CHAPTER 8
USE OF CITY BUILDINGS AND EQUIPMENT
(Added by O-3701)
18.1.1 PURPOSE.
This Chapter prohibits the use of City Buildings and equipment for political fundraising.
18.1.2 DEFINITIONS.
a) Candidate - Any individual seeking election to a public office of the federal government, state, county, municipality, school district or political organization at an election.
b) City - This municipality and any officer, department, board, commission, or agency thereof.
c) City official, employee and appointee - Any person holding elective municipal office or holding an appointed position in the City, or in any agency, commission, board, or office thereof, whether the position is full time or part time, compensated or uncompensated; and any employee of the City or in any agency, commission, board, or office thereof, whether the position is full time or part time.
d) Contribution - means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment except to the extent that full and adequate consideration is received, unless it is clear from the surrounding circumstances that it is not made for political purposes.
e) Person - means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert.
f) Property of the City - Buildings, land, vehicles, phones, fax machines, computers or other office equipment or supplies and other real or personal property owned, leased or controlled by the municipality, except for public roads, sidewalks, and open park land.
g) Solicit - To seek by oral or written communication a Contribution.
18.1.3 PROHIBITIONS.
A. No person shall make a contribution to a candidate and no person shall solicit or accept a contribution or engage in prohibited fundraising while on or in the property of the City. Prohibited forms of fundraising include but are not limited to:
(1) Rental of City rooms or facilities to accept or solicit contributions.
(2) Soliciting or accepting contributions using publicly-owned telephones, fax machines or computers.
(3) Soliciting or accepting contributions using personal telephones while on the property of the City.
(4) Soliciting or accepting contributions through the use of publicly-owned computers or privately-owned personal computers while on the property of the City.
(5) Using City letterhead to solicit or accept contributions.
(6) Sending written correspondence from property of the City or by the use of City services, equipment or postage.
(7) Face-to-face soliciting of an individual or an owner or representative of a business entity while on the property of the City.
(8) Use of automobiles owned or leased by the City to solicit or accept contributions.
B. Reporting requirements. It shall be the responsibility of every City official, employee, or appointee who observes any prohibited form of fund-raising to promptly report such conduct to their supervisor, City Manager, City Attorney or a law enforcement agency.
C. Whistleblower provision. It shall be unlawful for any employee, elected official or appointee to be dismissed, reprimanded, retaliated against or otherwise intimidated for complying with these reporting requirements mandated by this chapter.