E107 Public Service and Political Activity: Understanding the Boundaries

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, 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. The conversation explores campaign activity during work and personal time, the use of agency facilities and resources, political forums and campaign materials, and the rules governing uniforms, agency logos, and equipment. The discussion also examines how public agencies may provide neutral information about ballot measures without engaging in advocacy, along with restrictions involving campaign solicitations, political benefits, and the Levine Act.

Show Notes & 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)

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast

Disclaimer: As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this podcast episode does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.