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

2. 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

3. 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

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: 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

5. 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

6. 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

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