4119.25
AR
Administrative Regulation
Political Activities Of Employees
District employees shall not:
- Use district funds, services, supplies or equipment to urge the passage or defeat of any ballot measure or candidate, including any candidate for election to the Board of Education (Education Code 7054)
- During working hours and on district property, solicit or receive any political funds or contributions to promote the passage or defeat of a ballot measure that would affect the rate of pay, hours of work, retirement, civil service or other working conditions (Education Code 7056)
- During working hours and on district property, solicit or receive any political funds or contributions to promote the passage or defeat of other types of ballot measures
- Use district time to urge the passage or defeat of any ballot measure or candidate
- Use district equipment for the preparation or reproduction of political campaign materials, even if the district is reimbursed
- Post or distribute political campaign materials on district property
- Disseminate political campaign materials through the district's mail service, e-mail or staff mailboxes
- Use students to write, address or distribute political campaign materials
- Present viewpoints on particular candidates or ballot measures in the classroom without giving equal time to the presentation of opposing views
- Wear buttons or articles of clothing that express political opinions on ballot measures or candidates during instructional time
However, teachers shall not be prohibited from wearing political buttons during noninstructional time, such as Back-to-School Night.
Nothing in Board policy or administrative regulation shall be construed to prevent employees from soliciting or receiving funds or contributions for political purposes during nonworking time, including before and after school, the lunch period or other scheduled work intermittency during the school day. (Education Code 7056)
Employee Organizations
Employee organizations may use district mailboxes and other means to communicate with employees, subject to reasonable regulation. Employee organizations may have access at reasonable times to areas in which employees work; may use institutional bulletin boards, mailboxes, and other means of communication and may use district facilities at reasonable times for the purpose of meetings. (Government Code 3543.1)
However, employee organizations shall not use district funds, services, supplies or equipment, such as the district mail system, to urge the passage or defeat of any ballot measure or candidate, including any candidate for election to the Board (Education Code 7054)
Access to district communication channels shall be limited in cases where such access would be disruptive to district operations.
In the event of a concerted action or work stoppage, political activities by employee organizations and individual employees shall be restricted to peaceful informational picketing and other activities allowed by law.
Legal & Management References
State
Ed. Code 38130-38139 - Civic Center Act
Ed. Code 51520 - Prohibited solicitations on school premises
Ed. Code 7050-7058 - Political activities of school officers and employees
Elec. Code 18304 - Prohibition against use of district seal in campaign literature
Gov. Code 3543.1 - Rights of employee organizations
Gov. Code 82041.5 - Mass mailing
Gov. Code 8314 - Unlawful use of state resources
Pen. Code 424 - Embezzlement and falsification of accounts by public officers
Management Resources
Attorney General Opinion - 77 Ops.Cal.Atty.Gen. 56 (1994)
Attorney General Opinion - 84 Ops.Cal.Atty.Gen. 106 (2001)
Attorney General Opinion - 84 Ops.Cal.Atty.Gen. 52 (2001)
Court Decision - Pickering v. Board of Education Township High School District (1968) 88 S. Ct. 1731
Court Decision - L.A. Teachers Union v. L.A. City Board of Education (1969) 71 Cal.2d 551
Court Decision - San Leandro Teachers Association v. Governing Board of the San Leandro Unified School District (2010) 46 Cal. 4th 822
Court Decision - Diquisto v. County of Santa Clara (2010) 181 Cal. App. 4th 236
Court Decision - Heffernan v. City of Paterson (2016) 136 S. Ct. 1412
Court Decision - California Teachers Association v. Governing Board of San Diego Unified School District (1996) 45 Cal.App. 4th 1383
Court Decision - Downs v. Los Angeles Unified School District (2000, 9th Cir.) 228 F.3d 1003
Public Employment Relations Board Ruling - Turlock Joint Elementary School District (2004) PERB Dec. No. 1490a
Public Employment Relations Board Ruling - East Whittier School District (2004) PERB Dec. No. 1727
Public Employment Relations Board Ruling - Conejo Valley Unified School District (2009) PERB Dec. No. 2054
Public Employment Relations Board Ruling - City of Sacramento (2019) PERB Dec. No. 2702
Public Employment Relations Board Ruling - San Diego Community College District (2001) PERB Dec. No.1467
Website - CSBA District and County Office of Education Legal Services
Website - California Attorney General's Office
Website - California Public Employment Relations Board
Website - CSBA
Cross References
1114 AR District-Sponsored Social Media
1114-E PDF(1) AR District-Sponsored Social Media
1160 BP Political Processes
1325 AR Advertising And Promotion
1330 AR Use Of School Facilities
3512 AR Equipment
4040 BP Employee Use Of Technology
4119.1 BP Civil And Legal Rights
4119.21 BP Professional Standards
4119.21-E PDF(1) AR Professional Standards
4119.22 BP Dress And Grooming
4140 BP Bargaining Units
4219.1 BP Civil And Legal Rights
4219.21 BP Professional Standards
4219.22 BP Dress And Grooming
4319.1 BP Civil And Legal Rights
4319.21 BP Professional Standards
4319.22 BP Dress And Grooming
5131.4 AR Student Disturbances
6144 AR Controversial Issues