1. Public Agency Participation in Ballot Measures
City Attorney’s Office
August 8, 2016

2. Overview
Basic rules
Public Resources May Not Be Used For Ballot Measure Campaign Activities.
Public agency may place a measure on the ballot, prepare objective and fact-based analysis.
On personal time, public officials work on ballot measure campaigns or make contributions with personal funds

3. Case Law Guidance Vargas v. City of Salinas (2009) 46 Cal.4th 1
Seminal California Supreme Court case
Impermissible: using public funds to purchase campaign materials (bumper stickers, posters, TV/radio spots, billboards); disseminate advocacy materials prepared by others; produce or mail promotional campaign brochures

4. 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: If none of the above, evaluate “style, tenor and timing” of activity or expenditure
Generally best to deliver information through regular agency communication channels such that emphasize facts (no argumentative rhetoric)
Should not encourage voting one way or the other

5. PRA and FPPC 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
Public agency must report expenditures that expressly advocate or unambiguously urge qualification, defeat or passage of a ballot measure

6. Consequences of Violation
Civil and criminal penalties for public officials who step over the line.
Civil penalties include a 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 or urge a particular result