§ 2-267. Permitted and prohibited political activities.

(a)

Application to unified government representatives.

(1)

The provisions of this section apply to all full-time, part-time, and temporary unified government representatives in both classified and unclassified positions, except that the provisions of subsections (c)(2), (c)(3), (c)(5) and (c)(7) shall not apply to any person employed pursuant to the authority of the mayor/chief executive officer (CEO) as an administrative assistant.

(2)

Employees in activities which are funded in whole or in substantial part by federal funds have the additional restrictions of federal law pursuant to 5 USC 1501 et seq. (hereafter referred to as the "Hatch Act"), and may be prohibited from taking an active part in the unified government, county, state or national elections. The unified government's human resources department shall maintain a listing of positions subject to the Hatch Act.

(b)

Permitted political activities. Activities listed in this section are permitted for the unified government representatives on their own time or in accordance with declared policies of the unified government. These activities apply to county, state, and national elections and to municipal elections outside the unified government.

(1)

Each unified government representative, including an official or employee subject to the Hatch Act, may:

a.

Register and vote in any election;

b.

As an individual, privately and publicly express an opinion on political subjects and candidates;

c.

Be a member of a political party and participate in its activities consistent with this division;

d.

Sign a political nomination or recall petition as an individual;

e.

Make a financial contribution to a political party or candidate;

f.

Participate in connection with a question that is not specifically identified with a political party, such as a constitutional amendment, referendum, or issue of similar character; or

g.

Display bumper stickers, posters, banners or pamphlets on private property for the endorsement of candidates or issues.

(2)

In addition, except as otherwise provided in this division, unified government representative who is not subject to the Hatch Act may:

a.

Take an active part in the work and management of any political campaigns;

b.

Solicit, receive, or account for funds for a political purpose;

c.

Solicit votes in support of, or in opposition to, a political party's office;

d.

Initiate or circulate nominating or recall petitions;

e.

Serve as a delegate, alternate, or proxy to a political party convention;

f.

Drive voters to the polls on behalf of a political party or candidate;

g.

Endorse or oppose a candidate for public or political office in a political advertisement, broadcast, campaign literature, or similar material;

h.

Seek election to political office as provided in subsection (d) of this section.

(c)

Prohibited political activities.

(1)

Compelled or coerced political activity. No unified government representative shall be required to participate in or contribute to any political campaign. A unified government representative shall not be subject to direct or indirect political influence or coercion, and political affiliation or support is not a condition of employment with the unified government.

(2)

Prohibited voluntary political activity—Employment related practices. No unified government representative while utilizing equipment or materials of the unified government, while in a uniform normally identified with the unified government or while representing himself of herself as an employee of the unified government, except insofar as such representation is necessary for a candidate for public office to disclose a past and current employment status with the unified government shall:

a.

Distribute campaign literature;

b.

Give, solicit or receive contributions or subscriptions;

c.

Promise or perform political services; or

d.

Sign or circulate petitions for or on behalf of or in opposition to any candidate for public office.

(3)

Prohibited voluntary political activity—Elections. No official or employee of the unified government shall do any of the following:

a.

Be a candidate for elective office as mayor or commissioner on the board of commissioners on the unified government unless that person resigns from employment prior to filing or declaring a candidacy for said elective office with the unified government, or be a member of the ethics commission upon filing or declaring a candidacy for said elective office. Exempted from the application of this provision is any person appointed as an official to all other unified government commissions, committees, boards, task force, or other unified government bodies or agencies and all persons holding positions designated by the unified government consolidation plan.

b.

Circulate petitions initiating a referendum adopting, altering, or repealing a form of government of the unified government, providing for unified government officers, their manner of selection or term of office, electing to be or not to be a particular form of government, or otherwise mandating or advising elected representatives of the unified government.

c.

Contribute more than $25.00 to the primary campaign or the general campaign of any candidate for elected unified government office or in support of or opposition to any referendum of the type described in subsection (c)(3)b of this section.

(4)

Use of official authority, solicitation of funds. No unified government representative may use his or her official authority to solicit funds or receive contributions from other officials or employees for political purposes.

(5)

Bumper stickers, posters, banners or pamphlets, buttons. Bumper stickers, posters, banners, pamphlets, and buttons may not be displayed on unified government vehicles, property, or by an individual on a unified government work site, or in a uniform normally identified with the unified government. However, such articles may be displayed on private vehicles parked in employee parking areas.

(6)

Activities prohibited on duty, on unified government property, and/or in uniform. Activities permitted in subsection (b)(2) of this section are prohibited when unified government representative is on duty, including break periods. Such activities are also prohibited on unified government property and when unified government representative is in a uniform normally identified with the unified government.

(7)

Use of official title or designation of employment. A unified government representative shall not use an official unified government title or designate employment with the unified government in political advertisements, endorsements, or speeches. Nothing in this section shall be construed to limit the mayor/chief executive officer (CEO) or any other employee acting at the direction of the commission from making statements on behalf of the unified government to local, regional, state or federal legislative, executive, or administrative bodies, media representatives, or other interested persons or groups. Further, nothing herein shall be construed as prohibiting any person from performing a service on behalf of a person holding elective office in connection with the performance of that elected official's public duties.

(d)

Candidate for elective office.

(1)

A unified government representative may seek election to a political office. During this campaign, the unified government representative shall not use an official unified government title in the political campaign, nor shall the person's official authority be used to affect the result of the election. If elected to political office, and such office is clearly inconsistent, incompatible, in conflict with, or inimical to the unified government representative duties as a unified government employee, the unified government representative shall terminate his or her unified government position prior to assuming the elected position.

(2)

A unified government representative may be a candidate for a board such as, but not limited to, a school board or a library board while retaining active unified government employment and, if elected, may retain the unified government position.

(3)

An official or employee who becomes a candidate for mayor or commissioner on the board of commissioners of the unified government shall be terminated upon the declaration of candidacy or filing of candidacy, whichever occurs first, unless said employee or official resigns prior thereto.

(4)

A unified government representative subject to the Hatch Act may not be a candidate for elective office unless permitted under federal law.

(5)

A unified government representative may be a candidate for precinct committee positions or officer of a political party without taking an unpaid leave.

(Ord. No. O-75-09, § 1, 10-1-2009)