Ordinance 037-14RECORD OF ORDINANCES
Dayton Legal Blank Inc. Form No. 30043
37 -14
Ordinance No. Passed . 20
AN ORDINANCE AMENDING SECTION 33.67, POLITICAL
ACTIVITY, OF THE CITY OF DUBLIN CODIFIED
ORDINANCES TO EXPAND THE SCOPE OF PERMISSIBLE
POLITICAL ACTIVITY FOR CITY EMPLOYEES.
WHEREAS, the right to engage in political activity is a right protected by the First
Amendment of the United States Constitution; and
WHEREAS, the City of Dublin (the "City ") reviewed Section 33.67 of the Dublin Code
of Ordinances (the " *Code's and determined that the City needed to update the
section to conform with the rights granted under the First Amendment; and
WHEREAS, the City desires to amend Section 33.67 of the Code to conform with the
rights granted under the First Amendment.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, r7 - of the elected members concurring that:
Section 1. Section 33.67 of the Dublin Code of Ordinances is hereby amended
and shall provide as follows:
§ 33.67 POLITICAL ACTIVITY.
(A) Candidacy. No officer or employee of the municipality shall continue
therein after becoming a candidate for nomination or election to any partisan
public office.
(B) Political activities
(1) No person employed by the municipality shall orally or in writing
solicit or in any manner be concerned with soliciting any assessment,
subscription or contribution of any type for any political party or
political purpose whatsoever from any person holding a position in the
service of the municipality.
(2) No person holding a position in the service of the municipality shall
make any contribution to the campaign funds of any candidate for
municipal elective office for the actual or apparent purpose of
influencing such persons or receiving favors of any nature from the
persons.
(3) No person holding a position in the service of the municipality shall
take any part in the management of the affairs of a political party,
other than in the exercise of his rights as a citizen to express his
opinion and cast a vote.
(4) Any violation of this section shall be reported immediately by the
person having knowledge of the facts thereof to the City Manager. The
City Manager shall cause an investigation to be made and if the facts
are found to be substantiated, cause the offender to be suspended
from duty and commence actions necessary to cause the offender's
removal.
(5) Municipal employees are prohibited from becoming actively
involved in any campaigns for any municipal elective office.
(C) Examples of permissible activities for employees include, but are not
limited to the following:
RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
(1) Registration and voting;
(2) Expression of opinions, either oral or written, in the employee's
individual, private capacity;
(3) Voluntary financial contributions to political candidates or
organizations not in contradiction to the provisions in Section (B)
above;
(4) Circulation of non - municipal, nonpartisan petitions, petitions that
do not identify with any particular party, or petitions stating views on
legislation;
(5) Attendance at political rallies;
(6) Signing nominating petitions in support of individuals;
(7) Display of political materials in the employee's home or on the
employee's property;
(8) Wearing political badges or buttons in the employee's private
capacity, or the display of political stickers on private vehicles; and
(9) Serving as a precinct election official under section 3501.22 of the
Revised Code.
Section 2. This Ordinance shall take effect and be in force from and after the
earliest date permitted by law.
37 -14 Page 2 of 2
Ordinance No. Passed 20
Passed this day of , 2014.
ayor — Presiding Officer
ATTEST:
Clerk of Council
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
C ity o f Dublin Phone: 614.410.4400 • Fax: 614.410.4490
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager VNZN
Date: May 1, 2014
Initiated By: Tim Wagner, Director of Human Resources
Re: Ordinance 37 -14 — Amending Section 33.67 of the Personnel Code
Summary
Memo
Attached for your consideration is Ordinance 37 -14, which amends Section 33.67 of the Dublin
Code (Political Activity). The amendments to Section 33.67 allow employees to more freely
exercise their First Amendment rights and are consistent with current collective bargaining
agreements.
The first revision to Section 33.67 allows employees to hold a nonpartisan public office. This will
allow an employee to hold a public office as long as there is no political party affiliation indicated
on the ballot for the office. This revision mirrors common trends.
The other revisions made by the Ordinance more clearly delineate those political activities that are
permissible for City employees. Some of these activities include signing political nomination forms,
participating in political rallies and serving as a precinct official.
Recommendation
Staff recommends approval of Ordinance 37 -14 at the second reading /public hearing on May 19,
2014.
fi 33.67 POLITICAL ACTIVITY.
(A) Candidacy. No officer or employee of the municipality shall continue therein after becoming
a candidate for nomination or election to any partisan public office.
(B) Poiitica /activities.
(1) No person employed by the municipality shall orally or in writing solicit or in any manner be
concerned with soliciting any assessment, subscription or contribution of any type for any
political party or political purpose whatsoever from any person holding a position in the service
of the municipality.
(2) No person holding a position in the service of the municipality shall make any contribution
to the campaign funds of any candidate for municipal elective office for the actual or apparent
purpose of influencing such persons or receiving favors of any nature from the persons.
(3) No person holding a position in the service of the municipality shall take any part in the
management of the affairs of a political party, other than in the exercise of his rights as a
citizen to express his opinion and cast a vote.
(4) Any violation of this section shall be reported immediately by the person having knowledge
of the facts thereof to the Manager. The Manager shall cause an investigation to be made and if
the facts are found to be substantiated, cause the offender to be suspended from duty and
commence actions necessary to cause the offender's removal.
(5) Municipal employees are prohibited from becoming actively involved in the _:__` -'ive PFeeeqq
er-anv campaigns for any municipal elective office.
(C) Examples of permissible activities for employees include, but are not limited to the
following:
(1) Registration and voting;
(2) Expression of opinions, either oral or written, in the employee's individual, private capacity;
(3) Voluntary financial contributions to political candidates or organizations not in contradiction
to the provisions in Section (B) above;
(4) Circulation of non - municipal, nonpartisan petitions, petitions that do not identify with any
Particular party, or petitions stating views on legislation;
(5) Attendance at political rallies;
(6) Signing nominating petitions in support of individuals;
(7) Display of political materials in the employee's home or on the employee's property;
(8) Wearing political badges or buttons in the employee's private capacity, or the display of
political stickers on private vehicles; and
(9) Serving as a precinct election official under section 3501.22 of the Revised Code.
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