Library Board of Trustees Agenda and Packet 2010 07 27

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It is important to note that a communication can fail to qualify for this exception even if it is called a "factual summary" and has an "arguments for" and "arguments against" section. A permitted factual summary must not express any opinion on an issue and its description of both sides of the issue must be balanced and even-handed. However, if a summary is balanced and even- handed, it will qualify for the exception even if the arguments against the proposal are not the most persuasive arguments or do not reflect opponents' input. See Bruce v. City of Colorado Springs, Agency Decision, Case No. OS 2003-005. 3. Personal Opinions Section 1-45-117 (l)(b )(11) of the FCP A permits members of the governing body of a Government, such as a city council or board of directors, and other elected Government officials to publicly voice their personal opinion about an issue. The FCP A does not lirnit the right of public officials and employees to speak out on a matter before the voters. However, in expressing their personal opinions, officials and employees mav not use Government monev or resources. Government employees and officials may urge electors to vote in favor of or against any issue and may participate in political campaigns, however they must do so during their personal time, not during work hours. Likewise, Govemment employees and officials may spend money on materials that discuss elections covered by the FCP A, so long as that money is their personal money, and not Government money. For example, a city council member will not violate the FCP A by publishing a newsletter discussing a local ballot issue if she pays for the newsletter using her personal funds instead of using city funds. See Tyler v. Boigon, Agency Decision, Case No. OS 2007-001. Any Government employee or official who uses his or her personal time or money to participate in a campaign as described in this section should be sure to keep sufficient records to show that he or she did not use any Govemment time or money in the effort. 4. Answering Questions Section 1-45-117(I)(a)(II) of the FCPA allows a Government employees and officials to respond to questions about a ballot issue or referred measure, so long as the question was not solicited by the Government. 5. Fifty-Dollar Exception If a Government employee or official has policy-making responsibilities, then he or she may use not more than $50 of Government money in the form ofletters, telephone calls or other activities related to expressing his or her opinion on a ballot question. Section 1-45-117(1)(a)(II). It is important to note that this exception only applies to ballot issues, not to contributions made to a candidate campaign. Therefore, a city mayor will violate the FCP A by spending only $2.35 on a letter supporting a candidate. Muller v. Burkholder, Agency Decision, Case No. OS 2002-012. In addition, the fifty-dollar exception is an individual exception only. So five members of a city council mav not combine their $50 exceptions to jointly spend $250 of public moneys incidental to expressing their opinions on an issue. See Brown v. City of Littleton, Agency Decision, Case No. OS 2006-0023. 6. Resolutions. Section 1-45-117(l)(b)(ITI) of the FCPA authorizes the governing body of a Government to formally take a position with respect to an election question by passing a resolution -3-