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Home My WebLink About4.8 Prohibit Employees Political Activity During Work Hours STAFF REPORT CITY CLERK File #700-40 CITY COUNCIL DATE:February 16, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Prohibition on City Employee Political Activity on City Premises and During Working Hours Prepared by Julie Carter, Human Resources Director EXECUTIVE SUMMARY: The City Council will consider a proposed resolution prohibiting City of Dublin employees from engaging in political activities on City premises or during working hours. Such restrictions are explicitly permitted under California law and the City Council has already adopted similar restrictions with respect to City Council members. FINANCIAL IMPACT: None. RECOMMENDATION: Resolution Staff recommends that the City Council adopt the Prohibiting City of Dublin Employees From Engaging in Political Activities on City Premises or During Working Hours. Reviewed By Assistant City Manager DESCRIPTION: Background California law places limits on certain political activities of public employees. For example, public employees are prohibited from using public funds or resources to advocate a partisan position and from engaging in “political activities of any kind while in uniform.” See California Government Code Sections 54964 and 3206. In addition to these explicit prohibitions on public employee political activity, Government Code Section 3207 permits the governing board of any public agency to establish rules or regulations that prohibit or otherwise restrict the following: (a) Officers and employees engaging in political activity during working hours. (b) Political activities on the premises of the local agency. ITEM NO. 4.8 Page 1 of 3 Government Code Section 3207 helps public agencies ensure that government officers and employees act without bias or favoritism for any political party, group, or candidate. It also provides a mechanism whereby public agencies can avoid appearances that any employee’s political activities might be attributed to the agency. The Dublin Municipal Code is in harmony with this provision of state law and states, “The political activities of city employees shall conform to pertinent provisions of state law and any local provision adopted pursuant to state law” (Dublin Municipal Code Section 2.20.120). Government Code Section 3207 is part of a chapter of the California Government Code modeled after the federal Hatch Act and sometimes referred to as the “Little Hatch Act.” The U.S. Supreme Court has repeatedly held that the Hatch Act does not run afoul of employees’ First Amendment rights because government employers have a legitimate business interest in limiting the political activities of employees (see U.S. Civil Serv. Comm’n v. Nat’l Ass’n of Letter Carriers, 413 U.S. 548 [1973]; see also United Public Workers v. Mitchell, 330 U.S. 75 [1947]). While there is a lack of case law interpreting Government Code Section 3207, it is supported and legitimized by the same principles that have enabled the Hatch Act to withstand constitutional scrutiny. Pursuant to its authority under Government Code Section 3207, the City Council has already adopted two resolutions limiting the political activities of City Council members, Resolutions 19- 11 and 26-08. Resolution No. 19-11 states: Members of the City Council shall not engage in political activities related to local, state, or federal elections during City Council meetings. Nothing in this section shall prevent the City Council from considering whether or not to support or oppose a ballot measure or state or federal legislation Resolution No. 26-08 states: Members of the City Council of the City of Dublin shall not engage in political activities relating to local, state, or federal elections at the Dublin Civic Center or while representing the City in an official capacity as a member of the City Council. Consistent with these prior actions and its authority under state law, Staff recommends that the City Council adopt a similar resolution prohibiting all employees from engaging in political activities during working hours or while on City premises. The terms of the resolution are intended to be interpreted as follows. Political Activities While Government Code Section 3207 does not define “political activities,” the City Attorney has interpreted this term broadly to include without limitation: wearing of political buttons or clothing; displaying items (e.g., posters, signs, or stickers) at work that indicate support of or opposition to a political party or candidate in a partisan election; distributing campaign materials; attending campaign events; or making campaign telephone calls or soliciting, accepting, or receiving political contributions. Page 2 of 3 It is not Staff’s intent that this prohibition on political activity will in any way interfere with employee political activities outside of work hours on non-City property, nor with any employee’s right to engage in concerted activities under the Meyers-Milias-Brown Act. Working Hours The definition of an employee’s “working hours” will depend on whether the employee is paid on an hourly or salary basis. Hourly employees are prohibited from engaging in political activities after the commencement and before the end of any regular or overtime hours in their shift, or any other period in which they are otherwise being required to work. Salaried employees are prohibited from engaging in work during the City’s normal business hours or while performing any work in their official capacity as a City employee. Working hours for both hourly and salaried employees does not include lunch breaks, approved vacation, or public holidays. City Premises City property should be interpreted broadly to include all property owned by the City, including without limitation the Civic Center, museums, the Dublin Public Library, community facilities, and picnic areas. However, employees are permitted during non-work hours to participate in an individual capacity in political activities in City facilities, such as a park or the Senior Center, provided that the organizer of the event has obtained the proper permits for the political events. Employees are prohibited from holding themselves out as public employees during such events. Conclusion Based on the above analysis, pursuant to Government Code Section 3207, it is recommended that the City Council adopt this resolution prohibiting employee political activity during work hours or on City property. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Prohibiting City Employees from Engaging in Political Activities on City Premises or During Working Hours Page 3 of 3 RESOLUTION NO. ** -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* PROHIBITING CITY EMPLOYEES FROM ENGAGING IN POLITICAL ACTIVITIES ON CITY PREMISES OR DURING WORKING HOURS WHEREAS, California Government Code restricts public employees’ exercise of political activities; and WHEREAS, in addition to the Government Code’s restrictions on public employees’ political activities, California Government Code section 3207 authorizes the City to adopt rules or regulations prohibiting officers and employees from engaging in political activities during working hours and prohibiting political activities on the premises of the City; and WHEREAS, consistent with Government Code section 3207, the City Council has already adopted two resolutions prohibiting City Council members from engaging in political activities at the Civic Center and while acting in an official capacity; and WHEREAS, consistent with Government Code section 3207, the City Council wishes to adopt a policy to prohibit all City employees from engaging in political activities on the premises of the City and/or during working hours. NOW, THEREFORE, BE IT RESOLVED that employees of the City of Dublin shall not engage in political activities relating to local, state, or federal elections on City premises or during work hours. PASSED, APPROVED AND ADOPTED this 16th day of February, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2589990.1