HomeMy WebLinkAboutAdmin Order 21-88-01
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ADMINISTRATIVE ORDER
of the
City Manager of the City of Eugene, Oregon
Political Activitv and provision of Election Material
The City Manager of the City of Eugene finds that:
A. The City has a responsibility to provide its voters
with accurate and objective information on election measures of
municipal concern.
B. state law imposes restrictions upon certain political
activities of public employees while on the job during working
hours, or utilizing public facilities for such activities while
on the employee's own time.
C. City employees are often called upon to assist in the
preparation of factual data for voter materials on election
measures as part of their employment. Because it is sometimes
difficult to differentiate between what constitutes factual data
and the expression of an advocacy position, processes should be
established to ensure compliance with election laws and
principles of fair play.
NOW, THEREFORE ,
IT IS HEREBY ORDERED BY THE CITY MANAGER OF THE CITY OF
EUGENE, OREGON, as follows:
Section 1. Based upon the above findings, which are adopted
herein, Section 3-213 of the City of Eugene Administrative
Policies and Procedure Manual is repealed and a new Section 3-213
is adopted to provide:
3-213
Political Activitv and provision of Election
Materials.
3-213.1 Employees may assist in the
preparation of voter materials on election
measures when directed to do so by their
Department Head or the City Manager. Prior to any
involvement by a city employee in such activities,
the employee shall be given a copy of this Section
3-213.
3-213-2 Information materials about election
measures prepared by the city for release to the
general public shall be educational and not
promotional, balanced and review the relevant
principal effects of adoption of the measure, with
careful consideration of such factors as style,
tenor and timing.
Administrative Order - 1
3-213.3 The provision of information should
not be timed to create controversy immediately
prior to an election.
3-213.4 Use of bombastic verbiage or extreme
statements in municipal publications on ballot
measures should be avoided.
3-213.5 If a forum is made available by the
city to those on one side of an issue, it must be
provided on the same terms to their opponents.
3-213.6 If editorials are printed in
neighborhood newsletters on a particular issue,
there must be sufficient time for opponents of
that perspective to publish a rebuttal or their
views must be solicited for publication at the
same time.
3-213.7 If the Council votes to endorse or
oppose a particular ballot measure after
presentation to it of both sides of the issue, no
special advertisement of that vote beyond public
action in the minutes and the like shall occur.
3-213. 8 City employees are free to express
personal political views on their own time. They
may not, however, while on the job during working
hours, promote or oppose the nomination or
election of a candidate, the adoption of a
measure, or the recall of a public office holder.
They may not solicit money, influence, service or
anything of value in this regard during working
hours. This prohibition also includes the wearing
of campaign buttons. No person may command or
require such aid or promotion by public employees.
ORS 260.432 (1) (2) . It is also inappropriate to
use a City office or City equipment for political
work even if an employee is on his/her own time,
i.e., on a break or at lunch.
These prohibitions are not intended to
restrict employees' rights to express personal
political views and to participate in ballot
counting and election work while off the job.
3-213.9 If a city employee wishes to engage
in advocacy with respect to a ballot measure or
candidate during a time that the employee is
normally working, the employee must request leave
in advance and obtain authorization to take
vacation time or unpaid leave for that period of
time.
Administrative Order - 2
3-213.10 All city informational materials on
election measures for public distribution shall be
reviewed under the criteria set forth above by the
City Attorney's Office prior to distribution or
publication. No distribution or publication shall
occur until issuance of a City Attorney opinion
certifying that distribution of the materials will
not violate state law.
3-213.11 Violation of these guidelines may
subject an employee to disciplinary action.
Section 2 · This Administrative Order shall be effective
immediately. A copy of this Order shall be provided to each
Department Head, who shall be responsible for notifying employees
of his/her Department of the contents hereof.
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Issued and adopted this ~ day of Febru~ry, 1988.
Administrative Order - 3