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'y CHRISTOPHER J. I. lJ EN HILO LAGOON CENTRE,SUITE 108 101 AUPUNI STREET HILO,HAWAII 96720 ATTORNEY AT LAW TEL.(808)935-4429 November 27, 1989 Hawaii County Charter Commission 101 Aupuni Street Hilo Lagoon Centre, Suite 235 Hilo, Hawaii 96720 Re: Political Activities of Police Officers Dear Charter Commission Members: I was asked to describe the limits which could be placed on the political activities of police officers. In brief, the County Charter could create any limits which do not contradict the political rights established by H.R.S. §76-91. Permissible limitations would include a prohibition against police officers running for or holding elective office and prohibitions against political activities while in uniform or during work hours. State law (H.R.S. §76-91) gives all civil servants, including police officers, the right to engage in most other kinds of political activities. The remainder of this letter gives the legal background for the brief answer contained in the preceding paragraph. Two points to keep in mind: (1) I will be describing the legal parameters. The wisdom of imposing such limits is the Charter Commission's decision. (2) , While I will be referring primarily to police officers, the legal issues are the same for all civil servants. It is established as a 'matter of federal constitutional law that the government may prohibit employees from soliciting or receiving campaign contributions, belonging to party committees, becoming candidates for partisan office, or taking part in political campaigns in any way. The United States Supreme Court has decided several times, most recently in 1973, that substantial limitations may be placed on the political activities of government employees, including off-duty activities, without violating the U.S. Constitution. The government's interest in having a work force that is untainted by partisan politics outweighs the employee's normal rights under the First Amendment. United Public Workers v. Mitchell, 330 U.S. 75 (1947) ; State of Oklahoma v. United States Civil Service, 330 U.S. 127 (1947) ; United States Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548 (1973) ; Broadrick v. Oklahoma, 413 U.S. 601 (1973) . 695 EXHIBIT C (4 pages)