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HomeMy WebLinkAboutCity Council Resolution 00-048CITY OF SARATOGA RESOLUTION NO. 00-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONCERNING PARTICIPATION IN POLITICAL ACTIVITIES BY PERSONS EMPLOYED BY THE CITY OF SARATOGA WHEREAS, State and federal law strictly limit and in may cases prohibit the use of City resources in election campaigns; and WHEREAS, the State and Federal Constitutions protect the right of City employees to free expression and to participate in political activities as individuals to the extent that such activities do not conflict with the City's interest and duty to protect the integrity of the public service consistent with State and federal limits on the use of City resources in election campaigns; and WHEREAS, guidance on participation in political activities will help avoid improper use of City resources as well as promoting appropriate political activity by City employees in their individual capacity by reducing uncertainty concerning the permissible scope of such activities in the workplace; NOW THEREFORE, BE IT RESOLVED THAT the following policies are hereby adopted regarding participation in political activities by persons employed by the City of Saratoga ("employees"): Employees shall not, at any time, use any City resources to promote election campaigns. "City resources" include, but are not limited to: staff time; photocopying; phone access; facsimile transmissions; City vehicles; office supplies; computers; and official bulletin boards. Employees shall not use their authority or influence to obtain a change in position or compensation in exchange for a particular vote or political action by another employee or member of the public. o Employees shall not directly or indirectly offer to increase the salary or compensation of another in exchange for a contribution or loan to any committee controlled directly or indirectly by a person who holds or seeks election to any office. ° Employees who work on projects funded in whole or in part by federal grants shall not be candidates for public office in a partisan election to the extent that such candidacy is prohibited by federal law. No employee shall directly or indirectly solicit or receive political funds or contributions during working hours while in his or her City workplace. As used in this policy "City workplace" includes but is not limited to: individual employee offices; reception areas for City departments; maintenance yards; and other City property where employees are required to be present in order perform their official duties. o Nothing in the foregoing policies shall be construed to limit the rights of staff and employees to engage in political activities outside of working hours on City property which constitutes a public forum when a communication is made to a significant segment of the public which may include officers, staff, and employees of the City. As used in this policy "City property which constitutes a public forum" includes but is not limited to City parks and the Community Theater. o Nothing in the foregoing policies shall be construed to limit the rights of employees to solicit or receive political funds or contributions to promote the passage or defeat of a ballot measure which would affect the rate of pay, hours of work, retirement, civil service, or other working conditions of officers or employees of the City, outside of work hours. o Nothing in the foregoing policies shall be construed to limit the rights of employees to: run for public office in nonpartisan elections; campaign for and hold office in political clubs and organizations; actively campaign for candidates for public office in partisan and nonpartisan elections outside of work hours and on City property which constitutes a public forum; contribute money to political organizations; and attend political fund raising functions outside of work hours. This Resolution shall be effective upon its adoption. The foregoing is a full, true and correct copy of a resolution duly adopted by the City Council of the City at a meeting thereof on the 20th day of September, 2000, by the following vote of the members thereof: AYES: Evan Baker, John Mehaffey, Mayor Stan Bogosian NOES: None Nick Streit, Ann Waltonsmith, ABSTAIN: None ABSENT: None ~ ~hthleen Bo~e~, C~ty ~lerk -2-