San Francisco Unified School District and County Office of Education
Board Policy 4019.25
All Personnel – Political Activities Of Employees
This Board Policy applies to the San Francisco Unified School District and the County Office of Education.
The Governing Board respects the right of school employees to engage in political discussions and activities on their own time and at their own expense. On such occasions, employees shall make it clear that they are acting as individuals and not as representatives of the district. Like other community members, employees may use school facilities for meetings under the Civic Center Act.
(cf. 1160 – Political Processes)
(cf. 1330 – Use of School Facilities)
Prohibited Activities
District employees shall not:
- Use district funds, services, supplies or equipment to urge the passage or defeat of any ballot measure or candidate, including any candidate for election to the Governing Board. This prohibition specifically includes the use of student addresses, class rosters, or other confidential student or personnel information obtained in the course of employment for the purposes of organizing students or employees to urge the passage or defeat of any ballot measure or candidate. (Education Code 7054)
(cf. 1160 – Political Processes)
- During working hours and on district property, solicit or receive any political funds or contributions to promote the passage or defeat of a ballot measure that would affect the rate of pay, hours of work, retirement, civil service or other working conditions; (Education Code 7056)
- During working hours and on district property, solicit or receive any political funds or contributions to promote the passage or defeat of other types of ballot measures;
- Use district time to urge the passage or defeat of any ballot measure or candidate;
- Use district equipment for the preparation or reproduction of political campaign materials, even if the district is reimbursed;
(cf. 3512 – Equipment)
- Post or distribute political campaign materials on district property;
- Disseminate political campaign materials through the district’s mail service, e-mail or staff mailboxes;
(cf. 4040 – Employee Use of Technology)
- Use students to write, address or distribute political campaign materials;
- Present viewpoints on particular candidates or ballot measures in the classroom without giving equal time to the presentation of opposing views;
(cf. 6144 – Controversial Issues)
- Wear buttons or articles of clothing that express political opinions on ballot measures or candidates during instructional time; or
- Directly or indirectly solicit funds from other officers or employees of the District or from persons on the District’s employment lists, unless the solicitation is part of a solicitation made to a significant segment of the public that may include officers or employees of the District.
However, teachers shall not be prohibited from wearing political buttons during noninstructional time, such as Back-to-School Night.
Nothing in Board policy or administrative regulation shall be construed to prevent employees from soliciting or receiving funds or contributions for political purposes during nonworking time, including before and after school, the lunch period or other scheduled work intermittency during the school day. (Education Code 7056)
Employee Organizations
Employee organizations may use district mailboxes and other means to communicate with employees, subject to reasonable regulation. Employee organizations may have access at reasonable times to areas in which employees work; may use institutional bulletin boards, mailboxes, and other means of communication and may use district facilities at reasonable times for the purpose of meetings. (Government Code 3543.1)
However, employee organizations shall not use district funds, services, supplies or equipment, such as the district mail system, to urge the passage or defeat of any ballot measure or candidate, including any candidate for election to the Board. (Education Code 7054)
(cf. 4140/4240/4340 – Bargaining Units)
Access to district communication channels shall be limited in cases where such access would be disruptive to district operations.
In the event of a concerted action or work stoppage, political activities by employee organizations and individual employees shall be restricted to peaceful informational picketing and other activities allowed by law.
(cf. 4141.6/4241.6 – Concerted Action/Work Stoppage)
Employees shall refrain from prohibited activities identified in law and administrative regulations. Employees who engage in these activities shall be subject to disciplinary action and/or criminal penalties.
(cf. 1325 – Advertising and Promotion)
(cf. 4118 – Suspension/Disciplinary Action)
(cf. 4218 – Dismissal/Suspension/Disciplinary Action)
Legal Reference:
EDUCATION CODE
7050-7057 Political activities of school officers and employees
38130-38139 Civic Center Act
51520 Prohibited solicitations on school premises
GOVERNMENT CODE
3543.1 Rights of employee organizations
COURT DECISIONS
Downs v. Los Angeles Unified School District, (9th Cir. 2000) 228 F.3d 1003
California Teachers Association v. Governing Board of San Diego Unified School District, (1996) 45 Cal.App. 4th 1383
L.A. Teachers Union v. L.A. City Board of Education, (1969) 71 Cal.2d 551
ATTORNEY GENERAL OPINIONS
84 Ops.Cal.Atty.Gen. 106 (2001)
84 Ops.Cal.Atty.Gen. 52 (2001)
77 Ops.Cal.Atty.Gen. 56 (1994)
PERB RULINGS
California Federation of Teachers, Local 1931 v. San Diego Community College District (2001) PERB Order #1467 (26 PERC 33014)
Management Resources:
CSBA PUBLICATIONS
Political Activities of School Districts: Legal Issues, 1998, revised 2001
WEB SITES
CSBA: http://www.csba.org
Office of the Attorney General, Dept. of Justice: http://caag.state.ca.us/
Public Employment Relations Board: http://www.perb.ca.gov
Please note that compare references, or “cf”, refer to CSBA model policies and do not necessarily indicate that the San Francisco Unified School District has adopted the referenced policy.