Wednesday, February 13, 2008

County considering employee candidacy policy

County staff could lose their jobs if they run for office


By JASON KAUFFMAN
Express Staff Writer

Blaine County employees may soon have to choose between keeping their jobs or pursuing political office if county commissioners approve a new county employee policy regarding political activity.

The Blaine County Commission will consider a revised draft of the proposed employee political activity policy at their regularly scheduled meeting on Tuesday, Feb. 19, confirmed county administrator Mike McNees.

The language Blaine County is considering for its employee policy manual was first proposed by the Idaho Counties Risk Management Program, an insurance program that is the primary source of property and casualty loss protection for local Idaho governments.

Under the proposed policy, a Blaine County employee could be asked to resign or face possible termination if that employee initiates a candidacy against an incumbent elected official for whom they are a subordinate and there is considered to be a reasonable prediction of disruption in that official's office.

In a memo sent to Idaho counties last December and obtained from the insurance program's Web site, Rick Ferguson, the executive director of the Idaho Counties Risk Management Program, explains what steps counties should take if they want to consider the policy.

Ferguson writes that Idaho counties that wish to pursue the policy should do so as soon as possible to avoid a possible conflict with the upcoming political season.

"Ideally ... before the candidate filing period opens in 2008," he states.

The Idaho Secretary of State requires potential candidates for local government office to file between the dates of March 10 and March 21.

In his memo to Idaho's 44 counties, Ferguson says that in previous election years, campaigns by employees against the elected official they work for have prompted disruption, employee terminations or both.

"Additionally, employees who were unsuccessful in the election have returned to work angry and disgruntled, only to claim retaliation by the incumbent elected official when discipline is imposed," he writes.

Ferguson goes on to say that county employees enjoy the same civic rights to become candidates for public office as others.

"Dealing with this issue requires balancing the reasonable expectations of the employer to avoid a turbulent workplace with the political interests of candidates for public office who are current employees," he writes.

Several weeks ago, the Blaine County Commission asked county administrator Mike McNees to make several changes to the draft policy forwarded to them by Ferguson.

While the policy states that county employees have the civic responsibility to support good government and may become politically active, they cannot engage in such political activity while on duty.

The commissioners asked that a line stating that no county employee shall "solicit, or act as a custodian of, funds for political or partisan purposes" be lengthened to include the phrase "while on duty."

The other change asked for in the draft policy by the commissioners was the deletion from the original draft copy of a line stating that no county employee shall "hold political office except political party office."

The commissioners apparently asked for no changes in a section of the draft policy that details what factors a "reasonable prediction of disruption" must be based upon for an employee to be asked to resign or terminated.

In his memo to Idaho counties, Ferguson states that consulting with legal counsel prior to approving such a policy is essential.

"Elected officials do not have to endure months of internal turmoil because of political campaigning, but only if county policy provides a sound road map that an individual official follows diligently," he writes.

On Monday, Dan Chadwick, Executive Director of the Idaho Association of Counties, said his organization has not told county officials to proceed one way or another on the policy.

"It's not necessarily recommended or encouraged," Chadwick said. "We leave it to the various counties."

He said he was unaware of how many Idaho counties are actually considering the draft policy.

Chadwick echoed Ferguson's recommendation that counties considering approving the policy do so before Idaho's candidate filing deadline.

"It's better to think about it before the election instead of during or after the election," he said.

Chadwick said the issue of employees conflicting with their superiors due to campaigning is one that comes up every election cycle.




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