July 28, 2020
Clarification of Political Activities and 4-H Name and Emblem
The article below is referenced from K-State Today on January 29, 2020. Sue Peterson, Chief Government Relations Officer for Kansas State University, provided important information about legislative do's and don'ts. We are repeating the information here in case you missed it. This information also relates to election season.
Do's and Don'ts Regarding Political Activities
As activity at the Kansas Legislature increases and throughout this election year, Kansas State University employees should be aware of the do's and don'ts concerning political activity. The Office of Governmental Relations has a list of current rules regarding political activities by state employees, including campaign and election activities. Being a state employee does not prohibit participation in the political process but there are some acts that are illegal or against university policy.
It is illegal for a state employee to use his or her position to influence another state employee to perform any political act. It also is illegal for a state employee to use state property or his or her time on the job for campaign purposes. According to the state statute, failure to comply with these may be grounds for dismissal, demotion or suspension of a permanent employee for personal conduct detrimental to state service.
University policy prohibits the use of university information technology resources, including email for political communications. Employees cannot use their professional position — unless assigned as a lobbyist — to influence governmental officials. Employees should be mindful of all policies concerning political activity on state property.
K-State employees are encouraged to be informed citizens. They may be a member of a political party of their choice; actively engage in campaigning for the party and candidate on their own time and with their own resources; and contribute personally to political party or candidate.
If there is any doubt as to whether a particular act is appropriate, either avoid the act or contact the Office of Governmental Relations.
Concerning the use of the Name and Emblem of 4-H
The 4-H Name and Emblem are protected under federal statute Title 18, U.S. Code 707. This provides the 4-H Name and Emblem with the level of protection afforded other Federal marks, such as the Seal of the President of the United States. The 4-H Name and Emblem is intended to represent the ideals of the program with its focus on serving the educational needs and interests of 4-H youth.
The 4-H Name and Emblem is a highly valued mark within our country’s history. As such, it was granted a very unique and special status; it is in a category similar to the Presidential Seal and the Olympic Emblem. This federal protection makes it a mark into and of itself with protection that supercedes the limited authorities of both a trademark and a copyright. As a result, responsibility and stewardship for the 4-H Name and Emblem were not given to the U.S. Patent Office but were given to a higher level of the federal government, a member of the Cabinet, the Secretary of Agriculture. The Secretary has responsibility for the 4-H Name and Emblem, at the direct request of Congress. The “18 USC 707” is the statement in the United States Code that outlines the protection of the 4-H Name and Emblem.
The 4-H Name and Emblem may be used in conjunction with the names, emblems, and word marks of other organizations and programs when 4-H is a partner, co-author, sponsor, or supporter or in some other official relationship (i.e. KSRE). When feasible, the nature of the relationship among the organizations or programs should be clearly defined (e.g., in partnership with, sponsored by, etc.), and the 4-H Emblem should be given prominence consistent with its role in the relationship.
To avoid the appearance of endorsement of a program, product, or service, the 4-H Emblem may not be incorporated into a larger design of a program, product, or service that is protected by trademark, service mark, copyright, or other similar laws. It is not acceptable to incorporate the 4-H Emblem into any other organization’s logo or emblem. The authority for determining the proper display and use of the 4-H Emblem rests with National 4-H Headquarters.
The use and display of 4-H name and emblem must meet the following criteria:
- Is in the best interest of the 4-H program
- Can be properly controlled by the Cooperative Extension Service
- Consistent with the dignity of the 4-H program
- Follows graphic use guidelines
- Does not preclude others from similar authorization
- Does not exploit the 4-H program
- Does not imply endorsement
The following is the link to the US Code regarding fraudulant use of the 4-H Name and Emblem: https://www.law.cornell.edu/uscode/text/18/707.
Concerning 501c3 status of local 4-H Clubs/foundations
Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office.
https://www.irs.gov/charities-non-profits/charitable-organizations/the-restriction-of-political-campaign-intervention-by-section-501c3-tax-exempt-organizations