In July, the U.S. Court of Appeals for the Ninth Circuit struck down a State statute that since 1976 prohibited local government employees from soliciting political contributions from their coworkers. The prohibition did not apply to State employees. The Court found that the State law violated the First Amendment by restricting the expressive rights of local government employees, and the State did not offer a sufficient basis for treating local employees differently from State employees. The City has a similar rule in Section 3.230(a) of the Campaign and Governmental Conduct Code that prohibits City officers and employees from soliciting political contributions from other City officers and employees. Ethics Commission Staff and the City Attorney’s Office have conferred and determined that the Court’s recent ruling does not invalidate the City’s local rule.
As the City prepares for the 2024 election cycle, the Ethics Commission would like to remind City officers and employees that the City’s local prohibition on soliciting political contributions from other City officers or employees remains in effect. City officers and employees are also prohibited from engaging in political activities while in uniform, during their working hours, or while on City premises (SEC. 3.230).
If you have questions regarding this, or other City rules, please contact the Ethics Commission for assistance at ethics.commission@sfgov.org.