Frequently Asked Questions about Political Activities of Public Employees

Are there limitations in state law on public employees’ political activities? Yes, in California’s Government Code, Title 1, Division 4, Chapter 9.5, there are sections of state law prohibiting specified political activities of public employees.

To whom does this state law apply? Government Code Section 3202 specifies that this section of law applies to all officers and employees of a state or local agency.

What does California law specify? As a general rule, no restriction is to be placed on the political activities of any officer or employee of a state or local agency.

What does state law provide? Government Code Section 3204 provides that “no one who holds, or who is seeking election or appointment to, any office or employment in a state or local agency is permitted, directly or indirectly, to 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 may be given or used in behalf of, or withheld from, any candidate, officer, or party, or upon any other corrupt condition or consideration.”

What are limitations imposed on local employees? Government Code Section 3205 prohibits “an officer or employee of a local agency from soliciting, directly or indirectly, 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.” Violation of this section is punishable as a misdemeanor.

Can public employees appear in uniform while engaged in political activity? Government Code Section 3206 specifies that no officer or employee of a local agency may participate in political activities of any kind while in uniform.

Can public employees engage in political activities at work? Section 3207 provides that any city, county, or city and county may prohibit or otherwise restrict officers and employees engaging in political activity during working hours, or political activities on the premises of the local agency.

Is there any rule regarding public employees and political contributions? Section 3209 specifies that an officer or employee of a state or local agency is not prohibited 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 their working hours.