SECTIONS 3201-3209 - California Statutes

GOVERNMENT CODE

SECTION 3201-3209

3201. The Legislature finds that political activities of public
employees are of significant statewide concern. The provisions of
this chapter shall supersede all provisions on this subject in the
general law of this state or any city, county, or city and county
charter except as provided in Section 3207.

3202. This chapter applies to all officers and employees of a state
or local agency.
(a) "Local agency" means a county, city, city and county,
political subdivision, district other than a school district, or
municipal corporation. 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.
(b) "State agency" means every state office, department, division,
bureau, board, commission, superior court, court of appeal, the
Supreme Court, the California State University, the University of
California, and the Legislature.

3203. Except as otherwise provided in this chapter, 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 state or local
agency.

3204. No one who holds, or who is seeking election or appointment
to, any office or employment in a state or 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 individual person, or
to aid or obstruct any individual person in securing, or to prevent
any individual person from securing, any position, nomination,
confirmation, promotion, or change in compensation or position,
within the state or 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. This prohibition shall apply to urging or discouraging
the individual employee's action.

3205. (a) An officer or employee of a local agency shall not,
directly or indirectly, solicit a political contribution from an
officer or employee of that agency, or from a person on an employment
list of that agency, with knowledge that the person from whom the
contribution is solicited is an officer or employee of that agency.
(b) A candidate for elective office of a local agency shall not,
directly or indirectly, solicit a political contribution from an
officer or employee of that agency, or from a person on an employment
list of that agency, with knowledge that the person from whom the
contribution is solicited is an officer or employee of that agency.
(c) This section shall not prohibit an officer or employee of a
local agency, or a candidate for elective office in a local agency,
from requesting political contributions from officers or employees of
that agency if the solicitation is part of a solicitation made to a
significant segment of the public which may include officers or
employees of that local agency.
(d) Violation of this section is punishable as a misdemeanor. The
district attorney shall have all authority to prosecute under this
section.
(e) For purposes of this section, the term "contribution" shall
have the same meaning as defined in Section 82015.

3205.5. No one who holds, or who is seeking election or appointment
to, any office shall, directly or indirectly, offer or arrange for
any increase in compensation or salary for an employee of a state or
local agency in exchange for, or a promise of, a contribution or loan
to any committee controlled directly or indirectly by the person who
holds, or who is seeking election or appointment to, an office. A
violation of this section is punishable by imprisonment in a county
jail for a period not exceeding one year, a fine not exceeding five
thousand dollars ($5,000), or by both that imprisonment and fine.

3206. No officer or employee of a local agency shall participate in
political activities of any kind while in uniform.

3207. Any city, county, or city and county charter or, in the
absence of a charter provision, the governing body of any local
agency and any agency not subject to Section 19251 by establishing
rules and regulations, may prohibit or otherwise restrict the
following:
(a) Officers and employees engaging in political activity during
working hours.
(b) Political activities on the premises of the local agency.

3208. Except as provided in Section 19990, the limitations set
forth in this chapter shall be the only restrictions on the political
activities of state employees.

3209. Nothing in this chapter prevents an officer or employee of a
state or local agency from soliciting or receiving political funds or
contributions to promote the passage or defeat of a ballot measure
which would affect the rate of pay, hours of work, retirement, civil
service, or other working conditions of officers or employees of such
state or local agency, except that a state or local agency may
prohibit or limit such activities by its employees during their
working hours and may prohibit or limit entry into governmental
offices for such purposes during working hours.