Ogden City Code Section 2-6-13

2-6-13: POLITICAL ACTIVITY:

A. Definitions: For purposes of this section:

CONTRIBUTION: A gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything of value to a candidate, a candidate's personal campaign committee, an office holder, or a party committee; compensation paid for personal services rendered without charge to a candidate, the candidate's personal campaign committee, or an office holder; or goods or services provided at less than fair market value to or for the benefit of a candidate, the candidate's personal campaign committee, or an office holder.

FULL TIME ELECTIVE OFFICE: The office of United States representative or senator, governor, attorney general, lieutenant governor, state auditor, state treasurer, county commissioner, county attorney, county recorder, county clerk, county sheriff, county treasurer, county auditor, county assessor, or mayor under the optional council-mayor form of government.

WORKING HOURS: Occurring at any time when an officer or employee is:

A. Acting within the course and scope of employment; or

B. Is scheduled for work, unless the officer or employee is off on any type of approved leave;

"Working hours" shall not include a lunch break afforded to the officer or employee, when taken away from the officer's or employee's place of employment.

B. Purpose: It is the intent of this provision to regulate certain political activity of city officers and employees in order to promote the efficiency and effectiveness of the city government, the avoidance of conflicts of interest and the unreasonable disruption of city operations, the maintenance of good working relationships, the undivided loyalty of officers and employees, and the integrity of public service. Nothing contained in this section shall be construed to restrict the right of an employee to hold membership in, and support, a political party, to vote as he or she chooses, to express his or her personal opinions on all political subjects and candidates, to make voluntary contributions to a party or candidate, to actively participate in a political campaign, to maintain political neutrality and to attend political meetings after working hours.

C. Restricted Activities: No officer or employee of the city shall:

1. Engage in any political activity during working hours, or while in a city uniform or city vehicle; or while at his or her place of employment within the city;

2. Use, or allow to be used, any city equipment while engaged in any political activity;

3. Directly or indirectly coerce, command, or advise another municipal officer or employee to pay, lend, or contribute part of the officer's or employee's salary or compensation, or anything else of value to a political party, committee, organization, agency, or person for political purposes;

4. Attempt to make another officer's or employee's personnel status dependent on the officer's or employee's support or lack of support of a political party, affiliation, opinion, committee, organization, agency, or person engaged in political activity.

D. Supervisory And Management Positions: No officer or employee who is in a supervisory or management position shall solicit, or be in any manner concerned in soliciting, any assessment, subscription or contribution or political service, whether voluntary or involuntary, related to any political purpose whatsoever, from any city officer or employee who is directly supervised by the requesting officer or employee.

E. Nonelective Not To Hold Elective Office: No nonelective officer or employee of the city shall hold full-time elective office during his or her employment or hold other full-time appointive office during his or her employment except as an assigned part of that employment. No nonelective officer or employee of the city shall hold a city-elected office.

F. Declarations Of Candidacy For City-Elected Office: Neither the filing of a declaration of candidacy nor a leave of absence approved under subsection G of this section, may be used as the basis for an adverse employment action, including discipline or termination, against the officer or employee.

G. Leaves Of Absence:

1. A nonelective officer or employee who has filed a declaration of candidacy may be given a leave of absence, with or without pay, for the period of time between the primary election and the general election. Such requests for leave shall be approved or denied in accordance with the city's adopted personnel policies and procedures. If a leave of absence is approved, the officer or employee shall use any available vacation leave.

2. If a nonelective officer or employee is elected to a public office, other than a full-time elective office or a city-elected office, the officer or employee may be given a leave of absence, with or without pay, for the time during which the employee receives compensation for service in the public office. Such requests for leave shall be approved or denied in accordance with the city's adopted personnel policies and procedures. If a leave of absence is approved, the officer or employee shall use any available vacation leave.

H. Applicability Of State Or Federal Law: No provision of this section shall be construed to permit conduct prohibited by state or federal law.

(1979 Code § 3.44.120; Ord. 94-18, 4-5-1994; amd. Ord. 94-53, 10-25-1994; Ord. 96-14, 3-19-1996; Ord. 2001-58, 9-25-2001, eff. 10-18-2001)