Summary Guide: Campaign Spending and Activity Rules for School District Employees

Introduction

School district employees and officers must adhere to strict rules regarding any campaign spending and activities, especially in the context of promoting a school district bond measure. The use of public funds and resources for partisan campaigning is heavily regulated to prevent an unfair advantage and to ensure compliance with legal standards.

Prohibited Uses of Public Funds and Resources

Public funds, services, supplies, or equipment may not be used for:

• Urging voters to favor or oppose a bond measure.
• Purchasing campaign items such as bumper stickers, posters, advertising, parade floats, or television, radio, and internet advertisements.
• Releasing public employees from their ordinary duties during paid working hours to campaign on behalf of a bond measure.
• Disseminating partisan campaign literature prepared by private groups using the school district's personnel, internal mail system, social media accounts, or other facilities.

Permissible Activities

School district officers and employees may:

• Undertake studies and gather data related to the condition and needs of the schools.
• Inform citizens about the school district's educational programs and activities.
• Submit a partisan ballot argument for a bond measure.
• Distribute information that constitutes a fair and impartial presentation of relevant facts to aid voters in making an informed judgment.
• Respond to community members' requests for information with a fair presentation of the facts.
• Make public forums available on equal terms to all sides in a campaign.
• Appear before public or private organizations to present the school district's view of a bond measure when requested by the organization (recommended to obtain a written invitation).

Examples of District Resources

District resources that should not be used for political purposes include:

• District-issued cell phones.
• The District email system.
• District-owned computers (including laptops used outside the office).
• Phones and fax machines.

Freedom of Speech and Association

School district employees do not lose their individual rights of political expression just because they work for a public agency. However, there are guidelines to ensure that these rights are exercised appropriately:

• The governing board may establish content-neutral rules governing political activities during working hours and on school district premises.
• Faculty may be prohibited from wearing campaign buttons in classrooms but can express political views in non-instructional settings like staff meeting rooms and faculty bulletin boards.
• School district employees, officers, and board members who directly or indirectly receive or make contributions of money, materials, or time to or for a bond measure campaign committee must comply with the reporting requirements of the Political Reform Act.
• Employees are not prohibited from soliciting or receiving political contributions to promote a ballot measure affecting their pay, hours, benefits, or working conditions. However, no political contributions may be solicited or received during working hours, except by recognized employee organizations during nonworking hours (including lunch periods and other break times).

Penalties for Violations

Violations of these rules can result in severe penalties:

• Criminal penalties include misdemeanors or felonies punishable by imprisonment or fines.
• Administrative penalties may be imposed by the Fair Political Practices Commission (FPPC), including cease-and-desist orders, filing requirements, and monetary penalties up to $5,000 per violation.

California Senate Bill No. 1439 (SB 1439)

• SB 1439, approved in 2022, imposes specific restrictions and removes the exemption for individuals in decision-making positions such as superintendents, chief business officers, and board members from certain campaign contribution restrictions under the Political Reform Act.
• Decision makers are prohibited from soliciting campaign contributions of more than $250 from parties who have matters pending before them, during the proceeding and for 12 months following the date of when a final decision is rendered. They must ensure that any solicitation or acceptance of contributions does not come from parties with business before their respective boards or agencies. This is to avoid any potential conflicts of interest or the appearance of impropriety.
• All contributions must be transparently reported in accordance with California laws to ensure accountability.
• While superintendents, CBOs, and board members can support bond measures, their ability to solicit contributions is limited by the aforementioned restrictions.

Conclusion

Adhering to these guidelines ensures that school district employees and officers conduct themselves within legal boundaries while maintaining their rights to political expression. It is crucial to avoid using any public resources for partisan campaigning to prevent civil and criminal liabilities.