“Victor Valley Politicians Come Out in Support of Prop. 23″ – Hesperia Star

Proposition would roll back 2006 environmental law

Beau Yarbrough

August 20, 2010

Politicians from the Victor Valley’s three largest municipalities gathered Friday afternoon at Hesperia City Hall to speak in support of Prop. 23, a ballot initiative that would roll back a 2006 environmental law.

Above, From the Yes on Prop 23 website, a press release stating that the event was a news conference "hosted" by Hesperia Mayor Thurston Smith.

At the September 7,2010 Hesperia City Council meeting 2 separate ballot measures were endorsed by the City Council. Proposition 22 and Proposition 23. The question is do these prohibitions on using public funds and resources apply to the campaign event in support of Prop 23 at Hesperia City Hall? I believe they do. From the Institute For Local Government handbook on Legal Issues Associated with Use Of Public Resources and Ballot Measure Activities

What guidelines have the courts provided on using public resources relating to ballot measures?
The California Supreme Court has, in essence, created three categories of activities:
1) Those that are usually impermissible campaign activities;
2) Those that are usually permissible informational activities; and
3) Those that may require further analysis under the “style, tenor and timing” test.
 

Impermissible activities include campaign materials: bumper stickers, posters, advertising “floats,” television and radio spots, and billboards.  Another improper activity is using public resources to disseminate advocacy materials prepared by others.

Compare the Save One Million Jobs Yes on 23 poster on the podium to the Yes on 23 logo from the Yes on 23 campaign website and you see that they are the same. A clear violation of the law on using public resources to disseminate advocacy materials prepared by others. Also- was Supervisor Mitzelfelt on County time when he was campaigning for prop 23?

“Promotional campaign brochures” are also not allowed, even when those documents contain some useful factual information for the public

What are the consequences of stepping over the line dividing permissible from impermissible uses of public resources with respect to ballot measure activities?
 

The stakes are high for those involved in misuses of public resources. Public officials face personal liability—criminal and civil--for stepping over the line. Improper use of public resources is a crime.

Criminal penalties include a two- to four-year state prison term and permanent disqualification from public office. Civil penalties include a fine of up to $1,000 for each day the violation occurs, plus three times the value of the resource used.  Other consequences may include having to reimburse the agency for the value of the resources used.  Those charged with improper use of public resources may have to pay not only their own attorneys fees, but also those of any individual who is challenging the use of resources.
 

In addition, conflicting perspectives on whether there might be a “de minimus” defense makes relying on such a defense risky. This includes relying on the defense that one has reimbursed the value of using public resources improperly. Finally, engaging in such activities gives rise to reporting obligations for public agencies under the Political Reform Act. Failure to comply with these requirements subjects an agency to additional penalties.
 

Proposition 22 is sponsered by the League of California Cities and has to do with protecting local revenues from the State. Below is informational page page put out by the League to let City officials know that they cannot use City funds or resources in support of a proposition.

WORKING ON A BALLOT MEASURE CAMPAIGN:
SOME RULES FOR CITY OFFICIALS

There are two simple, but very important rules city officials and employees should follow if they want to get involved in campaign activities in support of the League’s ballot measure to strengthen constitutional protections for local revenues.

DON’T USE PUBLIC FUNDS
All contributions to the ballot measure of your time and resources must be made with non-public funds. This means no public facilities or equipment (phones, computers, email accounts, vehicles, copy machines or any other equipment) may be used to plan or promote ballot measure activities, including fundraising. No public funds may be used in support of your campaign activities.

CAMPAIGN ON YOUR OWN TIME
Keep good records. Track your time and your use of private equipment used in ballot measure activities, so you are able to document that no public funds were used. City officials interested in working for the League ballot measure, including participating in CITIPAC fundraising, should start by contacting their League Regional Representative.

DO’S AND DON’TS
FOR CITY OFFICIALS AND CITY EMPLOYEES

THE DO’S: City officials and city employees MAY:
• Work on the campaign during their personal time, including lunch hours, coffee breaks, vacations, etc.
• Make a campaign contribution to a ballot measure campaign committee using personal funds, and/or attend a campaign fundraiser during personal time.
• Make public appearances during personal time advocating the ballot measure.
• Have the city council adopt a resolution that officially endorses the ballot measure and confirms the prohibition on using government funds for political purposes at a public meeting.


THE DON’TS: City officials and city employees may NOT:
DON’T•Distribute campaign literature through the city’s internal mail system.
DON’T• Place campaign literature on employee bulletin boards, on the city’s web page, or elsewhere on city government premises.
DON’T•Make public appearances speaking in favor of the ballot measure during
compensated work hours.
DON’T•Make telephone calls about the campaign during compensated work hours.
DON’T• Walk precincts, draft campaign ads, or perform other campaign tasks
during compensated work hours, or assign subordinates to do same.
DON’T•Add a link from the city website to a campaign website.
DON’T• Send or receive campaign-related emails on city computers.
DON’T•Urge other city employees to vote for the measure during compensated
work hours.
DON’T•Use city copy machines, telephones, fax machines, computers, stationery,
etc. for campaign purposes.