Glendale City Council
April 14, 2026

Use of Government Resources for
Campaign Purposes
& “Electioneering” During Council
Meetings
April 14, 2026
Agenda Item 12a
Use of Public Resources for
Campaign Purposes
Gov’t Code §8314
It is unlawful for any elected state or local officer, including any state or local appointee, employee, or consultant, to use or permit others to use public resources for a campaign activity, or personal or other purposes which are not authorized by law. • Public Resources – any property or asset owned by the state or any local agency, including, but not limited to, land, buildings, facilities, funds, equipment, supplies, telephones, computers, vehicles, travel, and state-compensated time. 2 Use of Public Resources for
Campaign Purposes
Gov’t Code §8314
It is unlawful for any elected state or local officer, including any state or local appointee, employee, or consultant, to use or permit others to use public resources for a campaign activity, or personal or other purposes which are not authorized by law. • Use of Public Resources – Must be substantial enough to result in a gain or advantage to the user or a loss to the state or local agency for which a monetary value may be estimated. 3 Use of Public Resources for
Campaign Purposes
Gov’t Code §8314
It is unlawful for any elected state or local officer, including any state or local appointee, employee, or consultant, to use or permit others to use public resources for a campaign activity, or personal or other purposes which are not authorized by law. • Campaign Activity – Must be the equivalent of a campaign contribution or expenditure
– Exemption – incidental and minimal use of public resources, such as equipment or office space, for campaign purposes, including the referral of unsolicited political mail, telephone calls, and visitors to private political entities.
4 Use of City Facilities
– City Facilities open to the public and open for expressive activity – Campaigns may use as long as they comply with rental policies and pay any permit fees required
– Parks (Plazas), Streets, Sidewalks – Traditional Public Forums
• Places historically open for public expression “since time immemorial.” Hague v. CIO, 307 U.S. 496 (1939)
• Government may not limit speech based on content or
viewpoint
• Time, Place and Manner Restrictions Only
5 Public Comment & “Electioneering”
Legal Boundaries Under the First Amendment &
Brown Act
• Public agencies must allow public comment
• Political/campaign speech often arises during
comment periods
6 Brown Act
• At regular meetings, agencies must allow public comment not only on agenda items but also on any matter within their subject matter jurisdiction (i.e., general public comment). • “The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body.”
• Time, place and manner restrictions are permitted.
7 First Amendment Considerations
• Council meeting - “limited public forum”
• Topics that may be discussed may be limited as long
reasonable and germane to the forum’s purpose
– Limited to the subject matter jurisdiction of the agency • Viewpoint discrimination prohibited
– Must allow criticism of City and City officials
• Campaign speech – may be viewed as support or criticism of policies supported by the incumbents or sitting
councilmembers
• Keep speakers focused on topics within Council’s subject matter jurisdiction
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