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.
Article 2Political Activities of School Officers and Employees
Section § 7050
This law states that the rules regarding political activities by school employees are so important that they override any local government rules and apply statewide. This means local areas can't make their own laws on this issue.
political activities school employees statewide concern local government rules overriding local laws education employees statewide rules local charters state authority supersession of local provisions school district governance public school staff regulations school employee rights state jurisdiction over schools education sector policies
Section § 7051
This law applies to all officers and employees who work for local educational agencies, which include local school districts and community college districts. It also includes those who mainly provide services to these agencies, even if they are employed by a different local agency.
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.
local agency officers employees county superintendent schools elementary district high school district unified school district community college district providing services educational services inter-agency employment local public schools school districts community colleges
Section § 7052
This law states that officers and employees of local agencies in California are generally free to participate in political activities. However, there might be specific restrictions if required by federal law or other parts of this article.
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.
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Section § 7053
This law states that individuals who hold or are pursuing a position in a local government office cannot use their power or influence to offer, promise, or threaten job-related benefits or changes in order to manipulate someone's political actions or votes. This includes not only offering rewards but also blocking opportunities if someone doesn't comply. Essentially, it's illegal to use a government position for political bribery or coercion within any local agency.
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.
political bribery influence local agency employment coercion political manipulation job-related benefits threats power abuse political actions vote manipulation local government office political coercion employment influence corrupt conditions
Section § 7054
This California law says that school districts and community college districts can't use their resources to promote or oppose any political candidates or ballot measures. However, they can use resources to inform the public about the impact of a bond or ballot measure if the information is fair, balanced, and legally authorized. If someone breaks this rule, they could face criminal charges, including fines or imprisonment.
(a)CA Education Code § 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)CA Education Code § 7054(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)CA Education Code § 7054(b)(1) The informational activities are otherwise authorized by the Constitution
or laws of this state.
(2)CA Education Code § 7054(b)(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)CA Education Code § 7054(c) A violation of this section shall be a misdemeanor or felony punishable by imprisonment in a county jail not exceeding one year or by a fine not exceeding one thousand dollars ($1,000), or by both, or imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or two or three years.
school district funds community college district ballot measures political candidates public resources informational activities impartial presentation electorate misdemeanor felony bond issue support or defeat penalties election laws public information
Section § 7054.1
This law allows school or community college district officers or board members to talk to community groups about why the district wants to hold an election for bond issues. They can also answer any questions from the community about these bond propositions.
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.
school district bonds community college bonds officer appearances board member discussions citizens' group inquiries bond election discussions bond proposition explanations response to public inquiries school bond elections community engagement bond issuance governing board elections voter propositions
Section § 7055
This law allows local agencies to set rules about political activities. They can decide if their officers and employees can engage in politics while on the job and regulate political activities at their workplace.
The governing body of each local agency may establish rules and regulations on the following:
(a)CA Education Code § 7055(a) Officers and employees engaging in political activity during working hours.
(b)CA Education Code § 7055(b) Political activities on the premises of the local agency.
local agency governance employee political activity working hours restrictions political activity regulations workplace political rules political engagement policies agency premises rules employee conduct political activity at work local agency authority
Section § 7056
This law explains that local agency employees can ask for or receive political contributions to support or oppose ballot measures about their work conditions, like pay or hours. However, they can't do this during work hours or on agency property while on the clock. Recognized employee groups can collect political funds or contributions on school or college property, as long as it’s during non-working time, which is the time they're not officially working, like before or after school, or during break times.
(a)CA Education Code § 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)CA Education Code § 7056(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.
political contributions ballot measure local agency employees working conditions work hours nonworking time employee organization school district property community college district luncheon period scheduled work intermittency promote or defeat rate of pay retirement conditions
Section § 7057
This law ensures that no one working in a classified government job, or waiting for such a position, can be hired, fired, moved, or treated differently based on their political beliefs or actions.
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.
classified service eligibility list political acts political opinions political affiliations employment discrimination hiring practices job protection government jobs demotion removal appointment political discrimination workplace fairness employee rights
Section § 7058
This law states that as long as everyone gets a fair chance to use it, a school or community college can allow a public space under its control to host discussions or events involving different viewpoints.
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.
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