Clark County adviser outlines electioneering rules and when commissioners must use disclaimers

Deputy prosecuting attorney Katie Joma told the Charter Review Commission that commissioners retain their First Amendment rights but must not use county facilities, staff or other taxpayer-funded resources to campaign for or against charter amendments.

"You cannot use public agency facilities, and that also does mean the resources associated with those facilities to support or oppose ballot measures," Joma said, adding that officials may present neutral factual information as part of the agency's regular conduct but must publicly disclaim personal opinions to avoid acting in an official capacity.

Joma walked members through examples distinguishing official duties from advocacy. She said a commissioner may explain factual developments — for example, that the commission passed nine proposed amendments on July 8 — but must switch to a personal-capacity statement and use personal accounts and devices before endorsing or advocating.

She advised commissioners to include a clear disclaimer when asked for a personal view: "I am simply giving my personal opinion on this; these views are not those of Clark County or the Charter Review Commission." The session included practical guidance slides and an offer that staff counsel will answer follow-ups when commissioners are uncertain about specific scenarios.

The briefing emphasized three practical tests for commissioners: (1) is the communication factual and neutral; (2) would taxpayers be paying for advocacy; and (3) if unsure, default to personal email and devices and state a disclaimer.