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4119.25 BP Board Policy

Political Activities Of Employees

Certificated Personnel The Governing Board recognizes the importance of political activity, voting, and civic engagement, and respects the right of district employees to engage in political discussions and activities as individuals on their own time and at their own expense. When engaging in such activities, employees shall make it clear that they are acting on their own behalf and not as representatives of the district. District employees, as members of the community, may use school facilities for meetings, including political activities, as permitted under the Civic Center Act and district policy. Employees shall refrain from prohibited political activities identified in law, Board policy, and administrative regulations. Employees who engage in these activities shall be subject to disciplinary action and/or criminal penalties.

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