Section § 3201

Explanation

This law states that the political activities of public employees are important for the whole state. It overrides any local or general rules regarding this topic, except where Section 3207 says otherwise.

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.

Section § 3202

Explanation

This law applies to all officers and employees working for state and local government agencies in California. It defines exactly what is meant by 'local agency' and 'state agency.' A local agency includes counties, cities and other political subdivisions, excluding school districts, and covers any agency's staff who mainly serve these entities. A state agency includes various entities such as state offices, departments, the university systems, courts, and the Legislature.

This chapter applies to all officers and employees of a state or local agency.
(a)CA Government Code § 3202(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)CA Government Code § 3202(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.

Section § 3203

Explanation

This section states that, generally, state and local agency officers and employees are not restricted from engaging in political activities. Exceptions might apply if specified elsewhere in the chapter or required by federal law for certain employees.

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.

Section § 3204

Explanation

This law prohibits anyone holding or seeking a position in a state or local government from using their power or influence to help or prevent someone else from getting a job, promotion, or pay raise as a way to influence votes or political actions. Essentially, you can't offer or threaten job-related benefits or detriments to get political favors from others.

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.

Section § 3205

Explanation

In California, local government employees or officers cannot ask their coworkers or people on the employment list for political donations if they know those people are part of the same agency. This rule also applies to candidates running for any local government office.

However, it's okay to ask for donations if the request is sent to a large group that just happens to include these individuals. Breaking this rule is a misdemeanor, and the district attorney is responsible for prosecutions. The term 'contribution' is defined further in another section.

(a)CA Government Code § 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)CA Government Code § 3205(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)CA Government Code § 3205(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)CA Government Code § 3205(d) Violation of this section is punishable as a misdemeanor. The district attorney shall have all authority to prosecute under this section.
(e)CA Government Code § 3205(e) For purposes of this section, the term “contribution” shall have the same meaning as defined in Section 82015.

Section § 3205.5

Explanation

If you're running for office or already hold a position, you cannot promise or organize any salary or pay increase for government employees in return for a contribution or a loan to your campaign. Breaking this rule can lead to up to a year in jail, a fine of up to $5,000, or both.

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.

Section § 3206

Explanation

This law means that if you're an officer or employee working for a local government agency, you can't engage in any political activities while wearing your uniform.

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

Section § 3207

Explanation

This law allows city or county charters, or their governing bodies, to set rules about when and where political activities can happen. Specifically, they can stop officers and employees from doing political work while on the clock or on agency property.

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)CA Government Code § 3207(a) Officers and employees engaging in political activity during working hours.
(b)CA Government Code § 3207(b) Political activities on the premises of the local agency.

Section § 3208

Explanation

This section states that, apart from exceptions mentioned in another section (Section 19990), the limitations on political activities for state employees are exclusively stated in this chapter. In other words, there are specific rules in this chapter that state employees must follow when it comes to engaging in political activities, and these are the only restrictions they need to be concerned with, unless Section 19990 applies.

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.

Section § 3209

Explanation

This law allows government employees to ask for or receive political contributions to support or oppose a ballot measure that affects their pay, work hours, retirement, or other job conditions. However, their workplace can stop or restrict these activities during work hours and can also limit such activities inside government offices during working hours.

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.