Policy committee advances draft limiting staff campaign activity, citing state law on public funds

The Wake County Public School System Policy Committee voted to place a revised policy on employee political campaign activities (policy 77.20) on the committee's Oct. 7 action agenda, following extended discussion about how to balance the district's legal obligations with staff free-speech rights.

The draft policy tracks model language from the North Carolina School Boards Association and is written, counsel said, to implement a state statutory restriction that bars expenditure of public funds in support of or opposition to a referendum or a particular candidate. Committee legal counsel Mr. Ramey told members, "the main intent of the policy is to implement a state statutory requirement that prohibits expenditure of public funds, in support or opposition to a referendum election or particular candidate for elective office." He said the statutory prohibition can extend to public resources such as staff time, district email and other district systems.

Why it matters: Board members said the policy affects how staff may engage with ballot campaigns that directly touch schools, such as bond referendums, and could limit staff use of school resources. Several members asked for narrower language to avoid chilling ordinary classroom discussion or personal civic activity by employees outside work hours.

Key points debated

- Scope: The draft distinguishes three principal limits: (1) prohibition on using public funds or resources to advocate for or against a referendum or candidate; (2) a restriction on staff purporting to speak for the district without authorization; and (3) limits on presenting personal political views to students "in the classroom or when otherwise engaged in the instruction of students." Mr. Ramey said the third restriction is not required by statute but is intended to protect students from partisan advocacy by staff during instructional time.

- Examples: Board members pressed for clarity about everyday situations'wearing a colored T-shirt, announcing a bond endorsement over a stadium PA, passing out pamphlets near early-voting locations, and voter-registration drives in schools. Counsel and staff said wearing a single-color shirt alone is not necessarily political speech; wording or logos that endorse a candidate or referendum could be. They said district-run voter-registration activities are typically limited to vetted, nonpartisan organizations and materials.

- Enforcement and practicality: Members asked how the policy would treat emails drafted off-hours and posted during work time, coaches or principals speaking at events while appearing as district officials, and staff who work polls on election day. Counsel recommended a narrow, statute-focused wording to reduce legal risk and emphasized that employees retain personal First Amendment rights when acting off duty and not representing the district.

Motion and next steps

Committee member Mr. Hershey moved to place the revised policy on the Oct. 7 action agenda with staff edits to narrow the last paragraph to track the state statute and to clarify the district's position; the motion was seconded by Chair Haggerty and approved by the committee. The committee asked staff to return with the narrower wording and suggested guidance for administrators and human resources on how to distinguish official capacity from private speech.

What the policy would not change

Staff and counsel said the policy would not prevent community partners or outside groups (for example, PTAs, business groups or nonprofit partners) from advocating on ballot measures. It also would not bar employees from advocating on their own time, using their own resources.

Implementation risks and legal context

Counsel warned the committee about First Amendment and line-drawing questions in employee-speech cases and recommended limiting the policy to implement statutory restrictions on use of public funds/resources. Committee members asked staff for accompanying administrative guidance to reduce the risk of inadvertent violations and protect staff from "trap" situations.

Provenance: The committee discussion of policy 77.20 runs from the committee packet presentation at the 77.20 agenda item through the motion to place it on the Oct. 7 action agenda. Excerpts in the committee transcript include: "77 20 employee political campaign activities" (topic introduction) and the final motion and vote: "All in favor, please say aye."