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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
.om: JAMES F. PENMAN
City Attorney
Subject:
Use of City Resources By Elected Officials for
Political Purposes
Dept: CITY ATTORNEY
Date: September 15, 2005
MCC Date: September 19, 2005
Synopsis of Previous Council action:
Recommended motion:
That in order to assure the taxpayers that City resources and funds are not being used for campaign activity,
the City Council shall file a formal request with the Public Integrity Unit of the District Attorney's office requesting
an investigation of possible violations by any elected City officials' use of public resources for campaign activities
in violation of Penal Code Section 424 and Government Code Section 8314, and; furthermore, that the District
Attorney's office prosecute to the fullest extent of the law any violation.
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Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Report
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
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Agenda Item No. ,.) J.-
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STAFF REPORT
Council Meeting Date: September 19.2005
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
September 15, 2005
Use of City Resources By Elected Officials for Political Purposes
The California Constitution and a variety of State Statutes make it clear that public
resources, the taxpayer's money, cannot be expended for campaign activities. Such use
of public resources does not serve an official public purpose and is illegal. Penal Code
Section 424(a) makes it unlawful for a city officer to use public resources for his/her own
political purposes, and Government Code Section 8314 makes it unlawful for a city official
to use or permit others to use public resources for campaign activity. The misuse of public
resources not only prohibits the use of actual city dollars for campaign activity, it also
prohibits the use of anything of value belonging to the city for political purposes such as
equipment, supplies, compensated staff time, and the use of telephones, computers, and
fax machines, etc.
Notwithstanding the above, the incidental and minimal use of public resources, such
as equipment or office space, for personal purposes, including an occasional telephone
call, are by express language in the statute, not prohibited by Section 8314 of the
Government Code, and not subject to prosecution pursuant to Section 424 of the Penal
Code.
Over the last several months reports and rumors, some verifiable, some not, have
indicated that various elected officials may have used the City's resources, compensated
staff time, and City equipment, possibly including computers, telephones and faxes, for
their own, or others, campaign activities, or permitted others to use said resources for
campaign activities including, but not limited to, candidates supported or opposed by said
elected officials involving the campaigns for the offices of Mayor and Council Member.
Such alleged use of City resources for the campaign activities of elected officials or
candidates supported by elected officials may violate state law. As elected City officials
responsible for the City's budget, we have a duty to safeguard the taxpayer's dollars and
to insure that any illegal use of public resources is not allowed to continue.
Therefore, it is recommended that the Mayor and Common Council refer the issue
of the use of City resources by any elected City official(s) for campaign activities to the
Public Integrity Unit of the District Attorney's office.
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