City officers and employees may participate in political activity. However, there are certain limits on when, where, and how they may engage in political activity. These rules help maintain separation between their roles with the City and their political activities. These rules also ensure City resources and staff time are not used for political purposes.
Restrictions on Political Activity for City Officers and Employees
Political activity is any activity that supports or opposes a candidate or ballot measure. It does not matter whether the candidate or measure has qualified yet to appear on the ballot.
State and local laws establish the following restrictions on political activity by City officers and employees. These City officials may not:
- knowingly, directly or indirectly, solicit political contributions from other officers or employees of the City or from persons on the City’s employment lists, unless the solicitation is made to a significant segment of the public that may only inadvertently include City officers or employees (See Cal. Govt. Code § 3205 and C&GCC § 3.230(a)).
- engage in political activity during working hours or on City premises. For purposes of this prohibition, the term “City premises” does not include property that is made available to the public and can be used for political purposes (See C&GCC § 3.230(c)).
- participate in political activities of any kind while in uniform (See Cal. Govt. Code § 3206, C&GCC § 3.230(b)).
Note: These rules do not prohibit City officials from making contributions to candidates or ballot measure committees using their own personal funds or otherwise engaging in political activity not on City time, on City premises, using City resources, or while in uniform.
Additional Rules for City Elected Officers and Members of Boards and Commissions
In addition to the general restrictions described above, City elected officers and members of boards and commissions are subject to the following rules found in Section 3.231 of the Campaign and Governmental Conduct Code:
Campaign Activity Involving Subordinate Employees
Elected officers and members of boards and commissions also may not request that any subordinate employee volunteer for any campaign for or against any ballot measure or candidate.
Fundraising for Appointing Authority
Members of boards or commissions (other than the Board of Supervisors) who are appointed to their seat may not fundraise for:
- their appointing authority,
- any candidate for the office held by their appointing authority; or
- any political committee controlled by their appointing authority.
For these purposes, a commissioner’s appointing authority is the official who currently holds the office with the authority to make appointments. For example, for a member of the Planning Commission who was appointed by a past Mayor, the commissioner’s “appointing authority” is the current Mayor.
Running for Elected Office
Appointed members of a board, commission, or other decision-making body established by the City’s Charter, must immediately forfeit their seat on the City board or commission once they file a declaration of candidacy for any State or City elective office (See San Francisco Charter § 4.101.1(a)).
Prohibition on Fundraising from Parties to Proceedings Before City Officers
State law prohibits elected officers, department heads, and members of boards and commissions from accepting, soliciting, or directing campaign contributions of more than $500 from persons who are parties to, or participants in, proceedings pending before them or that have concluded within the last 12 months. This includes contributions made to any candidate or campaign (See Cal. Govt. Code § 84308).
The City’s rules on political activity can be found in Sections 3.230 and 3.231 of the Campaign and Governmental Conduct Code, with related Ethics Commission regulations further clarifying the rules and certain exceptions. Additional information is summarized in the City Attorney’s memorandum on political activity by City officers and employees.
If City officers or employees have questions about how these rules may apply to them, they should contact the Ethics Commission for advice specific to their situation.