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HomeMy WebLinkAboutS02-City Attorney 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. /1/) I~-.v- 7.M,~ (/ Signature / . Contact person: James F. Penman Phone: 5255 Supporting data attached: Staff Report Ward: FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: . IFP led[UseCityReS{)urces.EIOflicials. wpd ('. ...... Agenda Item No. ,.) J.- q !/Cf/t)S- . . 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. . lFP /ed[U seCityResources.EIOfficials.srp. wpd]