Proper use of county resources to send mass communications immediately prior to an election.
The DeKalb County Board of Ethics met on September 22, 2016 and considered this request for an Advisory Opinion from the Ethics Officer, Stacey Kalberman. A copy of the request is attached.
Question Presented
Whether the use of County resources by public officials to send out mass mailings immediately prior to an election is a form of political campaigning and, therefore, an illegal use of County resources.
Response of Board of Ethics
County resources may never be used to support or oppose the election or re-election of a candidate for political office, nor for any referendum measure. This restriction includes County resources such as staff who are paid with County funds, County owned facilities, and any computers, servers, copying equipment, vehicles, telephones, facilities, email lists, and websites that were accessed through County Computers.
Local officials need to communicate news and issues to their constituents that affect their daily lives through the provision of police and emergency services, water, transportation and local development activities. Nevertheless, use of such emails during campaign season by public officials may also be considered the improper use of County resources to the benefit of their campaigns.
In order to balance between engaging citizens in the activities of local government and the improper use of County resources during a campaign cycle, the Board of Ethics is providing the following advice to assist DeKalb County officials. The advice given by the DeKalb County Ethics Board in this Opinion is not dispositive as to any violation of State law nor does it supersede any advice given by the Georgia Government Transparency and Campaign Finance Commission now or in the future. Any individual or public official attempting to determine
1 Examples of improper use of County property include sending out campaign related materials using a County email or using a County computer, updating social media or political websites on a County computer or any other use of the internet for the benefit of a political campaign. Also considered a violation is the use of County copiers or other office supplies for the benefit of a campaign, using County telephones (whether cell phones or desk phones) to solicit donations, coordinate political events or even discuss political strategy. Use of a County employee’s time to assist a campaign during County business hours or where the employee has not taken leave during business hours is a violation of the State law. Whether a certain activity is in violation of O.C.G.A. §21-5-30.2 should seek advice directly from the Georgia Government Transparency and Campaign Finance Commission.
The following is a list of standards that the Ethics Boards hereby promulgates to assist officials in determining whether an official is making proper use of County resources during an election cycle. The Board hereby defines an “election cycle” to begin 90 days prior to each election or vote within the election period including primary, run-off, general election, special election and/or referendum. During each election cycle, the incumbent or officeholder for that position, or
sponsor, advocate or opposition for any referendum should follow these additional limitations placed on their communication sent via County resources during the election cycles:
- Mass communication using any form of county resources (U.S. mail, email, county internet) shall be limited to no more than 2 per month unless the communication relates to a specific and immediate public health threat.
- It is permissible to communicate the date of an election, to provide a sample ballot (without suggestion as to voting preference), distribute the agenda of the Board of Commissioners, announce County meetings sponsored by a department or neighborhood
sponsored meetings. - No communication using county resources that promotes or acknowledges the accomplishments of a candidate/officeholder or the merits or disadvantages or a referendum shall be permitted.
- No communication disparaging a political opponent or promoting another County official shall be permitted.
- No communication using county resources that promotes or acknowledges a holiday, or recognizes the accomplishments of a group or individual shall be permitted.
- No communication using county resources that promotes or acknowledges festivals, discounted products or services shall be permitted.
- No communication using county resources shall promote or acknowledge where a candidate/officeholder or his staff shall be present other than an officially called government meeting.
- No communication using county resources that offers an opinion or position of a candidate/officeholder regarding a political issue shall be permitted unless the issue is a legislative matter pending before the Board of Commissioners.
- With respect to festivals, charities or other items of public interest that a public official believes should be disseminated to the public, that public official may request that an email be sent by the Board of Ethics providing the public with the substantive information. The Board of Ethics may, at its discretion, send, facilitate or approve the sending of such an email in a manner it deems appropriate to provide the public information without otherwise violating the spirit and purpose of this Opinion.
County Events
In addition to communication near elections, officials should consider the proper use of staff and resources in organizing community events. Events sponsored by an elected official often require some County resources to organize and implement including staff that work directly for an
elected official, but are paid from County revenues and have access to County resources. Please discuss community events with the Ethics Officer that take place during an election season to ensure that you avoid any appearance of using County resources for campaigning.
Proper use of county resources to send mass communications immediately prior to an election. The DeKalb County Board of Ethics met on September 22, 2016 and considered this request for an Advisory Opinion from the Ethics Officer, Stacey Kalberman. A copy of the request is attached.
Question Presented
Whether the use of County resources by public officials to send out mass mailings immediately prior to an election is a form of political campaigning and, therefore, an illegal use of County resources.
Response of Board of Ethics
County resources may never be used to support or oppose the election or re-election of a candidate for political office, nor for any referendum measure. This restriction includes County resources such as staff who are paid with County funds, County owned facilities, and any computers, servers, copying equipment, vehicles, telephones, facilities, email lists, and websites that were accessed through County Computers.
The following is a list of standards that the Ethics Boards hereby promulgates to assist officials in determining whether an official is making proper use of County resources during an election cycle. The Board hereby defines an “election cycle” to begin 90 days prior to each election or vote within the election period including primary, run-off, general election, special election and/or referendum. During each election cycle, the incumbent or officeholder for that position, or
sponsor, advocate or opposition for any referendum should follow these additional limitations placed on their communication sent via County resources during the election cycles:
- Mass communication using any form of county resources (U.S. mail, email, county internet) shall be limited to no more than 2 per month unless the communication relates to a specific and immediate public health threat.
- It is permissible to communicate the date of an election, to provide a sample ballot (without suggestion as to voting preference), distribute the agenda of the Board of Commissioners, announce County meetings sponsored by a department or neighborhood sponsored meetings.
- No communication using county resources that promotes or acknowledges the accomplishments of a candidate/officeholder or the merits or disadvantages or a referendum shall be permitted.
- No communication disparaging a political opponent or promoting another County official shall be permitted.
- No communication using county resources that promotes or acknowledges a holiday, or recognizes the accomplishments of a group or individual shall be permitted.
- No communication using county resources that promotes or acknowledges festivals, discounted products or services shall be permitted.
- No communication using county resources shall promote or acknowledge where a candidate/officeholder or his staff shall be present other than an officially called government meeting.
- No communication using county resources that offers an opinion or position of a candidate/officeholder regarding a political issue shall be permitted unless the issue is a legislative matter pending before the Board of Commissioners.
- With respect to festivals, charities or other items of public interest that a public official believes should be disseminated to the public, that public official may request that an email be sent by the Board of Ethics providing the public with the substantive information. The Board of Ethics may, at its discretion, send, facilitate or approve the sending of such an email in a manner it deems appropriate to provide the public information without otherwise violating the spirit and purpose of this Opinion.
County Events
In addition to communication near elections, officials should consider the proper use of staff and resources in organizing community events. Events sponsored by an elected official often require some County resources to organize and implement including staff that work directly for an
elected official, but are paid from County revenues and have access to County resources. Please discuss community events with the Ethics Officer that take place during an election season to ensure that you avoid any appearance of using County resources for campaigning.
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Larry Schall, Chairman
DeKalb Board of Ethics
