Lobbying and political activities

The purpose of this lobbying and political activities policy is to comply with federal laws regarding lobbying activities, as well as IRS regulations which prohibit participation in political activities and to protect Lynn University from imposition of excise tax, penalties, or revocation of tax exempt status.

Lynn University supports open dialogue on political issues. Lynn University reserves the right to support or oppose issues that affect its values, welfare, the university itself, and/or values and welfare of higher education. Lynn University encourages its faculty, staff, trustees, students, and recognized campus organizations to participate actively in political activities on an individual basis. The policies of Lynn University do not restrict the rights and privileges of faculty, staff, trustees, students, and recognized campus organizations to express their opinions freely. Lynn University is committed to preserving and encouraging a diversity of point of view and political opinion.

Lynn University is a tax-exempt institution, qualified by the Internal Revenue Service as a 501(c)(3) corporation. It is essential that the university protect its tax-exempt status, as it exempts the university from the payment of real property and sales taxes and it qualifies contributions from alumni and friends as charitable deductions. As a tax-exempt institution, political activities on any Lynn University campus or facility must be conducted in a neutral and nonpartisan manner, and in furtherance of the university's legitimate exempt function (education). Accordingly, the university as an entity and members of the university community individually are not permitted to use university resources in the pursuit of political objectives and political activities.

In addition, federal laws places limitations on lobbying activity and other engagement with candidates, elected officials, and associated staff by employees of the university. Because of these limits and reporting requirements for lobbying, all university staff and faculty are prohibited from engaging in lobbying activities on behalf of the university unless specific and prior authorization has been granted by the Office of General Counsel.

Covered federal official—includes covered legislative branch officials and covered executive branch officials.

A covered legislative branch official is defined as any of the following:

• members of Congress;
• an elected officer of either House of Congress;
• an employee of a member of Congress, a committee of either House of Congress, the leadership staff of either House of Congress, joining committee of Congress, and a working group or caucus organized to provide legislative services or other assistance to members of Congress;
• all officers of the House and Senate (Clerk of the House, Secretary of the Senate, etc.), and other highly compensated employees ($114,200 and above for 2008). Please check with us if uncertain about eligibility; and
• those designated in section 109(13) of the Ethics in Government Act as an "officer or employee of Congress".

A covered executive branch official is defined as any of the following:

• the President;
• the Vice President;
• any officer or employee in the Executive Office of the President
• generally the top three levels in an agency (agency Heads, Deputies, Assistant Secretaries, Assistant Administrators) but there are exceptions;
• any officer or employee serving in a position in Level I-V of the executive schedule;
• all Generals and Admirals;
• any member of the uniformed armed services whose pay grade is at or above 0-7;
• "Schedule C" employees (positions in which the incumbent serves at the pleasure of the agency head, such as an Undersecretary or Director); and
• political appointees regardless of title.

Lobbying activities—are lobbying contacts and efforts in support of such contracts, including preparation and planning activities, research and other background work that is intended, at the time it is performed, for use in contacts, and coordination with the lobbying activities of others.

Lobbying contacts—include letters, phone calls, emails, and face-to-face meetings made on behalf of the university with covered executive branch and legislative branch officials intended to influence a covered official on appropriations; specific legislation; legislative proposals, rules, regulations; executive orders; programs, policies, or positions of the U.S. government; administration or execution of federal programs or policies (including federal contracts and grants); and nomination or confirmation of a person for a position subject to confirmation by the U.S. Senate. Lobbying contacts do not include contacts made as part of a professional association.

Political activity/political activities—activity, including oral or written statements and financial support, that is directed toward the success or failure of a political party, candidate for election in a partisan political campaign for public office, a partisan political group or ballot initiative.

Political campaign—a race between candidates for elective office, or other organized effort towards a particular election result, including for ballot initiatives.

Endorse—public statements of opinion and/or contributions, monetary, in-kind, or otherwise, to political campaigns.

To preserve the integrity of Lynn University and to protect the neutrality of the university in political contests, the following guidelines shall apply.

Lynn University political activity policy

1. In order to preserve not for profit (IRS Section 501(c)(3)) status, the law requires that Lynn University not participate in or intervene in any political campaign on behalf of (or in opposition to) any candidate for public office.
2. Lynn University shall not endorse any candidate for political office.
3. All address lists used by the university are considered confidential and shall not be shared with candidates or parties.
4. Campus organizations may use campus communications to announce political forums and discussions sponsored by officially constituted campus groups.
5. No campus political activities, including services and materials, may be paid for with Lynn University funds.
6. Use of Lynn University properties is subject to the university’s policy regarding facility use by candidates for political office (see below).
7. Funds or contributions for political candidates or campaigns may not under any circumstances be solicited in the name of Lynn University or on any university facility, and Lynn University resources may not be used in soliciting such funds. If Lynn University students, faculty, or staff make political contributions, they must do so as individuals and not on behalf of the university.
8. Lynn University communications systems, including any postal service, phone system, or computer network, shall not be used in support of one particular candidate.
9. Lynn University students are free to express their individual and collective political views provided they understand and make clear they are not speaking for or in the name of Lynn University. Endorsement of a particular candidate by a registered student group is not permissible.
10. Lynn University’s name, logo, and insignia may not appear on stationery or any other material used or intended for support of a particular candidate. This prohibition also applies to any Lynn University entities supported in whole or part by Lynn University funds, such as registered student organizations.

Policy regarding facility use by candidates for political office.¹

In service to its local community, its students and its employees, Lynn University may offer declared candidates for local, regional, state and national office the opportunity to utilize its facilities during a campaign to engage and educate supporters, opponents and undecided voters, including the campus community. However, such events must conform to the requirements stated below.

1. The appearance of a candidate for public office on the Lynn University campus must be for an educational or informational talk to the university community and must be sponsored by a registered student, faculty, or staff organization. Appearances must be coordinated with Lynn University, who will ensure that opportunities to appear on campus are extended to all viable candidates running for a particular public office. The moderator shall make it clear that the institution does not support or oppose the candidate appearing.
2. All events held on the Lynn University campus featuring candidates for public office shall be open to the general university community. An "open" event is defined as one for which no fewer than one-half the available seats or spaces are available to the general university community based on a non-biased distribution of tickets (such as first-come, first-served).
3. The university shall consider all requests for facility use by campaigns to be rental requests. Though the university may waive all regular rental fees for approved campaign appearances, a candidate/campaign will be responsible for any costs related to their proposed events (including staging, security, catering, etc.). "Approved campaign appearances" will be those that are classified as open meetings.
4. Lynn University buildings and grounds shall not be rented or used for political fund raising. For example, a meeting on campus with an organizer for a specific candidate that is focused on recruiting campaign workers from the student population would be a violation of these guidelines. On the other hand, a Lynn University graduate now working for a particular candidate speaking on campus to a group of students about what it has been like to be in the political arena, and what the candidate’s particular experience has been, would be allowable.
5. Requests for facility use shall be denied if:
   1. A suitable facility is unavailable at the time/date requested;
   2. The appearance is determined to be disruptive, given its time, topic or projected headcount, to the university’s educational mission;
   3. The candidate appearing commonly espouses views or beliefs that would, were he/she a student, violate the university’s employee or student codes of conduct (such as "hate speech").

Candidates, their campaigns or sponsoring Lynn student organizations, shall file any rental or space requests with the Office of Auxiliary Services. Formal requests shall be answered within two business days of receipt.

Specific prohibited lobbying activities

1. Lobbying of any covered federal official and state or local legislative or administrative official without the prior permission of the Office of General Counsel.
2. Giving gifts (or using university resources to give a gift) to any covered federal official and state or local legislative or administrative official, unless it is done in accordance with applicable federal, state, or local law. Gifts include; without limitation, any gratuity, favor, discount, entertainment, hospitality, forbearance, or other item having monetary value. There are a few exceptions but to ensure the university is in compliance with applicable federal, state, or law, members of the campus community must consult with the Office of General Counsel before offering any gift, meal, goods or services to a any covered federal official and state or local legislative or administrative official.
3. Using the university’s name, seal, address, resources, services, facilities, or personnel for any prohibited lobbying activities.
4. Using federal funds from any source, including, but not limited to contracts, cooperative agreements, grants, or other arrangements received by the university, for any prohibited lobbying activities.
5. Using funds from a private foundation or organization received by the university which, by contract, prohibits or restricts lobbying activities.

Certification regarding lobbying (federal grants, contracts, or cooperative agreements)
Applications for federal grants, contracts, or cooperative agreements, and university participation in other federal programs require that the university certify compliance with lobbying prohibitions and limitations.

Certifications related to lobbying activities in connection with any activity or agreement with a governmental entity on behalf of the university must be completed and approved by the Office of General Counsel.

Lobbying reporting obligations

The federal Lobbying Disclosure Act of 1995, amended by Congress in 2007, requires the disclosure of lobbying efforts directed at Congress and the federal executive branch. The Act requires the university to, on a quarterly basis, report a good faith estimate of all expenditures on federal lobbying activities conducted on behalf of the University. Accordingly, any university employee authorized to make a lobbying contact with a covered federal official or state or local legislative or administrative official must contact the Office of General Counsel so that the university may comply with the act’s notification requirements.

Reporting of expenditures incurred in honoring a covered federal official

The university is required to disclose certain contributions and/or expenses paid:

1. For events honoring a covered federal official;
2. To an entity named for or in recognition of a covered federal official;
3. To an entity established, financed, maintained or controlled by a covered federal official;
4. To a presidential library foundation;
5. For a meeting, retreat or conference held by or in the name of one or more covered federal officials.

Under reporting requirements, expenses relating to the hosting of a reception in honor of one or more covered federal officials, or to purchase ticket(s) to a charitable event where a Member of Congress was honored, or to award an honorary plaque or degree, must be reported to the Office of General Counsel.

¹ Lynn University's "policy regarding facility use by candidates for political office" was adapted, with appreciation, from similar guidelines prepared and distributed by Rochester Institute of Technology (Rochester, NY) and Allegheny College (Meadville, PA.).

To learn more about this policy or the supporting procedures, please contact the Office of General Counsel.