HomeMy Public PortalAboutOrd. 1561Ordinance No. 1561
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING
SECTIONS 18 -16, 18 -18, 18 -19 AND 18 -20 OF THE LYNWOOD MUNICIPAL CODE IN
THEIR ENTIRETY AND ADOPTING A NEW SECTION 18 -16 FOR THE PURPOSE OF
REGULATING THE POLITICAL ACTIVITIES OF CITY OFFICERS AND EMPLOYEES
WHILE ON CITY PREMISES AND DURING WORKING HOURS
WHEREAS, California Government Code Section 3207 permits a City to prohibit or
otherwise, restrict the following: (a) officers and employees engaging in political activity during
working hours, and/or (b) political activities on the City's premises; and
WHEREAS, California Government Code Section 3209 permits a city to prohibit
solicitation or receipt of political funds or contributions by its officers and employees during
working hours when such funds relate to the passage or defeat of ballot measures, including
measures affecting working conditions of the City's officers and employees; and
WHEREAS, California Government Code Section 3209 also permits a city to prohibit
entry into government offices by outside parties during working hours when such parties seek
entry for the purpose of soliciting or receiving political funds or contributions to promote the
passage or defeat of ballot measures, including measures affecting working conditions of the
City's officers and employees; and
WHEREAS, the City Council finds that allowing City officers and employees to engage
in political activities on City premises and during working hours undermines public confidence
in the City's governance, adversely affects duly elected officials, undermines employee morale,
and subjects both officers and employees to unnecessary pressures which interfere with job
performance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 18 -16 of Chapter 18 of the Code of the City of Lynwood, entitled
"Political Activities Enumerated" is hereby repealed it its entirety.
SECTION 2. A new Section 18 -16 of Chapter 18 is added to Code of the City of Lynwood,
which Section shall read as follows:
Section 18 -16
REGULATION OF POLITICAL ACTIVITIES OF CITY OFFICERS AND
EMPLOYEES
18 -16.1 Section applicable to all officers and employees of the City
Unless otherwise specified, the provisions of Section 18 -16 shall apply to all offices, positions
and employment in the service of the City, including, but not limited to, all positions listed in
Section 18 -6 of this Code.
18 -16.2 Political activities prohibited
a. All officers and employees of the City are prohibited from engaging in political activities
during working hours.
b. All officers and employees of the City are prohibited from engaging in political activity
on the City's premises and in all City facilities, including, but not limited to, City Hall,
City Hall Annex, City Public Works Yard, Bateman Hall, and City Recreation Facilities.
This prohibition shall not apply to any traditional public forum or other place used for the
conduct of political rallies or similar events, nor to any park, street or public land or other
place not being used for the governmental purposes of the City.
18 -16.3 Solicitation or receipt of political contributions or funds prohibited
a. No officer or employee of the City shall be permitted to solicit or receive political funds
or contributions to promote the passage or defeat of a ballot measure during working
hours. This prohibition shall apply to any measure that would affect the rate of pay,
hours of work, retirement, civil service, or other working conditions of officers or
employees of the City.
b. No person shall be permitted to enter into City offices during working hours for the
purpose of soliciting or receiving political funds or contributions to promote the passage
or defeat of a ballot measure. This prohibition shall apply to any measure that would
affect the rate of pay, hours of work, retirement, civil service, or other working conditions
of officers or employees of the City.
18 -16.4 Participation in certain activities permitted
a. This Section does not prevent any City officer or employee from:
Becoming or continuing to be a member of a political club or organization.
2. Attending a political meeting.
3. Enjoying entire freedom from all interferences in casting his /her vote.
4. Seeking or accepting election or appointment to public office while on leave of
absence.
5. Seeking signatures to any initiative or referendum petition directly affecting his
rates of pay, hours of work, retirement, civil service or other working conditions,
except during working hours and while on City premises.
6. Distributing badges, pamphlets, dodgers or handbills or otherwise participating in
any campaign in connection with such petition, if the activity is not carried on
during hours of work or when the officer or employee is on City premises.
18 -16.5 State law provisions
a. City officers and employees are also required to conform their political activities to
applicable provisions of state law, including, but not limited to, section 3201 et seq. of
the Government Code.
b. City officers and employees are also subject to state laws prohibiting use of public
resources for campaign purposes, including, but not limited to, section 8314 of the
Government Code.
18 -16.6 Violations; penalties.
a. Any person who violates any provisions of Subsections 18 -16.2 or 18 -16.3 is guilty of a
misdemeanor. Each offense shall be punishable by a fine of not more than $500.00 or by
imprisonment in the County jail for not more than six months, or both. Each day during
any portion of which any violation of any provision of this Section is committed,
continued or permitted, makes such violation a separate offense.
b. City officers or employees, except for elected officials, shall also be subject to discharge
for the violation of any provision of Subsections 18 -16.2 or 18 -16.3, or a violation of
Section 18 -17.
SECTION 3. Section 18 -18 of Chapter 18 of the Lynwood Municipal Code, entitled
"Employees Subject to Discharge for Violations of Sections 18 -16 to 18 -17" is hereby
repealed in its entirety.
SECTION 4. Section 18 -19 of Chapter 18 of the Lynwood Municipal Code, entitled "City
Employees Not to Solicit Other Employees for Political Purposes" is hereby repealed in its
entirety.
SECTION 5. Section 18 -20 of Chapter 18 of the Lynwood Municipal Code, entitled
"Classified Service Employees Not to Solicit Other Employees or Officers Concerning
Working Conditions" is hereby repealed in its entirety.
SECTION 6. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining sections, subsections,
sentences, clauses, phrase, or portions of this ordinance. The City Council hereby declares that it
would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or
portion thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or unconstitutional.
SECTION 7. This ordinance shall take effect thirty (30) days after its final passage by the City
Council.
SECTION 8. The City Clerk of the City of Lynwood is hereby directed to certify to the passage
and adoption of this Ordinance and to cause it to be published or posted as required by law.
First read at a regular meeting of the City Council held on the 21st day of
December , 2004 and adopted and ordered published at a regular meeting of said
Council held on the 4th
ATTEST:
Andrea L. Hooper, City Clerk
APPROVED AS TO FORM:
rArnoldo Beltran, City Attorney
day of January , 2005.
Ramon Rodriguez, Mayo
City of Lynwood
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk for the City of Lynwood, do hereby certify that the
foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood
at a regular meeting held on the . 4th day of January 2004.
AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Clerk, City of Lynwood
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council
of said City, do hereby certify that the above and foregoing is a full, true and correct copy
of Ordinance No. 1561 on file in my office and that said ordinance was adopted on the
date and by the vote therein stated.
Dated this 4th day of January , 2004.
City Clerk, City of Lynwood