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City attorney warns council: staff cannot be directed to campaign once measure is filed
Summary
City Attorney Jeff Condit told the council that state rules (cited in the meeting) prohibit public employees from campaigning or using public resources once a measure is filed; elected officials may campaign personally but must avoid directing staff or spending public funds on campaigns.
The council received a legal briefing from Jeff Condit, the city attorney, on the limits that apply to public employees, staff, and elected officials once a ballot measure is filed with the county elections official.
Condit summarized the core restriction as a version of the so-called Little Hatch Act: "public employee can't be can't campaign or be coerced into campaigning for a measure or a candidate" and, crucially, the expenditure of public funds for campaign activity is prohibited. He warned that complaints to the Secretary of State—s office can result in fines or orders to repay misexpended funds, and that those penalties can be personal to officials if they direct staff to perform campaign tasks.
Condit also explained exceptions: elected officials may campaign in their personal capacity, and the city may provide nonpartisan, factual information about a proposed measure (for example, cost and uses for a levy) but must avoid promotional language that could trigger a complaint. He recommended submitting informational materials to the Secretary of State—s review service to reduce the risk of a complaint.
The briefing was given as the council considered preliminary ballot-titling, polling, and outreach for a potential local option levy related to fire and emergency services.
