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HomeMy WebLinkAbout2022-05-25 Employee Involvement in City Elections C I T Y O F P A L M D E S E R T 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-0611 FAX: 760-341-7098 CITYCLERK@CITYOFPALMDESERT.ORG Date: May 25, 2022 To: All City Employees From: Anthony J. Mejia, City Clerk SUBJECT: Employee Involvement in Municipal Elections Overview General Municipal elections are typically held once every two years, and given the passage of time, each election can be a “new experience” for many City employees. November 8, 2022, will be the next General Municipal Election where voters will elect two Councilmembers for District 2. The purpose of this memorandum is to provide you with a quick summary to help guide employees during this campaign season. The memo focuses on three main areas: 1. The use of City resources; 2. How information is shared with candidates for public office; and 3. Solicitation for contributions. Use of City Resources The use of City time, resources, or facilities for political purposes is prohibited under State law. More specifically, California Court decisions and State law make it clear that public funds and resources cannot be used to campaign or promote a position, for or against, any ballot measure or candidate for office. In short, City employees may not: • Use City resources1 to support or oppose: a candidate for any elective office; a recall effort against any elected official and/or any initiative, referendum or ballot measure. • Engage in political activities during working hours. • Engage in political activities on City work premises. • Engage in political activities while in City uniforms2. City employees are free to participate in political activities on their own personal time and using their own personal resources. 1 Use of City resources includes, but is not limited to: City funds, City letterhead and stationary, telephones, copying machines, fax machines, computers, e-mail, other office equipment, and office supplies and materials, whether before, during or after working hours. Political activities include, but are not limited to: advocacy for or against a candidate or ballot measure, solicitation of political funds or campaign contributions, signing petitions, endorsements, or nomination papers. 2 City uniforms include any clothing with a City logo which is routinely worn at work and has been provided by the City. Employee Involvement in Municipal Elections Page | 2 Requests for Information by Candidates Candidates are entitled access to any information requested of staff that is public in nature. However, in providing this information, it is essential that all candidates are treated equally and have access to the same materials. To assure that this happens, requests for information and follow-up responses need to be carefully coordinated, as follows: 1. Candidates will be asked to make information requests for written information through the City Manager and/or City Clerk. If necessary, such requests will be forwarded to the appropriate Department Head, who will respond back to the City Manager or City Clerk. The City Manager or City Clerk will then provide the information to the requesting candidate, along with copies for all other candidates (or at least notice of information availability, depending upon the circumstances). 2. From time to time, however, candidates may make very simple requests for information directly to a department. If the request can be easily responded to (e.g. verbally), please do so and advise your Department Head as soon as is practical. 3. When in doubt, consult with your Department Head who may, in turn, consult with the City Manager or City Clerk. Candidate Contribution Solicitations Candidates running for a city office are prohibited from soliciting campaign contribution from city employees. Government Code §3205 prohibits candidates from knowingly, directly or indirectly, soliciting a political contribution from any employee of their agency or from a person on an employment list of that agency. Therefore, you should not expect to be solicited in this fashion. However, if a candidate asks you to contribute to their campaign, you should decline. An exception applies if the solicitation is part of a solicitation made to a significant segment of the public (for instance: a mass mailer that goes out to all registered voters in the city). Of course, you as an individual may contribute to a campaign if so desired. If you have any questions or concerns about these matters, please feel welcome to ask. Thank you very much for your cooperation.