SECTIONS 7050-7058 - California Statutes

EDUCATION CODE

SECTION 7050-7058

7050. The Legislature finds that political activities of school
employees are of significant statewide concern. The provisions of
this article shall supersede all provisions on this subject in any
city, county, or city and county charter as well as in the general
law of this state.

7051. This article applies to all officers and employees of a local
agency.
"Local agency" means a county superintendent of schools, an
elementary, high, or unified school district, or a community college
district.
Officers and employees of a given local agency include officers
and employees of any other local agency whose principal duties
consist of providing services to the given local agency.

7052. Except as otherwise provided in this article, or as necessary
to meet requirements of federal law as it pertains to a particular
employee or employees, no restriction shall be placed on the
political activities of any officer or employee of a local agency.

7053. No one who holds, or who is seeking election or appointment
to, any office or employment in a local agency shall, directly or
indirectly, use, promise, threaten or attempt to use, any office,
authority, or influence, whether then possessed or merely
anticipated, to confer upon or secure for any person, or to aid or
obstruct any person in securing, or to prevent any person from
securing, any position, nomination, confirmation, promotion, change
in compensation or position, within the local agency upon
consideration or condition that the vote or political influence or
action of such person or another shall be given or used in behalf of,
or withheld from, any candidate, officer, or party, or upon any
other corrupt condition or consideration. The prohibitions of this
section shall apply to either urging or discouraging any political
action of an employee.

7054. (a) No school district or community college district funds,
services, supplies, or equipment shall be used for the purpose of
urging the support or defeat of any ballot measure or candidate,
including, but not limited to, any candidate for election to the
governing board of the district.
(b) Nothing in this section shall prohibit the use of any of the
public resources described in subdivision (a) to provide information
to the public about the possible effects of any bond issue or other
ballot measure if both of the following conditions are met:
(1) The informational activities are otherwise authorized by the
Constitution or laws of this state.
(2) The information provided constitutes a fair and impartial
presentation of relevant facts to aid the electorate in reaching an
informed judgment regarding the bond issue or ballot measure.
(c) A violation of this section shall be a misdemeanor or felony
punishable by imprisonment in the county jail not exceeding one year
or by a fine not exceeding one thousand dollars ($1,000), or by both,
or imprisonment in a state prison for 16 months, or two or three
years.

7054.1. Nothing in this article shall be construed as prohibiting
any administrative officer or board member of a school district or
community college district from appearing at any time before a
citizens' group that requests the appearance of the officer or board
member for purposes of discussing the reasons why the governing board
of the district called an election to submit to the voters of the
district a proposition for the issuance of bonds and for purposes of
responding to inquiries from the citizens' group.

7055. The governing body of each local agency may establish rules
and regulations on the following:
(a) Officers and employees engaging in political activity during
working hours.
(b) Political activities on the premises of the local agency.

7056. (a) Nothing in this article prevents an officer or employee
of a local agency from soliciting or receiving political funds or
contributions to promote the support or defeat a ballot measure that
would affect the rate of pay, hours of work, retirement, civil
service, or other working conditions of officers or employees of the
local agency. These activities are prohibited during working hours.
In addition, entry into buildings and grounds under the control of a
local agency for such purposes during working hours is also
prohibited.
(b) Nothing in this section shall be construed to prohibit any
recognized employee organization or its officers, agents, and
representatives from soliciting or receiving political funds or
contributions from employee members to promote the support or defeat
of any ballot measure on school district property or community
college district property during nonworking time. As used in this
subdivision, "nonworking time" means time outside an employee's
working hours, whether before or after school or during the employee'
s luncheon period or other scheduled work intermittency during the
schoolday.

7057. No person who is in the classified service or who is upon any
eligibility list shall be appointed, demoted, or removed, or in any
way discriminated against because of his political acts, opinions, or
affiliations.

7058. Nothing in this article shall prohibit the use of a forum
under the control of the governing board of a school district or
community college district if the forum is made available to all
sides on an equitable basis.