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Legislative Council adopts rule requiring staff to resign if they run for elected office
Summary
The Legislative Council voted to require legislative employees to resign when they file or accept nomination to run for any elected office, after a lengthy discussion about conflicts of interest, tribal sovereignty and impacts on small communities.
The Legislative Council on Friday adopted a revision to its code of conduct requiring legislative employees to resign their positions upon filing or accepting nomination to run for any political office.
Shauna Case, director of the Council Service, told members the working group that drafted the change recommended the resignation rule after discussing leave policies, conflict-of-interest concerns and electioneering prohibitions. “After considering all the issues, the working group ... favored a policy that a legislative staffer who wants to run for office must resign from their legislative employment to do so,” Case said.
The change, adopted by roll call, was opposed by several members who said it could discourage public service in small communities and raise questions about tribal sovereignty for employees asked to run for tribal leadership. Council members debated whether the rule should cover nonpartisan local offices such as school boards and whether supervisors should have latitude to negotiate leave for prospective candidates.
The working group highlighted limits in current leave policies as a rationale for the resignation requirement. “The leave policy that we have at the legislature is, for parental leave. And that's the only paid policy that we have. We also follow the federal Family and Medical Leave Act, which provides unpaid leave,” said Sanders Moore, a working-group member who identified himself as a chief of staff. Moore and other working-group speakers said allowing extended campaign leave would change the at-will nature of legislative employment and create staffing and budget complications for offices that would need to keep positions open while employees campaigned.
Several legislators urged more study before final adoption. Representative Patricia Roybal Caballero asked for an analysis of how the rule would interact with tribal sovereignty and tribal leadership positions. Other members raised concerns that applying the rule to small, rural jurisdictions or nonpartisan local bodies could limit recruitment of local public servants.
A motion to postpone consideration until after the legislative session failed on a roll-call vote. The council then adopted the revised section requiring resignation when an employee files or accepts nomination; the final tally on the adoption was 8 yes, 3 no. The council chair said the body could revisit the policy later if members wanted further refinements.
The code changes were framed by staff as aimed at avoiding insider advocacy and the appearance of conflicts when a legislative employee runs for office. Supporters said the bright-line rule would protect the institution and public confidence; opponents urged exemptions or clearer language for tribal, small-community and nonpartisan roles.
The council also received related reports at the meeting about capital security and staff services, but the code-of-conduct change was the principal formal action of the session.
