Executive Sessions
Election Day and Political Activities
As Election Day approaches, now is a good time to review your client’s policies, procedures, handbooks, and ordinances regarding voting and political activities. 26 O.S. §7-101 addresses the requirements regarding the time to vote by employees. It provides as follows:
Every corporation, firm, association, or individual, hereinafter referred to as "employer", who has a registered voter employed or in-service shall grant the employee two (2) hours of time in which to vote, subject to the following provisions:
Such time to vote shall be allowed on the day of the election or on a day on which in-person absentee voting is allowed by law;
If such employee is at such distance from the voting place that more than two (2) hours are required in which to attend such elections, then the employee shall be allowed a sufficient time in which to cast a ballot;
No such employee shall be entitled to such time to vote unless the employee notifies orally or in writing an employer's representative of the employee's intention to be absent at least three (3) days preceding the day of the election or the day of in-person absentee voting. Such employer may select the days and hours which such employees are to be allowed to attend such elections, and may notify each of the employees which days and hours he or she has in which to vote. This section shall not apply to an employee whose workday begins three (3) hours or more subsequent to the time of opening of the polls or ends three (3) hours or more prior to the time of closing the polls. The employer may change the work hours to allow such three (3) hours before the beginning of work or after the work hours; and
Upon proof of voting, such employee shall not be subject to any loss of compensation or other penalty for such absence.
Any employer who fails to comply with this section shall be subject to a civil penalty of not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00).
Now would be a good time to remind City Managers, Town Administrators, and supervisors of these statutory requirements and also to encourage them to make arrangements to shift work schedules so that all employees have the opportunity to vote. In the current climate, it might also be a good idea to liberally apply this statute to your workforce.
As most of you are certainly aware, Title 11 addresses political activities by municipal employees. It provides as follows:
Municipal employees may attend and express their views at city council meetings, or any other public meetings of municipal entities.
Any municipal employee may actively participate in partisan and nonpartisan political activities. Provided, the political activity in which the employee participates shall be exercised only during off-duty hours and while not in uniform. Any federal statutes restricting the political activities of certain municipal employees shall supersede the provisions of this section as to such employees. Municipal corporations may establish employment requirements requiring municipal employees to refrain from filing as a candidate for public office while employed by said municipality.
Obviously, your City’s charter may have requirements that differ from these provisions. As Election Day approaches, you may want to educate your elected and appointed officials of these provisions and remind them about the importance of enforcing these provisions in an even-handed, non-partisan way.
Social Media Policy
Does your city or town have a presence on social media? If so, 74 O.S. §840-8.1 requires you to have a social media policy. Specifically, it requires all political subdivisions to adopt a social networking and social media policy that applies to the use of social media by its employees. The stated purpose appears to be to discourage abusive or offensive online behavior. See 74 O.S. §840-8.1(A). It applies to employees who use social media or social networking networks for work purposes. See 74 O.S. §840-8.1(B).
The statute discourages the sharing of content or comments by city or town employees containing:
Obscene sexual content or links to obscene sexual content;
Abusive behavior and bullying language or tone;
Conduct or encouragement of illegal activity; and
Disclosure of information that an agency and its employees are required to keep confidential by law, regulation, or internal policy. See 74 O.S. §840-8.1(C).
Importantly, Social media and social networking policies must be distributed to each affected employee by email. See 74 O.S. §840-8.1(D). Fortunately, cities and towns may not be held liable if a loss or claim results from any discretionary actions taken pursuant to the provisions of this statute. See 74 O.S. §840-8.1(E).
Every year, the Oklahoma Legislature attempts to pass bills that affect cities and towns. Sometimes it is difficult to keep up with all of those changes. This law became effective as of November 1, 2019. It is an important reminder to contact your clients, City or Town Administrators, or City or Town Human Resource personnel to see if they have a social media presence and if so, to ensure that there is a social media policy in place. Templates can be found on the websites of OMAG, the City of Oklahoma City, the City of Lawton, and the State of Oklahoma Office of Management and Enterprise Services.