Education vs. Advocacy on the Sales tax ballot measure: What you can and cannot say

Updated June 14, 2018
Education vs. Advocacy on the Sales tax ballot measure: What you can and cannot say
Now that the City Council has approved placing a ½ cent local sales tax on the November ballot, we should all expect to be asked questions about it from the public.

There are very clear rules as to what we as public employees can say or do in reference to the ballot measure, while on City time or while representing the City. In general:

On City time or in our City capacity, we cannot advocate for the measure. We can only educate with balanced, factual information.
We cannot use public funds, facilities or equipment (including City computers, City e-mail, and City phones) to advocate for the measure, even during our personal non-working hours (such as using a City cell phone during off-time to write a Facebook post in support of the measure).
We cannot reference our City positions or titles, or otherwise affiliate the City with our personal political speech, and cannot engage in political activity in City uniforms.
We may, however, advocate for the measure on our own personal time during non-working hours, with our own personal funds, facilities and equipment.
WHEN YOU’RE ON CITY TIME, here are a few examples of how to handle questions and comments from the public:

“I think a half-cent sales tax is a small price to pay. People should vote for this so their quality of life doesn’t deteriorate, don’t you agree?”

You can say: “When we asked the community, the majority of people preferred increasing revenue over cutting services.” *This information has been presented at public meetings, including City Council meetings, so it’s educational and informational, rather than advocacy.
You cannot say: “It’s not asking much to pay a few cents more to keep funding for [insert your favorite service here].” *This conveys an opinion and implies an advocacy position on how to vote.

“What will happen if the measure doesn’t pass?”

You can say: “The City will have to continue cutting or eliminating services and reduce standards to close the budget gap.” *This information has been presented in public settings, including City Council meetings, so it’s educational and informational.
You cannot say: “I don’t even want to find out, that’s why I’m hoping everyone votes for it.” *This conveys a preference and implies an advocacy position on how to vote.

“I hate new taxes. The City needs to cut pay and pensions and make sure things are running efficiently instead of always running to voters to solve their problems.”

You can say: “You can visit EngageRoseville.com for answers to some of your concerns about the City’s budget history and its cost-cutting and efficiency efforts.”
OR  “As a service organization, our biggest expense will always be people. The City and labor groups have been working together for the past six years to reduce compensation. Employees are paying their full share of pension costs, compensation is set to median in the market, and the rate of increase has slowed.”

*These facts are in the City Manager’s Budget Message, newspaper columns, direct-mail flyers, and e-newsletters. It has also been presented in public settings, including City Council meetings, so it’s educational and informational.

You cannot say: “Well, I do, too, but this one is definitely one that we need.”
“How do you feel about the tax measure?”

You can say: “It is up to the voters to determine what level of taxes and services they want. As employees, we are not allowed to advocate on this measure during City time or using City resources.”
You cannot say: “You should vote for it. We really need it.”

WHEN YOU’RE NOT ON CITY TIME OR REPRESENTING THE CITY IN PUBLIC, you can answer all of the preceding questions however you’d like, using your personal equipment and funds. Outside of your employment, and without reference thereto, you have a First Amendment right to engage in political speech.

Some of these issues can be nuanced and complex. We all should anticipate a variety of misperceptions, false information, incorrect assumptions, and political philosophies to emerge in the time leading up to the November election. You can always direct people to EngageRoseville.com, where we will be positing a Q&A section that will be developed based on actual questions. They can also contact staff at [email protected] or (916) 774-5353 for further information or to ask questions.

When in doubt, say nothing, and just let people know that as employees, we are not allowed to express our political views during city time or using city resources. For more information, see these guidelines from the League of California Cities.

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