Use of Public Resources for Ballot Measures City Attorney’s Office September 24, 2018

Overview Basic rules Public Agency Resources May Not Be Used For Ballot Measure Campaign Activities. Cities may place measures on the ballot, prepare and communicate objective and fact-based information On personal time, public officials and city employees can participate in ballot measure campaigns or make contributions with personal funds

Case Law Guidance Stanson v. Mott, (1976) 17 Cal. 3d 206 Vargas v. City of Salinas (2009) 46 Cal.4th 1 Seminal California cases Impermissible: using public funds (including staff time and public resources) to promote or oppose a ballot measure, such as: use of city computers; create or disseminate advocacy materials; produce or mail promotional brochures that are not informational and objective

Case Law Guidance cont’d Permissible: taking a position in an open and public meeting; preparing staff reports to assist decision-makers in determining impact of and position to take; making fair presentation of facts and agency’s view of merits Requires further analysis: evaluate “style, tenor and timing” of activity or expenditure Generally best to deliver information through regular agency communication channels and emphasize facts (no argumentative rhetoric) Do not encourage voting one way or the other in the message

Fair Political Practices Commission FPPC Guidelines Prohibit mailed communications that either expressly advocate passage or defeat, or when taken as a whole and in context unambiguously urge a particular result Don’t use inflammatory or argumentative language, stick to facts and information No bright-line determination Public agency report expenditures that expressly advocate or unambiguously urge qualification, defeat or passage of a ballot measure

Consequences of Violation Civil and criminal penalties for public officials who step over the line Civil penalties = fine of up to $1,000 each day, plus three times value of the resource Criminal penalties include a two to four year state prison term and disqualification from office City required to report campaign expenditures when produces materials that advocate a particular result Public perception and reaction when feel agency has crossed the line Lawsuits: Example HJTA v. County of Los Angeles

Conclusion Key words “impartial” “objective” “educate” Ask the City Attorney’s Office for guidance before use of City resources (staff time, postage, computers, e-mail, phones, paper, mailers, etc.)