pages: RecreationandParkCommission/2018-09-13.pdf, 6
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RecreationandParkCommission | 2018-09-13 | 6 | Memo on Political Activity by City Officers and Employees Page 3 of 3 Campaign Contributions Solicited or Accepted by Appointed Officials: There are certain special rules governing solicitation of political activities related contributions by appointed City officials, such as members of Boards and Commissions. Section 84308 of the California Government Code prohibits appointed officials from soliciting contributions of more than $250 from any party or participant in a proceeding pending before the appointed official or from anyone with a pending contract subject to the appointed official's approval. That section also disqualifies appointed officials from participating in decisions that involve persons who have contributed $250 or more directly to them within the past 12 months. Significantly, this prohibition does not apply to members of an elected body such as the City Council, unless the Council member were sitting as a member of an appointed body. For example, if a Council member were appointed as the Council's representative on a joint powers authority and a person appearing before the joint powers authority were seeking an "entitlement" from that authority and had made a $250 campaign contribution to the Council member within the past 12 months; the Council member would be disqualified from participating in the decision before the authority. Penalties A violation of the laws related to improper political activities may result in a City official or employee facing criminal or civil sanctions. Misappropriation of City funds for political activities may also be considered official misconduct that justifies removal of a public official from his or her office and restrict the official from holding office in the future, and may be cause to discipline or discharge an employee. In addition, the conduct of City officers and employees could result in fines or liability for the City. For example, the California Fair Political Practices Commission has fined local government agencies for failing to report the use of public funds to prepare and distribute pamphlets on pending ballot measures. Concluding reminder This memo is intended as a general guide and is by no means exhaustive of what are allowed and prohibited political activities. This memo is not a substitute for legal advice. The City Attorney's Office should be consulted whenever a City official or employee has a question concerning his/her participation in political activities. | RecreationandParkCommission/2018-09-13.pdf |