DATE: November 28, 2023
TO: Board of Supervisors
SUBMITTED BY: Hollis Magill, Director of Human Resources
SUBJECT: First Hearing of Proposed Amendment to County Ordinance Code Section 3.08.110 (Employees - Political Activity)
RECOMMENDED ACTION(S):
TITLE
1. Conduct first hearing on an Ordinance amending Fresno County Ordinance Code Title 3 - Personnel, Chapter 3.08 - Civil Service System, - Section 3.08.110 - Employees - Political Activity by deleting Subsection (A)(5) prohibiting County officers and employees from directly or indirectly soliciting political funds or contributions, knowingly, from other County officers or employees or persons on the employment list of the County and making other non-substantive revisions; waive reading of Ordinance in its entirety; and set the second hearing for the adoption of the proposed Ordinance on December 12, 2023;
2. Designate County Counsel to prepare a fair and adequate summary of the proposed Ordinance; and
3. Direct the Clerk of the Board to post and publish the required summary in accordance with Government Code, Section 25124(b)(1)
REPORT
Approval of the recommended actions will set a second hearing for the adoption of the proposed Ordinance, which amends Fresno County Ordinance Code Section 3.08.110 by deleting language that prohibits County officers and employees from directly or indirectly soliciting political funds or contributions, knowingly, from other County officers or employees or persons on the employment list of the County. This item is countywide.
ALTERNATIVE ACTION(S):
If the recommended actions are not approved by the Board, Fresno County Ordinance Code Section 3.08.110 will remain unchanged and the County would not be able to enforce Subsection (A)(5) because it does not conform to recent Ninth Circuit Court of Appeals ("Ninth Circuit") case law.
DISCUSSION:
On July 19, 2023, the Ninth Circuit determined that Government Code Section 3205 is unconstitutional (Progressive Democrats for Social ...
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