaign activities. The Committee on Rules and Legislative Administration must define the terms of and implement this Rule.

House Rule 9.21

A member or employee of the House must not accept travel or lodging from any foreign government, private for-profit business, labor union, registered lobbyist, or an association thereof, except payment permitted by law of expenses that relate to the member’s or employee’s participation as a legislator or legislative employee in a meeting or conference. This Rule does not apply to travel or lodging provided to a member in the regular course of the member’s employment or business.

Mississippi

House Rule 11

d) No employee of the House Legislative Services Office shall:

(i) Reveal to any person outside his office the contents or nature of any request for services made by any member of the House except with the written consent of the person making such request;

(ii) Urge, oppose or attempt to influence any legislation;

(iii) Give legal advice on any subject to any person, firm or corporation, except members of the House; nor

(iv) During his employment be associated or interested in the private practice of law in any matter without prior approval of the Management Committee.

House Rule 63 B

CODE OF ETHICS.

In addition to the other rules of the House of Representatives, and in supplement thereto, the following Code of Ethics is established as a standard of conduct for members.

(1) No member, officer or employee of the House shall:

(a) Accept employment or engage in any business or professional activity which will require him to disclose confidential information which he has gained by reason of his official position or authority;

(b) Improperly disclose confidential information acquired by him in the course of his official duties nor use such information to further his personal interests;

(c) Use or attempt to use his official position to secure unwarranted privileges or exemptions for himself or others;

(d) Use for private gain any information not available to the public at large and acquired by him solely by virtue of his position, and no information described in this subsection shall be disclosed by a member to others for purposes of their use for private gain.

(2) Each member of the House shall file the statement of economic interest or any other statement required to be filed by the Mississippi Ethics Commission which shall be signed under oath as to the accuracy and completeness of the information set forth to the best knowledge of the person submitting such statement. Required statements hereunder shall be filed with the Mississippi Ethics Commission with such information as is required by law. In the event of any substantial change occurring after the time required for filing as to matters covered in this section, a supplemental statement shall be filed within thirty (30) days thereafter reflecting such new information. In addition to the filings required herein, a member may make additional filings with a request for an advisory opinion from the Ethics Committee on any matter which the member feels is subject to interpretation under this rule.

(3) Any member who shall undertake to represent or to intervene for any person for compensation before any state agency shall file a statement with the Ethics Committee within thirty (30) days after undertaking said representation. Such statement shall identify the person represented and the nature of the business involved; provided, however, that this provision shall not apply: (a) where such representation involves only the uncontested or routine actions of administrative officers or employees of the state in issuing or renewing a license, charter, certificate or similar document, and (b) where such representation is before the Mississippi Workers' Compensation Commission.

(4) In addition to the filings required herein, copies of the statements required to be filed under this rule shall be filed with the Secretary of State. Such statements shall be open to the general public and shall be filed at the same time as filings required hereinabove.

64. Appropriation and revenue bills shall, at regular sessions of the Legislature, have precedence over all other business and no such bill shall be passed during the last five (5) days of the session.

65. It shall be the duty of the Committee on Engrossed and Enrolled Bills to examine all engrossed and enrolled bills, correct all mistakes therein, and report the bills to the House and this report shall be in order at any time.

Missouri

None found

Montana

None found

Nebraska

None found

Nevada

None found

New Hampshire

House Rule 60

No officer or employee of the House during the session or any adjournment thereof shall purchase or contract to purchase, pay or promise to pay any sum of money on behalf of the House or issue any requisition or manifest without securing the approval in writing of the Speaker of the House or designee.

House Rule 62

No employee or attaché of the House Sergeant-at-Arms shall, directly or indirectly, be personally involved with or attempt to influence the passage or consideration of any measure whatsoever. If any such employee or attaché becomes involved with any such measure, it shall be grounds for summary dismissal.

New Jersey

Senate Rules 31-34

G. PARTISAN STAFF CONDUCT AND RESOURCES.

31. a. A partisan staff employee may not assign or engage in campaign work on State time.

Campaign work is work that does not reasonably and primarily fulfill the employee's official duties and materially contributes to: (1) a person's chance of election or reelection to public or party office, or (2) the financial prospects or the electoral advantage of a political party or candidate.

b. Work that would otherwise be campaign work within the meaning of that term as it is used in subsection a. is not prohibited if: (1) it occurs on rare and isolated occasions; and (2) its performance imposes little or no cost to the State; and (3) it is incidental and subordinate to other work which has a primarily public purpose.

32. Partisan staff employees may engage in campaign work voluntarily whenever they are not present in State facilities or obligated to perform legislative duties.

33. a. No partisan staff employee may use, or make available for use by another, State property or resources in connection with campaign work. No partisan staff employee may use a State

resource in connection with the preparation of, securing signatures on, or the filing of petitions.

b. The use of State property or resources in connection with campaign work should not be prohibited if: (1) it is rare and isolated; and (2) it imposes little or no cost to the State; and (3) it is incidental and subordinate to other work which has a primarily public purpose.

33A. No Legislator or employee of the partisan staff shall use, or make available for use by another, the resources of the State allocated to the partisan staff in connection with the mass distribution to members of the general public of unsolicited written or electronic matter including, but not limited to, a pamphlet, letter, newsletter, advertisement, statement or flyer concerning the activities or opinions of a member of the Legislature which is distributed during a calendar year in which the member mentioned therein will be a candidate at the general election. Nothing in this Joint Rule shall be deemed to prevent the distribution of a press release to the press or follow-up correspondence related to a meeting.

34. a. Partisan staff employees shall receive a copy of the Conflicts of Interest Law (P.L.1971, c.182, C.52:13D-12 et seq.), the Legislative Code of Ethics, the Rules Concerning the Operation, Maintenance and Utilization of the Legislative Information System and the Joint Rules Governing Partisan Staff Conduct.

b. The Joint Legislative Committee on Ethical Standards shall enforce, interpret and adjudicate alleged violations of these Joint Rules.

c. A violation of these Joint Rules shall be punishable by reprimand, suspension, dismissal, restitution or if restitution is not ordered, a fine not to exceed $500.

Assembly Rules 31-34

G. PARTISAN STAFF CONDUCT AND RESOURCES.

31. a. A partisan staff employee may not assign or engage in campaign work on State time. Campaign work is work that does not reasonably and primarily fulfill the employee’s official duties and materially contributes to: (1) a person’s chance of election or reelection to public or party office, or (2) the financial prospects or the electoral advantage of a political party or candidate.

b. Work that would otherwise be campaign work within the meaning of that term as it is used in subsection a. is not prohibited if: (1) it occurs on rare and isolated occasions; and (2) its performance imposes little or no cost to the State; and (3) it is incidental and subordinate to other work which has a primarily public purpose.

32. Partisan staff employees may engage in campaign work voluntarily whenever they are not present in State facilities or obligated to perform legislative duties.

33. a. No partisan staff employee may use, or make available for use by another, State property or resources in connection with campaign work. No partisan staff employee may use a State resource in connection with the preparation of, securing signatures on, or the filing of petitions.

b. The use of State property or resources in connection with campaign work should not be prohibited if: (1) it is rare and isolated; and (2) it imposes little or no cost to the State; and (3) it is incidental and subordinate to other work which has a primarily public purpose.

33A. No legislator or employee of the partisan staff shall use, or make available for use by another, the resources of the State allocated to the partisan staff in connection with the mass distribution to members of the general public of unsolicited written or electronic matter including, but not limited to, a pamphlet, letter, newsletter, advertisement, statement or flyer concerning the activities or opinions of a member of the Legislature which is distributed during a calendar year in which the member mentioned therein will be a candidate at the general election.

Nothing in this Joint Rule shall be deemed to prevent the distribution of a press release to the press or follow-up correspondence related to a meeting.

34. a. Partisan staff employees shall receive a copy of the Conflicts of Interest Law (P.L. 1971, c. 182, C. 52:13D-12 et seq.), the Legislative Code of Ethics, the Rules Concerning the Operation, Maintenance and Utilization of the Legislative Information System and the Joint Rules Governing Partisan Staff Conduct.

b. The Joint Legislative Committee on Ethical Standards shall enforce, interpret and adjudicate alleged violations of these Joint Rules.

c. A violation of these Joint Rules shall be punishable by reprimand, suspension, dismissal, restitution or if restitution is not ordered, a fine not to exceed $500.

New Mexico

Senate Rule 1-5

No officer or employee of the senate shall solicit subscriptions for any purpose from any other officer or employee thereof, nor from any senator; nor shall any person be permitted to sell or offer for sale any article, nor to solicit or receive subscriptions or contributions for any purpose on the floor or in the lobby of the senate.

Senate Rule 7-17

No senator shall solicit personal campaign contributions or allow any other senator or senate employee to solicit campaign contributions on his behalf during any regular or special session.

House Rule 7-17

No member of the house of representatives, or any agent on his behalf, shall knowingly solicit a contribution for a political purpose for that period beginning January 1 prior to any regular session of the legislature and ending on the twentieth day following the adjournment of the regular session. For purposes of This rule, "political purpose" means influencing or attempting to influence an election, including a constitutional amendment or other question submitted to the voters.

New York

Assembly Rule V, § 11

Employee candidates for Senator or member of Assembly. No Assembly employee shall remain on the Assembly payroll while a candidate for Senator or member of Assembly. For the purposes herein, an employee shall be deemed a candidate for Senator or member of the Assembly upon the filing of designating petitions for such office or, where nominations for such office are made other than by petition, upon nomination. Such employee shall remain off the Assembly payroll until such time as his or her candidacy shall cease or upon the day following election day for such office, whichever comes first.

North Carolina

None found

North Dakota

Joint Rule 1001

Legislative ethics policy.

1. The Legislative Assembly always seeks a high reputation for progressive accomplishment where its members are public officers of integrity and dedication, maintaining high standards of ethical conduct…..

6. Ethical conduct is expected of all who participate in the legislative process, including lobbyists, legislative staff, government employees, interest groups, the media, and others. All participants in the legislative process should recognize the importance of their role to support each member's ethical duty

to make independent judgments.

Joint Rule 1003 references applicable state law regarding political activity and public employees and resources.

Ohio

None found

Oklahoma

House Rule 11.5
Lobbying(a) All lobbying activities directed at the House shall be governed by Sections 4249-4255 of Title 74 of the Oklahoma Statutes and such other applicable rules lawfully promulgated by the Oklahoma Ethics Commission. (b) No monetary contributions shall be accepted by any Member or his or her staff on Capitol property at any time.

Oregon

Senate Rule 14.20
Legislative Newsletters.
(1) Each member may issue legislative newsletters or other informational material to constituents. Costs for newsletters and informational material may be billed to the member’s individual expense account. Such newsletters or other informational material charged in whole or in part against a member’s individual expense account may be distributed at any time during a member’s term with the following exceptions:

(a) The period commencing 60 days before the primary election until the day following the election if the member is a candidate for election or reelection at the primary election.

(b) The period commencing 60 days before the regular general election until the day following the election if the member is a candidate for election or reelection at the general election.

(2) As used in this rule “legislative newsletter” and “informational material” means material suitable for distribution to members of the public informing them of official activities of a legislator or actions occurring before the Legislative Assembly or its committees or affecting its activities when such material is not campaign material and does not serve partisan political purposes. The following subsections explain in detail acceptable and unacceptable mailings:

(a) Press Releases: Members may issue press releases to members of the news media (as well as other legislators, Capitol staff, the lobby, etc.) during the 60-day window; however, copies may not be distributed directly to a list of constituents or be posted on members’ legislative websites (or even on an external website), if the press release was produced with a state computer or by staff on state time).

(b) Legislative E-Mail: Members may not send electronic publications like electronic newsletters, press releases, town hall meeting notices, or other e-mail to a list of constituents from legislative e-mail accounts (or even from personal e-mail accounts, if the material was produced with a state computer or by staff on state time) during the 60-day window. Members may, however, respond to inquiries from individual constituents.

(c) Legislative Website: Members may not post copies of newsletters, press releases, town hall meeting notices, or other materials to legislative websites during the 60-day window. Materials posted prior to the deadline do not need to be removed; however, such materials may not be revised during the 60-day window. Members may not communicate broadly by any media (including a link on any external website) urging members of the public to visit the legislative website. It is OK, however, if the legislative website address appears on state business cards or state stationery.

(d) Town Hall Meetings & Other Meetings With Groups Of Constituents:Members may not spend state funds or use staff on state time to advertise a town hall meeting or other meeting with a group of constituents that takes place during the 60-day window, even if the expenditure occurs prior to the deadline in accordance with SR 14.20(1). Members may not distribute a written handout at a town hall meeting or other meeting with a group of constituents that takes place during the 60-day window, if the handout was prepared by staff on state time, even if they completed their work on the handout prior to the deadline in accordance with SR 14.20(1). Handouts produced by other legislative offices or other government agencies are permissible. State business cards may be made available at a town hall meeting or other meeting with a group of constituents during the 60-day window.

(3) As used in this rule “distributed” means that the legislative newsletter or informational material has left the possession and control of the member.

House Rule 14.30

Legislative Newsletters. (1) Each member may issue legislative newsletters or other informational material to their constituents. Costs for newsletters and informational material may be billed to the member's individual expense account. Such newsletters or other informational material charged in whole or in part against a member's individual expense account may be distributed at any time during a member's term with the following exception:

(a) The period commencing 60 days before the primary election until the day following the election if the member is a candidate for any election or reelection at the primary election.

(b) The period commencing 60 days before the regular general election until the day following the election if the member is a candidate for any election or reelection at the general election.

(2) As used in this rule "legislative newsletter" and "informational material" means material suitable for distribution to members of the public informing them of official activities of a legislator and/or concerning legislative related issues. Such material shall not be campaign material, serve partisan political purposes, or take a position on a citizen initiative…

Pennsylvania

House Rule 1 E. Ethical Conduct Rules of the House of Representatives.

Definitions

The following words and phrases when used in the Ethical Conduct Rules of the House of Representatives shall have the meanings given to them in this Rule unless the context clearly indicates otherwise:

"Campaign." An effort organized in support of or opposition to the nomination, election or re-election of an individual to elective office.

"Campaign activity." An activity on behalf of a candidate, political party, political committee, campaign, campaign committee, political organization or political body which is intended to influence the outcome of an election, including any of the following:

(1) Organizing a campaign meeting, campaign rally or other campaign event, including a fund-raiser where campaign contributions are solicited or received.

(2) Preparing or completing responses to questionnaires that are intended primarily for campaign use.

(3) Preparing, reviewing or filing a campaign finance report.

(4) Conducting background research on a candidate or an elected official to be used or intended to be used to influence the outcome of an election.

(5) Preparing, conducting or participating in campaign polling.

(6) Preparing, circulating or filing a candidate nominating petition or papers.

(7) Participating in, preparing, reviewing or filing a legal challenge to a nominating petition or papers.

(8) Preparing, distributing or mailing campaign literature, campaign signs or other campaign material on behalf of or in opposition to any candidate.

(9) Managing a campaign.

(10) Participating in, preparing, reviewing or filing documents in a recount, challenge or contest of an election.

(11) Posting campaign-related information on a website or social media website.

(12) Soliciting an individual's vote for a candidate.

(13) Working at a polling place.

"Campaign contribution." A monetary or in-kind contribution made to a candidate or a campaign.

"Campaign polling." The preparation, compilation, collection or gathering of information, including focus groups and surveys, reflecting public opinion as to an elected official, group of elected officials, candidate, group of candidates, political party, political committee, campaign, campaign committee, political organization or political body that is intended to be used for the purpose of supporting or opposing the nomination, election or re-election of an individual to elective office.

"Candidate." An individual seeking nomination, election or re-election to an elective office.

"De minimus." An economic consequence which has an insignificant effect.

"Elected official." An individual elected by the public to serve a term in an elective office. The term shall include an individual appointed to fill an unexpired term in an elective office.

"Election." A general, special, municipal or primary election, including elections at which a candidate for elective office in a Federal governmental body is on the ballot.

"Elective office." A position in a governmental body to which an individual is required under the Constitution of Pennsylvania, the Constitution of the United States or by law to be elected by the public.

"House employee." A person employed by the Office of the Speaker of the House of Representatives, the House Republican Caucus or the House Democratic Caucus.

"House office." Legislative offices and work spaces, including:

(1) An office assigned to a Member for the conduct of legislative duties, wherever located.

(2) House conference or meeting rooms located in the Capitol complex.

(3) A legislative district office.

"House resources." House-owned or House-leased equipment including telephones, computer hardware or software, copiers, scanners, fax machines, file cabinets or other office furniture, cell phones, personal digital assistants or similar electronic devices, and office supplies.

"House work time." Compensated time spent in the performance of duties by a House employee.

"Mass communication." The term shall include, but not be limited to, the following if they are paid for with House funds:

(1) Any newsletter or similar mailing of more than 50 pieces a day in which the content of the matter is substantially identical.

(2) Any electronic mail transmission to more than 50 addresses per day in which the content of the matter is substantially identical.

(3) Any public service announcement via radio or television broadcast that depicts the name, voice or image of a Member.

(4) Any telemarketing activities or robocalls on behalf of a Member, except for limited surveys to determine public opinion on various issues that do not use the name, voice or image of a Member.

"Member." An individual elected to serve in the Pennsylvania House of Representatives.

"Official mailing lists." Any list containing individuals, companies or vendors, including names, addresses, telephone numbers or e-mail addresses that are procured, compiled, maintained or produced with House funds.

"Own time." A House employee's time that is distinct from House work time and includes time that is spent on vacation/annual leave and personal leave. The term does not include compensatory leave.

House Rule 2 E. Conduct.

No campaign activity may be conducted by a House employee on House work time. No campaign activity may be conducted in a House office or with House resources or House funds. The following shall apply:

(1) House employees are permitted to engage in campaign activities on their own time.

(2) The solicitation or receipt of campaign contributions in a House office, on House work time or with House resources is prohibited. If an unsolicited contribution is sent to a House office through the mail or in an unidentifiable form, the employee who receives it shall turn it over to the applicable campaign and, within two business days, notify the donor, if known, that campaign contributions should not be sent or delivered to a House office.

(3) No House employee may be allocated any leave time for time spent engaging in campaign activities on his or her own time.

(4) A House employee, with the permission of his or her employer, may go on leave without pay or benefits to engage in campaign activities.

(5) A House employee who announces his or her candidacy for a House seat or files nomination petitions or papers or for whom a nomination certificate is filed to run for a House seat shall be put on leave without pay or benefits during the duration of his or her candidacy unless the employee voluntarily leaves House employment.

(6) De minimis campaign activities may be unavoidable for a Member or House employee in the course of their official duties and shall not be considered a violation of these ethical conduct rules. This includes the following activities:

(a) A Member or House employee may, in responding to inquiries from the public, need to address incidental questions that relate to a Member's or another person's campaign or a related legislative record.

(b) A Member or House employee may provide scheduling assistance and information to campaign staff to ensure that no conflict occurs among the Member's campaign schedule, official schedule and personal schedule.

(c) A Member or House employee may engage in political conversation in the natural course of personal communication.

(7) A Member's official State website or State social media website shall not contain a link to his or her campaign website or campaign social media website.

(8) No House employee may be required to make a campaign contribution as a condition of employment or continued employment.

(9) No House employee may be required to perform any campaign activity, on House work time or the employee's own time, as a condition of employment or continued employment.

(10) No House employee who agrees or offers to participate in a campaign activity on the employee's own time, or makes a campaign contribution, shall receive additional House compensation or employee benefit in the form of a salary adjustment, bonus, compensatory time off, continued employment or any other similar benefit in return.

(11) A House employee who refuses to participate in a campaign activity or to make a campaign contribution shall not be sanctioned for that refusal.

(12) Official House mailing lists shall be used solely for legislative purposes and shall not be provided to a candidate, political party, political committee, campaign, campaign committee political organization or political body to be used for any campaign activity.

(13) House computers shall not be used to create or update any mailing list that identifies the listed individuals as campaign volunteers or campaign contributors to a candidate, political party, political committee, campaign or campaign committee, political organization or political body.

(14) No list may be developed by a Member or a House employee for the purpose of monitoring or tracking campaign activity or campaign contributions of a House employee.

(15) No mass communication shall be made at the direction or on behalf of any Member which is delivered to a postal facility or otherwise distributed within 60 days immediately preceding an election at which the Member is a candidate. Nothing in this subsection shall apply to any mass communication:

(a) in response to inquiries or affirmative requests from persons to whom the matter is communicated,

(b) sent to colleagues in the General Assembly or other government officials, or

(c) which consists entirely of news releases to the communications media.

(16) No House employee may be required to perform any task unrelated to the House employee's official duties, on House work time or the employee's own time, as a condition of employment or continued employment.

(17) No House employee who agrees or offers to perform a task unrelated to the House employee's official duties, on the employee's own time, shall receive any additional House compensation or employee benefit in the form of a salary adjustment, bonus, compensatory time off, continued employment or any other similar benefit in return.

(18) A House employee who refuses to perform a task unrelated to the House employee's official duties while on House work time shall not be sanctioned for that refusal.

(19) A Member shall not use campaign funds for any event that occurs inside any House office except to pay expenses related to receptions in honor of a Member's swearing-in to or retirement from the Pennsylvania House of Representatives.

Senate - Ethical Conduct Rules

PRELIMINARY PROVISIONS

1. As used in these rules, the following words and phrases shall have the meanings given to them in this rule unless the context clearly indicates otherwise:

"Campaign activity." An activity on behalf of a political party, candidate, political committee or campaign, which is intended to advance the interests of a specific party, candidate, political committee or campaign for elective office, including any of the following:

(1) Organizing a campaign meeting, campaign rally or other campaign event, including a fund-raiser where campaign contributions are solicited or received.

(2) Preparing or completing responses to candidate questionnaires that are intended solely for campaign use.

(3) Preparing a campaign finance report.

(4) Conducting background research on a candidate.

(5) Preparing or conducting a campaign poll.

(6) Preparing, circulating or filing a candidate nominating petition or papers.

(7) Participating in, preparing, reviewing or filing a legal challenge to a nominating petition.

(8) Preparing, distributing or mailing any campaign literature, campaign signs or other campaign material, including television and radio ads, website construction, e-mails, facsimiles and robocalls, on behalf of any candidate for elective office.

(9) Managing a campaign for elective office.

(10) Participating in, preparing, reviewing or filing any documents in any recount, challenge or contest of any election.

(11) Posting campaign-related information on a website, including social media websites such as Facebook and Twitter.

"Campaign contribution." A monetary or in-kind contribution made to an electoral candidate campaign.

"De minimis." An economic consequence which has an insignificant effect.

"Newsletter." A printed document more than one page in length that addresses more than one subject and is printed in quantities of 25,000 copies or more.

"Official mailing lists." Any list containing individuals, companies or vendors, including names, addresses, telephone numbers or e-mail addresses that are procured, compiled, maintained or produced with Senate funds.

"Own time." A Senate employee's time that is distinct from Senate work time and includes all leave.

"Senate employee." A person employed by the Senate, including the Chief Clerk and the Secretary of the Senate.

"Senate employee in a supervisory position." A Senate employee who has a general supervisory role within: a caucus; an individual Senator's office; or a Senate services office.

"Senate office." All Senate offices and Senate conference or meeting rooms located in the Capitol complex or any similar space contained within a district office.

"Senate resources." Senate-owned or Senate-leased equipment including telephones, computer hardware or software, copiers, scanners, fax machines, file cabinets or other office furniture, cell phones, personal digital assistants or similar electronic devices, and office supplies.

"Senate work time." Publicly paid work time consisting in the aggregate of 75 hours every two weeks for full-time employees and a lesser amount of publicly paid hours every two weeks for part-time employees.

"Senator." A person elected to serve in the Pennsylvania Senate from each of the fifty Senatorial districts.

II. PRACTICE

1. No campaign activity may be conducted by a Senate employee on Senate work time. The following shall apply:

(a) Senate employees are permitted to engage in campaign activities on their own time, as volunteers or for pay.

(b) Senate employees may work irregular hours often depending upon the time the Senate is in session. As a result, a staffer's own time can occur during what may be considered "normal" business hours.

(c) Sick leave, family and medical leave, work-related disability leave, parental leave, short-term disability leave, civil leave or military leave cannot be requested by a Senate employee to perform campaign activities.

(d) No Senate employee may be allowed any amount of Senate work time for time spent doing campaign activities.

(e) Senate employees, with the permission of their employing Senator, may reduce their Senate hours with a commensurate reduction in pay (and benefits, as required) to perform campaign activities. These arrangements must be memorialized in writing and filed with the Chief Clerk.

(f) Any Senate employee who has reduced his or her Senate hours to perform campaign activities shall keep a daily written log outlining Senate hours and related work responsibilities.

2. No campaign activity may be conducted by a Senator or a Senate employee in a Senate office or with Senate resources.

(a) De minimis campaign activities may be unavoidable for a Senator or Senate employee in the course of their official duties. Examples include the following:

(1) In responding to inquiries from the public, a Senator or a Senate employee may need to address questions that relate to a Senator's or other person's campaign for elective office or a related legislative record.

(2) Scheduling assistance and information from the Senator or a Senate employee may be requested by campaign staff to ensure that no conflict occurs among the Senator's campaign schedule, official schedule and personal schedule.

(3) Engaging in political conversation in the natural course of personal communication.

(b) Unsolicited campaign-related communication on a personally owned cell phone, personal digital assistant or similar electronic device may occur on a de minimis basis in a Senate office but may not interfere with Senate work time.

(c) A Senator's official State website shall not contain a link to his or her campaign website. A Senator's principal campaign website shall not contain a link to his or her official State website. A Senate employee who is on Senate work time and using Senate resources may post legislative materials, media advisories, news releases and announcements on social media websites such as Facebook and Twitter even if campaign-related information also exists on such a website. A Senate employee who is on his or her own time and using personal resources may post material involving or referring to campaign activity on a social media website.

3. The solicitation or receipt of campaign contributions on Senate work time or with Senate resources is prohibited.

(a) Solicitation or receipt of campaign contributions in a Senate office or with Senate resources is prohibited at any and all times.

(b) If an unsolicited contribution is sent to a Senate office through the mail or in an unidentifiable form, the employee who receives it shall turn it over to the campaign and notify the donor that campaign contributions should not be received at a Senate office within no more than seven days.

(c) No Senate employee may serve as an officer on a campaign committee or a campaign finance committee on behalf of any Senator, Senate candidate or Senate caucus.

(d) A Senate employee may help plan and may provide assistance at a campaign event on his or her own time.

4. No Senate employee may be required to perform any campaign activity or make any campaign contribution.

(a) No Senator, no Senate employee acting on the Senator's behalf and no Senate employee in a supervisory position may require a Senate employee to perform any campaign activity on Senate work time or on the employee's own time as a condition of employment.

(b) No Senator, no Senate employee acting on the Senator's behalf and no Senate employee in a supervisory position may require any Senate employee to make a campaign contribution as a condition of employment.

(c) A Senate employee who agrees or offers to participate in any campaign activity on his or her own time or who makes a campaign contribution may not do so in consideration of receiving any additional Senate compensation or employee benefit in the form of a salary adjustment, bonus, compensatory time off, continued employment or any other similar benefit.

(d) A Senate employee who declines to participate in a campaign activity or to make a campaign contribution shall not be sanctioned for that refusal.

5. No Senate-funded newsletter may be printed or distributed within 60 days of the primary or general election for any Senate member running for the office of Senate or any other elective office.

(a) This rule shall apply to newsletters printed by the Senate or by an outside vendor paid for with public funds.

(b) The Chief Clerk of the Senate may not authorize the reimbursement or payment of any moneys expended for print, distribution or postage incurred after the 60-day deadline.

(c) Senators running for the office of the Senate or any other elective office shall submit to the Secretary of the Senate a final proof copy of any newsletters no less than 90 days prior to a primary or general election.

6. Official Senate mailing lists shall be used solely for legislative purposes.

(a) Official Senate mailing lists shall not be provided to any candidate, political party, political committee, campaign or campaign committee or used for any campaign purpose.

(b) Senate computers shall not be used to create, store or maintain any mailing list that identifies the listed individuals as campaign volunteers or contributors to any candidate, political party, political committee, campaign or campaign committee.

(c) No list may be developed by a Senator or a Senate employee for the purpose of monitoring or tracking campaign activity or campaign contributions of any Senate employee.

(d) Mailing lists may be purchased at fair market value from a private source with Senate funds if the lists are used solely for legislative purposes. A mailing list that is so acquired may not be used or redirected in the same or a modified form for campaign purposes.

7. No Senate employee may be required to perform any nonwork-related task.

(a) No Senator, no Senate employee acting on the Senator's behalf and no Senate employee in a supervisory position may require a Senate employee to perform tasks unrelated to their official duties as a condition of employment.

(b) An employee who agrees or offers to perform a task unrelated to that person's official duties on his or her own time may not do so in consideration of receiving any additional State Senate compensation or employee benefit in the form of a salary adjustment, bonus, compensatory time off, continued employment or any other public benefit.

(c) An employee who refuses to perform a task unrelated to that person's official duties cannot be sanctioned for that refusal.

Puerto Rico

None found

Rhode Island

None found

South Carolina

House Rule 3.7

No employee of the House shall personally interest or concern himself with the passage or consideration of any measure whatsoever. If any employee does so, it shall be grounds for summary dismissal. While within the House Chamber during session, no one may personally, or in an official or representative capacity, concern himself with the passage or consideration of any measure whatsoever, except sitting members of the General Assembly and House staff in the usual and ordinary performance of their duties as an employee of the House. The Speaker may require immediate removal from the House Chamber of any person, who violates the provisions of this rule.

South Dakota

None found

Tennessee

None found

Texas

Senate Rule 2.03

(b) All officers and employees of the Senate are prohibited from lobbying in favor of or against any measure or proposition pending before the Senate, and should any officer or employee violate this rule, the same shall be cause for dismissal from the service of the Senate by the President.

Utah

None found

Vermont

None found

Virgin Islands

None found

Virginia

None found

Washington

Joint Rule 2

(1) A legislator shall not knowingly solicit, directly or indirectly, a political contribution from a legislative employee.

(2) A legislative employee shall not knowingly solicit or accept contributions for any candidate or political committee during working hours. At no time shall a legislative employee directly or indirectly solicit a contribution from another legislative employee for any legislative candidate, caucus political committee, or leadership political committee, nor coerce another employee into making a contribution to any candidate or political committee. No legislative employee, as a condition of becoming or remaining employed, may directly or indirectly be required to make any contribution to a political candidate, committee, or party.

House Rule 6.

Employees of the house shall perform such duties as are assigned to them by the chief clerk. Under no circumstances shall the compensation of any employee be increased for past services. No house employee shall seek to influence the passage or rejection of proposed legislation.

West Virginia

None found

Wisconsin

None found

Wyoming

None found

 

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