LTC 444-2018 Limitations on Political Activities of City Officers and Employees •
MAM BEACH
OFFICE OF THE CITY ATTORNEY
LTC No. 444-2018
LETTER TO COMMISSION
TO: Mayor and Members of the City Commission
CC: Jimmy L. Morales, City Manager
Rafael E. Granado, City Clerk
FROM: Raul J. Aguila, City Attorne
DATE: August 10, 2018
SUBJECT: Limitations on Political Activities of City Officers and Employees
In advance of the August 28, 2018 and November 6, 2018 Special Elections. attached is a
memorandum issued by the Miami-Dade County Commission on Ethics and Public Trust,.
concerning the restrictions on political activities of City employees and officials.
As set forth in the memorandum, Florida law broadly prohibits City employees and officials from
engaging in any political campaign activities while on duty. Specifically, no City employee or
official may do any of the following:
(1) use his or her official authority to influence another person's vote;
(2) directly or indirectly coerce any individual to support any candidate or
contribute to a political campaign; or
(3) use any City resources in support of any political campaign, including City
funds, employee time, computers, stationery, vehicles or other City property.
City officials and employees may engage in off-duty political speech, so long as no City funds or
resources are used, and the speech does not involve a misuse of official position or authority.
With respect to the Mayor and members of the City Commission, Florida law expressly provides
that the restrictions set forth above are not intended to limit the political activity or speech of
elected officials in connection with any issue advocacy, including with respect to any ballot
measures such as a bond referendum or other referenda. However, although Florida law does
not preclude an elected official from expressing an opinion on ballot measures, elected officials
must not use any public funds for political campaign activities or any election-related issue
advocacy.
We are committed to providing excellent public service and safety to all who live, work, and ploy in our vibrant, tropical, historic community.
Letter to Commission — Limitations on Political Activities of City Officers and Employees
August 10, 2018
Page 2
By way of example only, and in an effort to provide guidance with respect to the foregoing:
• The Mayor and members of the City Commission may send advocacy-related
communications using private funds and private e-mail accounts. However, the Mayor
and members of the City Commission may not use City computers. City e-mail accounts,
or the City's "Constant Contact" e-blast account or other similar City resources, to
disseminate materials that advocate for or against any ballot measure.
• While the Mayor and members of the City Commission may engage in political activities
or express election-related advocacy, it is strongly urged that such activities be
conducted while "off duty." In order to provide some context as to what would be
considered "off duty," we find no issue with the Mayor or a member of the City
Commission engaging in election related advocacy at meetings conducted by
homeowners and/or neighborhood associations, the Chamber of Commerce and/or
other local civic organizations or groups, for the purpose of informing (and/or fostering
discussion among) residents/voters of prospective ballot measures. However, in
contrast, we would urge that the Mayor and members of the City Commission not
engage in express advocacy while "on duty"; that is, on City Time (i.e., while on the dais
at an official meeting of the City Commission or committee thereof).
• The Mayor and members of the City Commission may generally refer to their titles to
identify themselves in advocacy-related materials, provided the communications are sent
by private means (i.e., using private funds and private e-mail accounts etc.), and
provided that the materials do not otherwise demonstrate a misuse of official authority or
position (i.e., through use of coercive language or other corrupt intent). However, the
Mayor and members of the City Commission may not use the City seal in any advocacy-
related correspondence, as, by law, the City seal may only be used for official City
business.
• The Mayor and members of the City Commission (and their aides) may respond to
constituent inquiries and provide factual information about any ballot measure, including
factual information concerning any Commissioner's official position in favor or against a
particular ballot measure. However. Commission aides may not, while on duty, prepare
advocacy-related materials or engage in political campaign activity, and may not use
their offices or any public resources for such purposes.
• The Mayor and members of the City Commission may volunteer and contribute their
personal time and personal funds to any political committee created in favor of or against
a ballot measure. However, the Mayor and members of the City Commission may not
use their City stipends or any City funds to make any contribution to a political
committee.
• The Mayor and members of the City Commission may engage in fund-raising on behalf
of a political committee. However, the Mayor and members of the City Commission may
not engage in any fund-raising activities in any City facility (unless the government
building has been rented for such purpose), and may not, directly or indirectly, offer or
accept any quid pro quo in exchange for a contribution to a political committee, or
otherwise engage in any fund-raising activity with corrupt intent.
We ore committed to providing excellent public service and safety to all who.live. work, and ploy in our vibrant, tropical, historic community
Letter to Commission — Limitations on Political Activities of City Officers and Employees
August 10, 2018
Page 3
Ultimately, the evaluation of whether any specific activity would constitute a misuse of official
position, or whether any activity was engaged in with corrupt intent, is highly fact-specific and
will depend on the totality of the facts and circumstances surrounding each matter.
Accordingly, should you or your aides have any questions concerning whether any particular
activity or conduction is permissible, please do not hesitate to contact me for an opinion prior to
engaging in the subject activity/conduct.
Thank you for your attention to this matter.
RJA:RAP/ag
We are committed to providing excellent public service and safety to all who live, work, and ploy in our vibrant, tropical. historic community