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HomeMy WebLinkAboutMINUTES - 12171996 - D9 D.9 TO: BOARD OF SUPERVISORS IOC-08 Contra FROM: INTERNAL OPERATIONS COMMITTEE o / ` 's Costa x� :oa County DATE: December 16, 1996 REPORT ON CURRENT POLICIES ON POLITICAL ACTIVITIES IN SUBJECT: COUNTY BUILDINGS AND ON THE MEANS BY WHICH SUCH POLICIES ARE DISSEMINATED TO COUNTY EMPLOYEES SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. DIRECT the Director of Human Resources to prepare a comprehensive policy on regulating political activities in County buildings and on the means by which such policies are disseminated to County employees and forward such a comprehensive policy to the 1997 Internal Operations Committee as soon as possible in January 1997. 2. DIRECT the Director of Human Resources to undertake informal consultation with appropriate employee organizations, with Common Cause, and with the District Attorney on the proposed policy before returning it to the Internal Operations Committee. "Informal consultation" is not necessarily the same as complying with formal meet and confer obligations which we understand may have to be complied with prior to the implementation of such a policy by the Board of Supervisors. 3. RE ST t County Counsel to provide the 1997 Internal Operations Committ t the time it considers this matter in January with an opinion regardin the r of attempting to detail all prohibited political activities in County uildings in a statement. 4. AUTHORIZE the Director of Human Resources to advise employees with their January 10, 1997 paychecks of the revisions to Administrative Bulletin # 405, as outlined in the Director of Human Resources' attached report to our Committee. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER dM_�Rl SIGNATURE(S): GAABI ACTION OF BOARD ON December 17 1996 APPR ED AS RECOMMENDED OTHER X APPROVED recommendations Nos, 1, 2, 4 and 5 as set forth above in the Internal Operations Committee report; and DELETED recommendation No. 3. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: I, III, IV & V NOES: None AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: None ABSTAIN: -11 OF SUPERVISORS ON THE DATE SHOWN. ATTESTED December 17 1996 Contact: PHIL ATCH LOR,CLERK OF THE BOARD cc: County Administrator S VI ..SAND CO NTY ADMINI RAT R Director of Human Resources r County Counsel BY D UTY � 1 7 IOC-08 5. REMOVE this item as a referral to the 1996 Internal Operations Committee and instead REFER this subjeot matter to the 1997 Internal Operations Committee. BACKGROUND: On September 9, 1996, our Committee discussed this subject, but did not come to any conclusion as to what we wanted to recommend to the Board. We discussed the subject again on September 16, 1996 and asked staff for additional information. On November 18, 1996, our Committee further discussed this subject. At the conclusion of that discussion, the Director of Human Resources was asked to report back on the current policies of County departments on political activities in County buildings and on the means by which such policies are disseminated to County employees. On December 16, 1996, our Committee met with Leslie T. Knight, Director of Human Resources; Eileen Bitten, Assistant Director of Human Resources, and Arthur Walenta, Assistant County Counsel. Ms. Knight reviewed the attached report with our Committee. Supervisor Bishop advocated a countywide policy which would prohibit political activity while in uniform. She also advocated a policy which detailed prohibited behavior in County buildings and urged that County employees be required to sign a statement acknowledging their understanding of the types of behavior that were prohibited. Supervisor Rogers expressed his concern that simply signing a piece of paper when it is among a variety of papers signed by a new employee would not accomplish the desired results. He also suggested that what was needed was a comprehensive policy that addressed a variety of topics and could serve as a policy document. He suggested that an across-the-board policy be prepared and returned to the 1997 Internal Operations Committee at its first meeting in January. He noted the need to educate employees to the Board's policy directions. Following further discussion of this issue, our Committee has agreed on the above recommendations. -2- Contra . Human Resources Costa i Department O1i401' Third Floor,Administration Bldg. County '•' ti�F 651 Pine Street °° U ; `� Martinez,California 94553-1292 DATE: December 11, 1996 TO: Internal Operations Committee FROM: Leslie T. tbirector of Human Resources SUBJECT: Report on Current Policies of County Departments on Political Activities BACKGROUND At the Committee's meeting of November 18, 1996, staff was directed to contact County departments to determine what current policies they have concerning political activities and how they are distributed to County employees. FINDINGS The Human Resources Department has contacted 20 County Departments which employ approximately 6,277 employees. (Attachment A.) Of the departments contacted, two have a specific policy additional to the County Administrative Bulletin. The Sheriff's Office policy (Attachment B) provides restrictions concerning: • solicitation of political contributions • use of official position to influence others • pursuit of political activities during official duty • engaging in political activities while in uniform The policy is contained in the department's policy manual and is communicated to all employees. The Superior Court has a policy on political activity included in their Personnel Handbook which is distributed to all new employees at the time of hire. The policy (Attachment C) covers prohibitions such as solicitation of political contributions on County time and the use of an employee's position or authority for political purposes. r Internal Operations Committee Page 2 December 11, 1996 The remaining departments contacted follow the County policy as set forth in the Administrative Bulletin on Political Activity supplemented by memos and flyers circulated to employees. Eight of the departments stated that they circulate or post a copy of the District Attorney's memo dated 1989, revised 1994 (Attachment D) to their staff at election time. Most recently, departments have circulated and posted Mr. Batchelor's October 24, 1996 memorandum to all County Departments (Attachment E). Other methods of dissemination used by departments include information given at staff meetings, responses to specific questions, use of E-Mail, and postings on employee bulletin boards. CONCLUSION In order to ensure-that all employees are aware of the Board's policy, the Human Resources Department will arrange for a copy of Administrative Bulletin No. 405 to be distributed to all employees in January. The Bulletin will include the following Board requirement: "Pursuant to Government Code Section 3207, except as may be required by constitutional rights to freedom of speech, no funds, employee or other services, supplies, equipment, or other personal or real property of Contra Costa County or of any other agency governed by the Contra Costa County Board of Supervisors shall be used for the purpose of supporting the election or defeat of any elected public officer or candidate for public office." Implementation of the Board's policy may be subject to future meeting and conferring with recognized employee organizations. LTK/EKB:do cc: Phil Batchelor (L-ML12:ioc.pa) pq ATTACHMENT A DEPARTMENTS CONTACTED TO IDENTIFY POLITICAL ACTIVITY POLICY Animal Services Department Assessor Auditor-Controller Building Inspection Department Community Development Department Community Services Department County Administrator's Office County Counsel District Attorney General Services 'Department Health Services Department Human Resources Department Library Municipal Court Administration Probation Department Public Defender Public Works Department Sheriff-Coroner Social Services Department Superior Court ATTACHMENT B ` Contra Costa County Sheriffs Office 1995-1996 Policies and Procedures c. The contents of any criminal record or record of a SIGNING PETITIONS. Employees of the Department shall complaint or investigation conducted by the Department shalt not sign any petition,as an employee of the Department, be disclosed only in compliance with Section 44.3 except by authority of the SheriffCoroner. "Dissemination of Law Enforcement Information"of this POLITICAL VIEWS. Employees of the Department shall not manual. engage in political discussion to the detriment of Department ACCESS TO AND USE OF RECORDS AND FILES operations. (11/84) a. Information contained in the records and files of this department or records and files available to this department 4-3.18 CRIMINAL SUBPOENAS AND COURT because of its status as a law enforcement agency,are for the PROCEDURES official use of law enforcement/criminal justice agencies only. POLICY. Criminal Subpoenas shall be processed and b. "Official use"shall be broadly construed to mean that an served on Department employees in an expeditious manner. inquiry into a record or file or the use of any information Department employees shall regard themselves as officers of obtained from such records and files is either required or is the court when called to testify,and will treat the court and helpful in accomplishing the objectives or mission of this or court officers with respect. another taw enforcement or criminal justice agency. c. Inquiring into such records or files or using any REFERENCE. California Penal Code information from them for personal reasons is prohibited. An example of unauthorized use would be requesting vehicle GENERAL registration information in order to be able to contact the CRIMINAL SUBPOENAS. Criminal subpoenas for owner to inquire about purchasing the vehicle. Another employees are generally received from the County District example would be looking in the name index to determine if an Attorney's Office,however some municipal courts provide acquaintance has a criminal record. computer printout subpoenas in traffic matters. DUTY TO REPORT INFORMATION COURT ATTENDANCE a. Employees shall accurately report any information given a. All employees subpoenaed in cases before the court in good faith by any member of the public regarding matters shall be punctual in attendance. which indicate the need for action by the Department. b. Clothing worn to court shall consist of one of the b. Employees shall accurately report any situation following: observed by them that indicates the need for action by the (1) Full Uniform Department. (2) Male Employees-business suit and tie or sport coat, FALSE INFORMATION. Employees shall not knowingly or slacks and tie. willfully enter or cause to be entered any inaccurate,false,or (3) Female Employees-dresses,business suits or improper information or material matter into any Department pantsuits. books,records or reports. c. When giving testimony,employees will speak calmly REMOVAL OF OFFICIAL RECORDS. Employees shall not and explicitly in a clear,distinct and audible tone,so as to be remove any official record of the Department and/or copies easily heard by court and jury. They shall testify with the thereof,unless directed by their supervisor or under due strictest accuracy and will neither suppress nor overstate process of law. (7/87) circumstances with the objective of favoring or discrediting anyone. 4-3.17 POLITICAL ACTIVITIES REFUSAL TO TESTIFY. Any employee appearing before POLICY. Political activities shall not be allowed to interfere any of the below listed bodies who invokes his/her with Department operations nor reflect on the Department's constitutional privilege and refuses to testify or provide professional image. requested information may be subject to the Corrective Counseling System or Personnel Management Regulations. REFERENCE. California Government Code.Title 1,Division a. Any competent investigative body. 4,Chapter 9.5 section 3200 et.seq.;section 3300 et.seq. b. A judicial tribunal c. A hearing board GENERAL d. A person authorized to take testimony POLITICAL ACTIVITY RESTRICTIONS. Political activity is restricted only as provided by statute or for conduct that may PROCEDURE 1 reflect on the Department. The following restrictions apply to CRIMINAL SUBPOENA PROCESS-RECEIVING all employees. SUBPOENAS (1) Employees shall not directly or indirectly engage in the a. All criminal subpoenas for employees are received by solicitation of political contributions from fellow employees the Patrol Division subpoena clerk. while on duty or on county property. b. The Patrol Division subpoena clerk then distributes (2) Employees shall not use their official influence to them to the appropriate division. compel political action or non-action. c. Divisional subpoena clerks log these subpoenas and (3) Employees shall not engage in the pursuit of political distribute them for service. purposes during those hours the employee should be dis- charging their official duites. PROCEDURE 2 (4) Employees shall not engage in political activities while CRIMINAL SUBPOENA PROCESS-SERVING wearing the uniform of the Department. SUBPOENAS CONTACT WITH BOARD OF SUPERVISORS. Employees a. The service of a subpoena to an employee shall who are not representatives of recognized employee relations normally be done by the employee's immediate supervisor. groups shall not approach the Board of Supervisors or its However,the Division Commander may designate additional employees concerning legislative or policy matters pertaining employees to also serve subpoenas. to the Sheriff-Coroner's Department without the permission of b. At time of service,a copy of the subpoena,or a notice the Sheriff-Coroner. Nothing in this policy shall be construed of subpoena,will be given to the employee named on the to deny the right of access to any county board or commission subpoena. The person making the service will sign and date by representatives of recognized employee organizations. the proof of service on the original. 1995.1996 .Policies and P Ede dures 45 ATTACHMENT C Pq suP'ERIOR COURT Contra Costa County Conflict of Interest and Incompatible Interests 15.5 Contra Costa County Superior Court Conflict of Interest Code The Superior Court of Contra Costa County adopts this conflict of interest code under section 87300 of the Govern- ment Code and incorporates by reference California Adminis- trative Code, Title 2, Section 18730 ("standard code") and any amendments to it. A. Place of filing �tatem nts of economic interests. Pursuant to section 4 (c) of the standard code, designated employees shall file statements of economic interests with the Superior Court Executive Officer Contra Costa County. Judicial positions, excepting referees, shall file statements of economic interest with State. B. Appendices to the Stan rd' code. The Superior Court of Contra Costa County adopts the following appendices to the standard code: C. Appendix A. Designated Employees Position Disclosure Category Executive Officer 1, 2 Assistant Executive Officer 1, 2 Court Services Manager I, II, III 1, 2 Systems Specialist 1, 2 Discovery Referee 1, 2 Family Support Referee 1, 2 Juvenile Referee 1, 2 Alternative Dispute Resolution Coordinator/Director 1, 2 Probate Attorney 3 Supervising Research Attorney 3 Research Attorney 3 Personnel Rules Effective: March 1, 1992 Chapter 15 - 3 - Revised: October 3, 1994 SUPERIOR COURT Contra Costa County conflict of Interest and Incompatible Interests Pq 15.5 Contra Costa County Superior Court Conflict of Interest Code Continued D. AMendix B Disclosure Categories Category 1. Employees assigned to this disclosure category shall report interests in real property located within Contra Costa County or within two (2) miles of Contra Costa County. Category 2. Employees assigned to this disclosure category shall report investments in and income from business entities engaged in the manufacture, sale, lease, or provision of supplies, materials, equipment, real property, and services of the type used by this Court. Category 3. Employees assigned to this disclosure category shall report all investments, sources of income, interests in real property, and positions in business entities as follows: If during a reporting period a designated employee did not participate in, or was not required to disqualify himself or herself from participating in, a case or other assignment in which he or she had a financial interest as defined by section 87102 of the Government Code, the employee shall sign a statement to that effect under penalty of perjury. This statement shall be filed as the state- ment of economic interests required by section 4 (c) of the standard code. An employee who disqualified himself or herself from participating in a case or assignment in which he or she had a financial interest shall disclose the case or assignment and the disquali- fying interest and file the statement with the Court Executive Officer. 15.6 Political Activities Generally all employees have the right to participate in or refrain from participating in political activities. No restrictions shall be made on an employees right to vote, to express an opinion in any political matter, or partici- pate in non-partisan political activities. Other participa-' tion in political activity is controlled by the Government Code and the Federal Hatch Act. Personnel Rules Effective: March 1, 1992 Chapter 15 - 4 - Revised: October 3, 1994 SUPERIOR COURT Contra Costa County conflict of Interest and incompatible Interests YYY 15.7 Prohibited Activities (Government Code 3201 et seq. ) A. Court employees cannot solicit contributions, signatures, or other forms of support for political purposes while on duty or during working hours. B. An employee may not knowingly solicit or receive political contributions from fellow employees, County employees, or from person (s) on Court or County employ- ee lists. (Exceptions: soliciting funds for passage or defeat of a ballot measure affecting the pay, hours, retirement, merit/civil service, or other working conditions of Court or County employees is permitted. ) C. Court employees cannot use their official authority or influence or otherwise identify themselves as Court employees when soliciting political contributions from the general public after working hours. D. Court employees may not use official authority or influence to interfere with any election. This in- cludes any direct or indirect promise of favors or threat to withhold favors in return for votes or political influence or action. E. An officer of the Court may not favor or discriminate against any Court employee or person seeking Court employment because of his political opinions or affili- ations. F. Due to constant changes in the laws, all inquiries regarding political activities should be directed to the Appointing Authority or designee. 15.8 Restrictions under the Hatch Act A. This act is a set of provisions in the United States Code (Title 5, Chapter 15, USC, 1501 et seq. ) which governs the partisan political activities of state or local agencies whose principal employment is in connec- tion with an activity which is financed in whole or in part by loans or grants made by a federal agency. Persons-who exercise no functions in connection with a federally_ funded activity are not subject to the reUllations of the Hatch Act. B. Within the Court the following classifications may be partially financed by federal funding: Family Support Referee and Court Services Clerk IV (Legal Technician) when assigned to support the Family Support/Family Law Function. Personnel Rules Effective: March 1, 1992 Chapter 15 - 5 - Revised: October 3, 1994 8UPERIOR COURT Contra Costa County conflict of Interest and Incompatible Interests aq 15.8 Restrictions under the Hatch Act Continued C. Under the Hatch Act, a covered Court officer or employee may not: 1. Use his official authority or influence for the purpose of interfering with affecting the result of an election or nomination for office. 2. Directly or indirectly coerce, attempt to coerce, command or advise another employee to contribute anything of value to a party, committee, organiza- tion, agency or person for political purposes. 3. Be a candidate for partisan elective office. 15.9 Permitted Political Activities Court employees unless otherwise prohibited by sections 15.7 and 15.8 are Rermitted to: A. Vote; B. Express opinions on all political subjects and candidates; C. Take an active part in partisan and/or nonpartisan political campaign activities which, for example, could include but are not limited to the following: 1 . Take an active part in the political management of political campaigns; 2. Hold an office in a political party, organization, or club; 3. Serve as a delegate alternate or proxy to a political convention; 4 . Circulate nominating petitions for a partisan and nonpartisan election; 5. Transport voters to the polls as part of the effort of a candidate or political party to win an election; Personnel Rules Effective: March 1, 1992 Chapter 15 - 6 Revised: October 3, 1994 SUPERIOR COURT Contra Costa County ! Conflict of Interest and Incompatible Interests j 15.9 Permitted Political Activities Continued 6. Serve as a check, watcher, or challenger for a political party or a party candidate in an elec- tion; 7. Do volunteer work for a candidate, campaign committee, or political party or nomination convention of a political party; 8 . Serve as an election officer; 9. Be a member of a political party, club or organization; 20. Attend a political convention as a spectator; 11 . Sign nomination petitions; 12. Make voluntary financial contribution to a political party; 13. Participate actively in connection with nonpartisan ballot measures; 14 . Be a candidate in a partisan or nonpartisan JOINcampaign, at the national, state or local level. r� Personnel Rules Effective: March 1, 1992 Chapter 15 - 7 - Revised: October 3, 1994 1 1 ' Gary T.Yancey ATTACHMENT .D � District Attorney OFFICE OF THE FFO 1 0 1994 CONTRA COSTA COUNTY DISTRICT ATTORNEY OFFICE OF COUNTY ADMINISIP� TO: All Deputy District A meys, Investigators, and Office Managers FROM: Gary T. Yancey District Attomey DATE: December 15, 1989 REVISED: February 8, 1994 SUBJECT: Political Campaigns and This Office The election year is upon us. 'There are many issues and campaigns of great interest to all of us, including.the Three Strikes and You're Out Initiative. It is my position that every individual working in this office has the right to express his/her opinion in support of or in opposition to any political candidate, cause, or issue as their respective consciences or self-interests dictate. However, please bear in mind that the expenditure of public funds (whether in the form of services, supplies, or facilities) for partisan political purposes is unlawful. Such expenditures could subject the individuals involved to both civil and criminal liability; therefore, do not utilize County supplies, facilities, or working hours for partisan or non-partisan political purposes. GTY:pd ADMINMMOCIFEB94 cc: "Phil Batchelor County Administrator Victor J. Westman County Counsel ATTACHMENT E OFFICE OF THE COUNTY ADMINISTRATOR CONTRA COSTA COUNTY Administration Building 651 Pine Street, 11th Floor Martinez DATE: October 24, 1996 TO: ALL DEPARTMENT HEADS FROM: Phil Batchelors;County Administrator SUBJECT: USE OF PUBLIC FACILITIES, FUNDS, SERVICES OR SUPPLIES FOR POLITICAL CAMPAIGNS IS PROHIBITED As we move closer to the election, it is essential that all necessary steps be taken to insure that employees are reminded that, as the District Attorney has told his staff, ". . . the expenditure of public funds (whether in the form of services, supplies, or facilities) for partisan political purposes is unlawful" and that, "such expenditures could subject the individuals involved to both civil and criminal liability." Attached is a copy of the District Attorney's memo to his staff on this subject. These prohibitions apply to both partisan and nonpartisan campaigns. It is important that all employees are aware of these prohibitions and that appropriate action is taken in any instance where it appears that these prohibitions have been violated. PB:amb MIIIa21-96 Attachment cc: Supervisor Jeff Smith Supervisor Jim Rogers Supervisor Gayle Bishop Supervisor Mark DeSaulnier Supervisor Tom Torlakson Supervisor-Elect Joe Canciamilla D.9 December 12, 1996 MEMBERS, BOARD OF SUPERVISORS THE REPORT FROM THE INTERNAL OPERATIONS COMMITTEE ON ITEM D.9, HAVING TO DO WITH THE CURRENT POLICIES OF COUNTY DEPARTMENTS ON POLITICAL ACTIVITIES IN COUNTY BUILDINGS AND ON THE MEANS BY WHICH SUCH POLICIES ARE DISSEMINATED TO COUNTY EMPLOYEES, IS NOT IN THE BOARD PACKET. THE COMMITTEE IS CONSIDERING THIS ITEM ON MONDAY, DECEMBER 16, 1996 AND HOPES TO BE ABLE TO REPORT IT BACK TO THE BOARD OF SUPERVISORS ON TUESDAY, DECEMBER 17, 1996 IN ORDER TO CLEAR OUT ALL OF ITS REFERRALS THIS YEAR. UNDER THE TERMS OF THE BROWN ACT AND THE BETTER GOVERNMENT ORDINANCE, IT WILL REQUIRE A 4/5 VOTE OF THE BOARD TO TAKE UP THIS REPORT SINCE IT WAS NOT AVAILABLE TO THE BOARD AND THE PUBLIC 96 HOURS IN ADVANCE OF ITS BEING CONSIDERED. Claude L. Van Marter Assistant County Administrator to/ '0- rFs^ California R EC_ , F7 , Fair Political say zQs 2 °. ..o.N�- Practices Commission Amd.______ January 29 , 1992 Friends of Supervisor Sunne McPeakRECEIVED Attn: Karen Mitchoff 2301 Stanwell Drive DEC 1 7 pop Concord, CA 94520 Dear Ms. Mitchoff: CLOK BOARD OF�l80W§j COKMCBSTACO, We have received your request on behalf of Friends of Supervisor Sunne McPeak, for Commission authorization to use a computer generated format for campaign statement Form 490, Schedule A. Your proposed format is APPROVED. In order to provide verification to your filing officers, a copy of this letter should be attached to every campaign statement filed by the committee. Commission authorization for use of a computer generated format for campaign statement pages is limited by the following: Only the computer format in the sample schedule(s) submitted are authorized for use by your committee. If you wish to use a computer generated format for any other schedule, it must also be submitted for authorization. Any substantive changes to the format of a previously approved schedule must be resubmitted for authorization before it can be used. The committee is still responsible for -ensuring that its system correctlyaccounts for and accurately processes all information required_ by the Political Reform Act. Commission approval does not relieve the committee treasurer of his or her duties under- the Act to maintain detailed accounts and to verify and sign campaign statements. An annual review of your computer program should be conducted to ensure that all changes to the Political Reform Act and Commission regulations are incorporated. If you have any questions please call me at (916) 322-5162 . Sincerely, �\ Kim M. Taylor Staff Services Analyst G Technical Assistance & Analysis Division { Straight Talk As Supervisor, Sue McNulty Rainey will serve us =u with honesty, commitment and determination. Unlike so many politicians today, Sue knows our elected Representatives work for us, not the other way around. � Sue will represent the 3rd Supervisorial District well because she is: Not beholden to special interest environmental groups Not beholden to organized labor interests Opposed to excessive fees and regulations n I1 p ' Opposed to binding arbitration = Opposed to government prevailing wage mandates on the business community i ^ n, And Sue is dedicated to: quality Preservation of our ualit of life NCR 1 y S' .+Y • Protection of our neighborhoods, our schools and the property of our people t� More efficient, more effective use of our tax dollars • Open communication between County Government and those it serves • An improved transportation system. ' I RECEIVED DEC 1 719