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Legal refresher: City attorney and BBK counsel outline dos and don’ts for campaign activity in city settings
Summary
Outside counsel Jim Priest told council and staff that officials may not use public resources for campaign activity, explained the 'private‑citizen vs. public‑servant' hat distinction, described limits on campaigning in council chambers and uniformed employees, and warned of recusal risks when officials comment on specific cases.
City legal counsel and outside counsel gave Los Banos elected officials and staff a comprehensive review of election‑law boundaries during a training session on July 1.
"The general rule is that city officials and city employees cannot use public resources for campaign‑related purposes," said Jim Priest of BBK, the outside attorney invited by the city attorney. Priest walked through common scenarios: using city email or social accounts for advocacy, handing out campaign materials at city‑paid events, and uniformed personnel appearing in campaign mailers.
He explained the difference between acting as a private citizen and acting as a public servant: when officials are performing city duties or using city facilities or equipment, campaigning or advocating for a candidate or ballot measure is off‑limits. Council chambers function as a limited public forum, Priest said — the chamber allows political expression only so long as it relates to the business being transacted; direct advocacy ("vote for/against") from the dais would exceed the forum’s scope.
Priest also addressed practical questions from councilmembers about contributions and event etiquette. He advised officials to avoid soliciting contributions at city facilities and to be mindful that wearing city‑issued clothing or a city‑paid shirt while engaging in campaign activity can be treated as using public resources.
City Attorney Mary Lerner and Priest answered audience questions about the city’s reliance on state contribution limits, when employees must recuse from decisions after public statements, and how to handle endorsements or campaign conversations at public events. Priest recommended simple disclosures — e.g., "This is my opinion; the city is neutral" — when officials engage in private political advocacy in public spaces to avoid confusion about the city’s official position.
