The Board of Regents and University have distinct policies regarding interaction with the Kansas Legislature, agencies of the State of Kansas, and members of the Kansas Federal Delegation.

Kansas Legislature

If contacted and asked to provide information to legislators; provide testimony to legislative committees; want to invite a legislator(s) to attend a meeting; want to request the Legislature for funds, programs, changes in legislation or new legislation affecting your program, the Board of Regents and/or Regents institutions, please contact our office at 532-6227 or e-mail at kstategr@k-state.edu.

The Kansas Board of Regents policy states:

"Faculty and administrators are encouraged to provide expert testimony on proposed legislation which may, or may not, affect the Regents and higher education. Faculty and administrators should make every effort to accommodate such requests, and shall notify the institution’s Chief Executive Officer, who, in turn, will notify the President and Chief Executive Officer of the Board."

Our office has been designated by President Linton to notify the Board of Regents on his behalf. It is important to state this is NOT a prohibition from any employee of the University to visit with a Legislator in the normal course of daily life.

State Agencies

Requests by other state agencies or branches of government are expected to be transmitted to me. If the information is a University specific request, these items may be handled by the University with a copy to the institution's CEO for transmittal to the Board office.

K-State Overview of Federal Lobbying and Ethics Rules and Regulations

Congress passed the Honest Leadership and Open Government Act (HLOGA) in September 2007. The goal of this law is to shed more light on the role of lobbyists in influencing federal legislation.

This federal law and Congressional Ethics Rules set by the House and Senate impose requirements on private organizations, lobbyists, and lobbyist employers. Detailed reporting by the Kansas State Office of Government Relations lobbying efforts and expenditures, is required. It is essential that members of the university community understand and advise the Office of Government Relations if their activities with the Federal government should be taken into account when the university files its required reports. Additionally, the reports require Kansas State University to certify that affected members of its community are familiar with and understand these rules.

How do these standards apply to your federal government–related activities?

The university is required to report in detail about federal lobbying activities. If you are contacting any of the following covered officials on behalf of Kansas State University, then your contact may be reportable as a lobbying contact by Kansas State:

• Any member of Congress or their staffs
• Political appointees in federal agencies (Schedule C employees and above)
• Members of the uniformed service at Pay Grade 0-7 and above (Brigadier General or Rear Admiral and above)

Kansas State is therefore requiring any member of the community, before making a lobbying contact on behalf of Kansas State, to notify and receive approval from the Office of Government Relations.

These regulations relate to lobbying contacts (in person, phone call, email, text, etc.) with any covered officials, and the cost of that contact (travel, preparation time, printing, etc.) must be reported as a lobbying expenditure.

Many contacts with executive branch agencies will not trigger the reporting requirements because only contacts with political appointees (Schedule C employees) need to be reported. (For example, a Kansas State researcher dealing with a career agency grant official on the details of a grant to the university would not be reportable. If the researcher lobbies Congress for the earmarked grant that would be reportable.)

You must submit a completed Federal Lobbying Contact and Expense Reporting Form after each contact. Information on this form will be used to complete the University’s quarterly Federal Lobbying report obligation.

The Kansas State University Federal Official Contact Procedure and the law and regulations do not impact your ability to lobby Members of Congress on matters of personal or professional association interest. Kansas State is not required to report information on contacts that you make on behalf of your professional associations if you are clear that you are not representing the interests of Kansas State University. (For example, you travel to Washington, D.C., to participate in your professional association’s “Capitol Hill Day” advocacy program. You speak to your Representative and Senators about the organization’s federal agenda for that year. As this visit is not conducted on behalf of Kansas State, your participation in this advocacy does not require reporting or approval from the University.)

If you have any questions regarding whether this legislation applies to your activities or whether you are acting in a personal or official capacity, please contact kstategr@k-state.edu or 785-532-6227.

Honest Leadership and Open Government Act (HLOGA) Compliance Tips

1. Do I intend to lobby congressional or federal agency officials? If yes, proceed to #2. If no, the HLOGA does not apply—state and local officials are not covered by this legislation.
2. Is my visit to discuss a personal or professional association issue unrelated to Kansas State University? If yes, there are no HLOGA ramifications, as long as you make it clear that you are not contacting them on behalf of Kansas State University. Enjoy your visit! If no (the visit is as an agent for Kansas State), proceed to #3.
3. Have I received approval to lobby/represent Kansas State’s interests on this matter? Am I complying with the Kansas State procedure for federal contacts and reporting my practices? If yes, enjoy the trip! If no, please contact kstategr@k-state.edu or 785-532-6227.

Summary of HLOGA and Ethics Rule Changes

The HLOGA and Ethics Rules require lobbyists to follow certain regulations and, where appropriate, to disclose and certify compliance with those provisions. The legislation:

Lobbying Disclosure Act Registration and Reporting: As a lobbyist employer, the university must file quarterly lobbying disclosure reports identifying their lobbyists and detailing issues lobbied and congressional and executive branch agencies contacted. This requirement includes more detailed reporting on coalitions and associations in which Kansas State may be a participant. The definition of a lobbying contact is essentially any written, oral or electronic request to a covered official to take or not take some action. It is important to understand that your contact, and all related expenses, will need to be reported even though you may not meet the threshold for being listed as a lobbyist for Kansas State. Any individual representing the interests of Kansas State University to Members of Congress, congressional staff, military personnel about 0-7 pay grade, and political appointees in the executive branch (Schedule C employees) will need to comply with the Kansas State University Federal Official Contact Procedure and the required reporting under HLOGA and ethics rules.

Semiannual Disclosure: Lobbyists and lobbyist employers file semiannual reports detailing their political contributions made to, or for the benefit of, covered legislative and executive branch officials. The reports must also include certifications of compliance with the House and Senate gift rules. If you are not a lobbyist, you do not have to file a report. Unless you work in government relations, even if you make a lobbying contact on behalf of Kansas State, you are not likely to be considered a lobbyist (since you will not meet the threshold) and thus will not be required to file this report yourself. As a registered lobbying organization, Kansas State will have to report on your lobbying contact.

Gifts, Events, and Travel Reform: HLOGA governs gift-giving, event attendance, and travel by Members of Congress, officers, and employees. As a general rule, under the law a Member, officer, or employee may not knowingly accept a gift from a registered lobbyist or a private entity that retains or employs a registered lobbyist. Some exemptions may apply. Please contact the Government Relations Office at 785-532-6227 before making any gift or donation to any covered officials.

Travel Restrictions: The legislation imposes restrictions for privately sponsored travel. The law also prohibits lobbyists from planning, organizing, arranging, or requesting travel or accompanying House Members or staff on a trip unless the trip is sponsored by the university. House Members are prohibited from accepting air trips on private aircraft. Senate Members and employees may fly on a private jet if they pay a pro rata share of the charter fee.

Stricter Penalties: The legislation imposes stricter penalties on organizations and individuals that fail to comply with these laws and regulations. The civil penalties are $200,000, and criminal penalties of up to five years.

Congressional Process Changes: Under the law, there are additional disclosure requirements for organizations seeking congressional earmarks through the appropriations process.

This is a list of current rules regarding political activities, including campaign and election activities, pertaining to Kansas State University. Participants in political activities should be mindful that all other University policies remain in effect in political activity situations, including, for example:

• Traffic and Parking Regulations

• Weapons Policies

• Computer Use Policies

• The Workplace Violence Policy, as well as

• Applicable Federal, State and Local Laws and Regulations
  
  

Kansas Department of Administration guidelines

On July 23, 2021 Secretary of Administration DeAngela Burns-Wallace sent a memorandum to all State employees outlining issues that State employees need to keep in mind while participating in political activities of their choosing. See the memo here.

State Law

• K.S.A. 25-2430 - prohibits electioneering within a radius of 250 feet from any polling place or entrance thereof.

The above rule applies to everyone.

• K.S.A. 75-2953 - prohibits state employees from using their authority or influence to compel any other state employee to apply for membership in or become a member of any organization, or pay or promise to pay any assessment, subscription or contribution, or to take part in any political activity. Any person who violates any provisions of this section shall be guilty of a class C misdemeanor, and, upon conviction, shall be punished accordingly. If any officer or employee in the classified service is found guilty of violating any provision of this section, such officer or employee shall be automatically separated from the service.

The above rule applies to all of our employees.

• K.S.A. 25-4169a - prohibits government employees from using public funds, vehicles, machinery, equipment or supplies of the agency, or governmental work time, to expressly advocate for the nomination, election or defeat of a clearly identified candidate to state or local office. This rule does not apply to an incumbent officer campaigning for nomination or reelection to a succeeding term to such office or to members of the personal staff of any elected officer.

The above rule applies to all of our employees.

Board of Regents Policies

POLITICAL ACTIVITY:

a. Faculty, administrators and other unclassified employees, including University Support Staff, may accept any public or political party appointed or elected position that does not create any conflict of interest with, and does not require substantial time away from, assigned duties or in other respects infringe upon those duties.

b. The filing of a declaration of intent to become a candidate shall not affect the status or appointment of an unclassified employee, including University Support Staff. However, the employee shall continue to properly and fully perform all of his or her assigned duties or take appropriate leave if available. Should the employee, while he or she is a candidate for office and not on approved leave, fail to perform all of his or her assigned duties, such employee shall be subject to appropriate disciplinary action.

c. Leave without salary or other benefits shall be granted to those elected or appointed to public office requiring full time or lengthy sustained periods away from assigned duties, such as Congress, the Kansas Legislature, and state and county offices or appointments to office falling within this category. For persons elected or appointed to Congress or the Kansas Legislature, this provision shall be effective from the date such person takes the Oath of Office or the first day of the Legislative session and continuing until the adjournment of Congress or to a date no sooner than the last adjournment in April or sine die adjournment, whichever occurs first, of each regular and special session of the Kansas Legislature; as to other state and county offices requiring full time or lengthy sustained periods away from assigned duties, this provision shall be effective during the entire time a person serves as such officer. Leave without salary or other benefits shall not be required for any person serving in the Kansas Legislature or for service on any committee during a period when the Legislature is not in regular or special session, provided that such person shall decline to accept all legislative compensation for such service, but such person shall be entitled to mileage and other expense allowances as provided by statute and paid by the Legislature. K.S.A. 2011 Supp. 74-4925(5) provides that any member of the Kansas Legislature who is on leave of absence from the Board of Regents or an educational institution under its management may elect to remain eligible for participation in the Board of Regents’ retirement plan while on such leave.

d. In the interest of the fullest participation in public affairs, personnel are free to express opinions speaking or writing as an individual in their personal capacity and not as a representative of the institution in signed advertisements, pamphlets and related material in support of or opposition to parties and causes. There shall be the commensurate responsibility of making plain that each person so doing is acting for himself or herself and not on behalf of an institution supported by tax funds drawn from citizens of varying political and economic views. This responsibility includes avoiding the use of university letterhead and stationery and other official university designations. Employees testifying before the Legislature on behalf of outside entities shall notify their institution’s designated representative prior to such testimony.

The above rules apply to our employees.

USE OF CAMPUS FACILITIES:

a. State university facilities and grounds shall not be made available for fund raising events for any candidate, party committee or political committee, or for filming or otherwise producing partisan political advertisements.

b. Except as prohibited in subsection a., state university facilities may be made available for the purpose of holding political meetings, or public forums, provided there is no interference with regularly scheduled functions, the person requesting the space can clearly demonstrate that there is not otherwise available a reasonably suitable facility in the community, students are permitted to hear the speakers without charge, and payment of the regular fees for use of the facilities is made in advance of such use.

c. Other than the Governor, elected officials and candidates for elected office shall not be introduced or recognized on campus unless they are in attendance at a campus event in an official capacity and at the request of the university.

d. The distribution of handbills shall be prohibited in those areas devoted primarily to instruction and study or at the immediate sites and times of enclosed public events.

e. State universities shall have the authority to develop additional policies and guidelines that are not in conflict with this policy. Such policies and guidelines shall be reviewed by the Governance Committee and filed with the President and Chief Executive Officer of the Board.

f. For purposes of this policy, the terms “candidate,” “party committee,” and “political committee” shall have the meanings specified in K.S.A. 25-4143, as amended.

The above facilities use rules apply to everyone.

University Policies

(In addition to those stated above) – found in the Student Life section in the Policies and Procedures Manual (PPM)

• Division of Facilities

See also: Use of KSU Buildings and Grounds

Division of Facilities policies concern numerous issues, including but not limited to:

• scheduling space

• displaying signs

• obtaining fund-raising permits

• using amplified sound

• serving food

• controlling animals
  
  

• Event Policy - Regulates on-campus events coordinated by registered student organizations.
  
  

• Sales, Solicitation and Advertising Policy - Regulates commercial activity and advertising on campus.
  
  

• Political Activities Guidelines:

Campus Facilities

Reiterates Board of Regents policies, and adds that use of facilities on campus is subject to the approval of the Associate Vice President for the Division of Facilities.

Residence Halls

Prohibits door-to-door campaigning.

Prohibits campaign materials in common areas of residence halls or dining center areas except in a resident's room with the permission of roommate(s).

Requires that all candidates be allowed opportunity for equal time and publicity when speaking, if any candidate is allowed to speak.

Requires that to speak to the ARH/HGB of the residence hall, a candidate must contact the President and arrange a speaking time in advance, and that before speaking with hall residents in any public area of the hall (other than at an HGB meeting), a candidate must receive prior permission from the floor president of the floor on which he/she wishes to speak.

Prohibits campaigning (whether verbal, oral, or written in the form of posters, flyers, letters, etc.) by a candidate and/or his/her representative(s) in the dining center areas. The only exception shall be items of personal clothing and buttons worn by an individual.

Requires prior approval by the appropriate dining center unit head dietitian or his/her designated representative and the KSUARH advisor for use of the dining center areas for political forums or debates sponsored by the hall's HGB or by ARH.

Prohibits solicitation of funds for political organizations or candidates within the residence halls or dining center.

Jardine Apartment Complex

Provides that distribution of political information and/or posters will be allowed only in areas designated by the Residents’ Council and Jardine Apartments Coordinator.

Requires sponsorship and arrangements for appearance before any political organizations or candidates will be allowed to hold meetings or rallies.

K-State Student Union

A. The K-State Student Union has its own regulations for posting and maintaining its own posting areas.

B. The only political literature that can be distributed is from behind a table sponsored by a registered student organization.

C. The usage of any meeting rooms by any political party will follow guidelines as outlined in Section 1-B for campus facilities.

Literature Distribution on Campus

A. Registered student organizations may distribute literature on campus or in any campus building (with approval of the authority of the building), providing such distribution does not reasonably interfere with the movement of traffic, classes, or other scheduled activities.

B. A non-registered group or individual may distribute literature only in the area between Seaton Hall and the K-State Student Union, in the quadrangle north of Hale Library, or in the quadrangle east of Calvin Hall.

C. Placing notices in or on parked cars in campus parking lots is prohibited.

Posting on Campus

Non-registered student organizations or individuals are not permitted to post notices on campus. Registered organizations may post according to the KSU Publicity Regulations (available in the Office of Student Activities and Services).

See also: Publicity Regulations

E-mail

University information technology resources, including e-mail, may not be used to support partisan political candidates or party fundraising.

Major Candidate Visits

Campus visits by major candidates must be coordinated through the Director of Governmental Relations to insure that proper and adequate arrangements have been made to accommodate security, press, crowd, etc.

• Publicity Regulations : Concern on-campus advertising and other publicity, including but not limited to:

• hanging of banners

• sidewalk marking, and

• distribution of general literature

Please note: Political advertisements may not imply endorsement by Kansas State University. Therefore, K-State's landmarks, buildings, grounds, mascot and/or logos may not be used in any political advertisement. In keeping with the Regents policy on political use of campus facilities, photographs and videos which use K-State's name, buildings, landmarks or other indicia shall not be used in advertising which promotes candidates or parties.