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LTC 223-2017 Use of City Buildings for Political Campaign ActivitiesMIAMIBEACH OFFICE OF THE CITY ATTORNEY LTC No, # 223 -2017 LETTER TO COMMISSION TO: Mayor Philip Levine and Members of the Cit Commission FROM: Raul J. Aguila, City Attorne CC: Jimmy L. Morales, City Manager Rafael E. Granado, City Clerk DATE: May 3, 2017 SUBJECT Use of City buildings for political campaign activities I have been asked to provide a legal opinion on the use of City buildings for political campaign activities. Pursuant to Florida campaign finance law, "[n]o person shall make and no person shall solicit or knowingly accept any political contribution in a building owned by a governmental entity." Section 106.15(4), Florida Statutes. For purposes of this statute, "accept" means "to receive a contribution by personal hand delivery from a contributor or the contributor's agent," The statute does not apply when the government -owned building or any portion thereof is rented for the specific purpose of holding a campaign fundraiser. Any other political campaign activity may occur in a City building, provided that such activity is not otherwise prohibited by law.1 Please feel free to contact me if you have any questions. 1 Attached please find the latest version of the City Manager's policy regarding City employee participation in elections. ea- MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachfl,gov Jimmy L. Morales, City Manager Tel: 305-673-7010 Fax: 305 - 673 -7782 MEMORANDUM TO: All City Employees under my supervision FROM: Jimmy L. Morales, City Manager DATE: March 5, 2015 SUBJECT: November 2015, Miami Beach Elections In November, our citizens will elect a Mayor and three Commissioners. As the City Manager, my professional code of ethics, as delineated by the International City Management Association (ICMA), requires me not to participate in elections, specifically those local elections regarding my legislative body. The reasoning behind the ethical code is that by engaging in electoral activities, I could compromise my ability to perform my job as City Manager. By supporting, assisting or endorsing a candidate, I could create the perception that I also support his /her issues or positions. Also, since our electoral process is a win /lose situation that sometimes generates long lasting opinions and emotions, supporting one candidate over another could alienate a segment of the population, thereby affecting my ability to be viewed as what I am; professional and objective on issues. The senior management. City staff is also bound to abide by this particular ethics code for the same reasons that affect me as the City Manager. Beyond the managerial staff, I expect all City employees under my supervision to be aware of, and to the extent possible, follow the ethical code of not becoming involved in local elections. , The more employees who abide by this particular ethics code, the higher the level of confidence the public will have in us as an entity. Additionally, Section 104.31 (2) of the Florida Statutes entitled "Political Activities of State, County and Municipal Officers and Employees" states, "An employee of the State or any political subdivision may not participate in any political campaign for an elective office while on duty." While everyone is free to participate in the political process and to exercise his or her First Amendment rights in political campaigns, no City employee may do so while on City time or as part of City employment. That is, employees may not campaign for, visit or aid candidates for elective office for political purposes during regular working hours. Further, employees may not use any City facilities, supplies or equipment, including City computers, telephones or vehicles, for political purposes. Department /Division Directors are asked to post this memorandum on departmental bulletin boards and /or distribute copies so all employees are made aware of their rights and responsibility not to get involved in controversies or potential violations of the previously mentioned Florida Statute. If you have any questions regarding this policy or need additional information, please do not hesitate to contact my office. JLM /KGB /SCT We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.