[Code of Federal Regulations]
[Title 39, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 39CFR447.52]

[Page 169-170]
 
                        TITLE 39--POSTAL SERVICE
 
                 CHAPTER I--UNITED STATES POSTAL SERVICE
 
PART 447--RULES OF CONDUCT FOR POSTAL EMPLOYEES--Table of Contents
 
              Subpart E--Participation in Community Affairs
 
Sec. 447.52  Holding of State or local office by Postal Service employees.

    (a) An employee may seek, accept, or hold a nonpartisan State or 
local office subject to the provisions of this Code and in particular 
this section. A ``nonpartisan'' office is one filled by a ``nonpartisan 
election'', which is an election at which none of the candidates are to 
be nominated or elected as representing a political party any of whose 
candidates for presidential elector received votes in the last preceding 
election at which presidential electors were selected.
    (b) An employee who wishes to seek, accept, or hold a nonpartisan 
State or local office is responsible for ascertaining:
    (1) Whether the office is ``nonpartisan'' within the definition in 
Sec. 447.62(a).
    (2) Whether State or local law permits a Postal Service employee to 
seek, accept, or hold the particular office.
    (3) Whether the duties of the office would result in a conflict with 
his Postal Service employment.
    (4) Whether the discharge of the duties of the office would 
interfere with the performance by the particular employee of his Postal 
Service duties in an acceptable manner or would interfere with the 
performance by other Postal Service employees of their respective duties 
in an acceptable manner.
    (c) An employee is encouraged to seek advice from his Associate 
Ethical Conduct Counselor prior to taking any action to seek, accept, or 
hold a State or local office. If, after the employee has entered upon 
the discharge of the duties of this non-postal office, his non-postal 
duties interfere with the

[[Page 170]]

proper discharge of postal duties, either by him or by other postal 
employees, the employee holding the non-postal office shall be advised 
by his superior to eliminate the interference, either by resignation 
from the non-postal office, or in such other manner as is appropriate 
under the circumstances. If the employee fails, refuses, or neglects to 
comply with the foregoing advice and the interference continues, he will 
be subject to disciplinary proceedings.
    (d) Employees, other than postmasters or acting postmasters in a 
salary level of EAS-25 or higher, may be granted permission to campaign 
for a full-time State or local nonpartisan office while on annual leave 
or on authorized leave without pay during the campaign when:
    (1) The criteria in paragraphs (b) (1) and (2) of this section are 
met, and
    (2) The Vice President, Area Operations, determines that the 
employee's postal responsibilities are being conducted in a satisfactory 
manner and that the absence of the employee during the campaign period 
will not disrupt the operation of the facility where he or she is 
employed.

    Note: Requests shall be submitted through the postmaster or other 
installation head to the Vice President, Area Operations. If the 
employee is elected to and takes such a full-time office, he or she may 
either be separated from the Postal Service or granted leave without 
pay.

    (e) A postmaster or acting postmaster in salary level EAS-25 or 
higher shall not be authorized to take annual leave or leave without pay 
for the purpose of campaigning for a full-time State or local 
nonpartisan office.

[39 FR 1990, Jan. 16, 1974, as amended at 48 FR 48231, Oct. 18, 1983. 
Redesignated and amended at 60 FR 47245, Sept. 11, 1995]