EAO 172

A legislator’s use of state resources and employees to keep track of the legislator’s overall schedule, including personal and political appointments, is not a misapplication of things of value belonging to the government under Penal Code section 39.01(a)(2). However, a state employee should not be used as a political or personal scheduler to make personal appointments or organize political events. The use of state equipment or state employees’ work time to handle campaign contributions or expenditures is a misapplication of state property. Under certain circumstances, the use of state resources to handle officeholder contributions and expenditures may be appropriate. Because the distinction between campaign matters and officeholder matters is not always clear, a legislator should be cautious in using state employees to handle any political contributions and expenditures.