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51 Montana Attorney General Reports and Opinions 1 (2005)

handle is hein.sag/sagmt0002 and id is 1 raw text is: VOLUME NO. 51 PUBLIC EMPLOYEES - Right to exercise political speech; PUBLIC OFFICERS - Right to exercise political speech; STATUTORY CONSTRUCTION - Construing plain meaning of words of statute; MONTANA CODE ANNOTATED - Section 2-2-121, (3), (a), (b), (c). HELD: A public officer or public employee may engage in political speech so long as his or her speech does not involve the use of public time, facilities, equipment, supplies, personnel, or funds. January 31, 2005 Mr. Mathew J. Johnson Jefferson County Attorney P.O. Box H Boulder, MT 59632 Dear Mr. Johnson: You have requested my opinion on a number of questions concerning public officers and political speech. I have rephrased your questions as follows: Does Mont. Code Ann. § 2-2-121 limit a public officer's or employee's right to support or oppose a political candidate or passage of a ballot issue? Mont. Code Ann. § 2-2-121 sets forth the rules of conduct for public officers and employees. Subsection (3) includes a prohibition against the use of public time and resources for political speech, as well as a provision protecting a public officer or employee's freedom to express personal political beliefs. It provides: (3)(a) A public officer or public employee may not use public time, facilities, equipment, supplies, personnel, or funds to solicit support for or opposition to any political committee, the nomination or election of any person to public office, or the passage of a ballot issue unless the use is: (i) authorized by law; or OPINION NO. 1

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