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Limits on the Use of City College Resources in Campaigns. City College of San Francisco | July 2012. The General Prohibition Public funds may not be used to expressly campaign for or against ballot measures or for or against a particular candidate. Statutory Prohibitions . - PowerPoint PPT Presentation
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Limits on the Use of City College Resources in Campaigns
City College of San Francisco | July 2012
The General ProhibitionPublic funds may not be used to expressly
campaign for or against ballot measures or for or against a particular candidate
Statutory Prohibitions Education Code Section 7054:
No community college district funds, services, supplies, or equipment shall be used for the purpose of urging the support or defeat of any ballot measure or candidate, including, but not limited to, any candidate for election to the governing board of the district.
Government Code section 8314: It is unlawful for any elected state or local officer,
including any state or local appointee, employee, or consultant, to use or permit others to use public resources for a campaign activity
District Policy 1.06 Incorporates the restrictions of the Education
Code and the Government Code listed above, as well as prohibitions from the Political Reform Act and the San Francisco Campaign Finance and Governmental Conduct Code
Imposes reporting and auditing requirements on the District
Pitfalls California Law and Board Policy:
Expressly prohibit the use of “Funds, Services, Supplies & Equipment” in support of a campaign
Puts restrictions on appropriate “Campaign Activity”
“Funds, Services, Supplies & Equipment” Not defined, but includes any property or asset
owned by the District Government Code section 8314 lists:
Land Buildings Facilities Funds Equipment Supplies
Telephones Computers Vehicles Travel Employee time
“Campaign Activity” Ill- defined.
Even California's Supreme Court admits that there is no hard-and-fast rule for determining whether public action is a "campaign activity.“
“It is not essential that a [public message] expressly exhort to the voters to vote one way or another" to be considered improper campaigning.
Courts take a “we know it when we see it” approach.
Most Recent Guidance Vargas v. City of Salinas
Citizen mounts campaign to repeal City's Utility User Tax, from which City received significant portion of its revenue
City staff produced reports, published on City's webpage along with proponent's materials, detailing programs that would close if measure passed
City also produced a flyer detailing required cutbacks, and included material in its regular newsletter to citizens, which reached voters in month before election
The Court concluded that the City’s activities were not impermissible, and clarified which acts are permissible, impermissible, or subject to consideration based on Style, Tenor, and Timing
Impermissible Activities under Vargas Using any public resources to:
Mount a campaign Expressly advocate for a particular vote or
unambiguously urge a particular result Contribute to a campaign, financially or otherwise
Prohibited Activities Include… Using District mail or its email system for mass distribution of campaign
literature, or other material advocating the passage or defeat of a ballot measure, or election or defeat of a candidate
Using District copy-machines or printers to produce campaign literature, or other material
Using District phones or other District-owned communication devices, or the District-owned computers, to advocate for or against a ballot measure or candidate
Advocating for the passage or defeat of a ballot measure, or election or defeat of a candidate during instruction
Using District funds to support a campaign
Transferring District funds to a 3rd party for that party’s campaign activities
Accepting campaign contributions from potential contractors (from time request for bid is made until 180 after contract is executed)
Permissible Activities Providing neutral, balanced information to
inform electorate of consequences Supporting ballot measures through Board
resolutions Paying for statements of all Trustee
candidates Permitting use of faculty/staff mailboxes for
third-party distribution of political fliers Including neutral information about election in
regularly-distributed, multi-topic newsletters Voter registration drives
When to be Concerned: Classic Forms of Campaign Activities Under Vargas, communications using District
resources are probably prohibited if they take the form of classic campaign advertisement, such as: Bumper stickers Posters Billboard/yard sign advertising Radio/TV "spots" Campaign literature for an individual candidate
When to be Concerned: Tenor and Timing Under Vargas, communications using District
resources are more likely to be impermissible if the answer to the following questions is “yes” Does the material expressly advocate for a
measure or candidate, or unambiguously urge a particular result?
Is the message presented near the date of the election?
Four Best Practices for Permissible Campaign Activity Use personal phone and personal email
Do not use District computers, land-lines, or mobile devices for which you receive a stipend
Conduct all campaign activity during personal time; if you receive a call at work, return the call when not on work time
When providing impartial information, do not enter into debate or discussion of the merits of any issues
Report of any inappropriate campaign activity by a District agent to the General Counsel or to a District Administrator
Ask Before You Act
Consequences Personal liability:
Financial penalties up to $1, 000 per day the violation occurs, plus three times the cost of the misused resource
Criminal penalties range from 6 months to four years in jail
No statutes of limitation apply to misuse of public funds
What About the First Amendment?All elected officials, officers, employees, consultants, students, and faculty have the right to engage in political activities. The Education Code clearly protects this right, but only to the extent that the expressive activity does not violate the prohibitions against the use of District Resources
Political Expression Trustees, Administrators, and Employees MAY:
Engage in personal campaign activities “Personal” means not during work time. Individuals may wish to
engage in campaign activity during their personal time, including lunch time and coffee breaks, and vacation days. Except with respect to activities within public fora, individuals should engage in personal campaign activities off District property
Contribute personal funds to a campaign
Identifying position as Trustee, administrator, employee, or
faculty in endorsement, as long as it is clear that title is for identification purposes only
QUESTIONS?
You may contact the General Counsel
Scott Dickey 415-241-2340