1994 AGN AUG 02 I30 - Laserfiche WebLink

Browse Search

AGENDA REPORT CITY OF COLTON For City Council Meeting of August 2, 1994 July 27, 1994 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Julie Hayward Biggs, City Attorney SUBJECT: City Officers and Employees/Political Activity Since adoption of the resolution prohibiting city employees from engaging in political activities while on duty and on City premises, some question has arisen as to the scope of this prohibition. As a result, Councilmember Bennett has asked that this issue be placed on the agenda for clarification. As noted in the previous Agenda Report on this issue, only very narrowly proscribed limitations may be placed on the political activities of City employees and officers. City employees have the same rights as any other member of the public with regard to their political activities when they are not on duty. California Government Code Section 3203 provides as follows: "Except as otherwise provided in this chapter, or as necessary to meet requirements of federal law as it pertains to a particular employee or employees, no restriction shall be placed on the political activities of any officer or employee of a state or local agency. it The exceptions referenced in this statutory provision are significant. Section 3206, for example, prohibits any uniformed employee from engaging in political activities of any kind while in uniform regardless of whether that employee is on duty at the time. Section 3207 allows the local agency to establish rules and regulations prohibiting political activity by employees and officers during working hours and on City premises and the resolution adopted by the Council at the July 19, 1994 Council meeting establishes those prohibitions. By law, however, they apply to City employees and officers not in uniform ons when those employees and officers are acting in their official capacity or are on duty. Every City employee or officer may appear on City premises when not on official duty and may engage in the same political activities that any other citizen may engage in, including wearing campaign buttons, carrying placards, and distributing campaign materials and the like, so long as such ;W *011 30