This resource is provided by ACSA Partner4Purpose Lozano Smith.
Public employees and officials have the right to participate in political activity, but important restrictions apply when personal advocacy intersects with public employment and agency resources. In this episode of Lozano Smith’s Let’s Talk, host Michelle Cannon connects with Lozano Smith attorneys Scott Cross and Gail Zurek to discuss how public employees and officials can distinguish between permissible private political activity and conduct performed in an official capacity.
Featured Topics and References
1:23 – Public employees and the right to participate in political activity
2:27 – Differentiating between personal (private) activities vs. official (public) activities
4:01 – Prohibited use of agency resources for campaign purposes (Government Code section 8314)
4:23 – Examples of agency resources
6:22 – The importance of where the political activity is taking place (public forums versus limited-public forums)
10:08 – Considerations around public agencies hosting political forums and remaining viewpoint neutral
12:00 – Distributing campaign materials on sidewalks in front of school grounds
14:59 – Prohibition on participation in campaign event while wearing their agency uniform (Government Code section 3206)
15:48 – Rules for teachers displaying campaign materials in the classroom
19:44 – Ballot measures on local agency issues
20:45 – Stanson v. Mott (1976) 17 Cal.3d 206 and Vargas v. City of Salinas (2009) 46 Cal.4th 1
21:51 – Solicitation of campaign contributions (Government Code section 3205)
23:11 – Offering benefits in exchange for political support (Government Code section 3204)
24:07 – The Levine Act (Government Code section 84308)
