2025-08-08 - Commission Norms and Guidelines — Union City City Council, September 9, 2025

Established in June 10, 2025

TABLE OF CONTENTS
Page
INTRODUCTION...............................................................................................................1 CHAPTER 1 – GROUP NORMS.......................................................................................1 CHAPTER 2 – SERVING ON A COMMISSION / COMMITTEE .......................................2 Section 1. Membership...........................................................................................2 A. Residency Requirements and Affidavit of Residency. ......................2 B. Appointments ....................................................................................2 C. Oath of Office....................................................................................3 D. Terms of Office. ................................................................................3 E. Attendance Requirements (UCMC Section 2.20.040) ......................3 F. Automatic Terminations ....................................................................4 G. Resignation Procedure .....................................................................4 Section 2. Alternate Commissioners ......................................................................4 Section 3. Accommodations for Commissioners with Disabilities...........................5 Section 4. Stipend Information ...............................................................................5 CHAPTER 3 – CONFLICT OF INTEREST PROHIBITED.................................................5 A. Influencing the Making of Contracts and Affecting Other Financial Interests.
.......................................................................................................... 5 B. Disclosure Statements Required (Form 700)....................................5 C. Incompatible Public Offices ..............................................................6 D. Elected Officials ................................................................................6 CHAPTER 4 – COORDINATION WITH COUNCIL, STAFF, MEDIA AND COMMUNITY ..........................................................................................6 A. Coordination with City Council..........................................................6 B. Council Meeting Procedures and Commission Participation ............8 C. Coordination with Staff......................................................................8 D. External Relationships ......................................................................8 CHAPTER 5 – COMMISSIONER TRAINING ...................................................................9 A. Training Required by City .................................................................9 B. State-Mandated Training. .................................................................9 3 INTRODUCTION
Commission Guidelines serve as a guiding document for commissioners to carry out best practices in local governance, incorporating digital governance tools and transparency measures to enhance accessibility and efficiency. These guidelines ensure commissioners can effectively carry out their role in advising the City Council.

Commissioners are expected to uphold professional integrity, collaborate effectively, and maintain transparency in all commission activities. Commissioners should also adhere to digital communication best practices and ensure accessibility through virtual participation as appropriate. The City Council is tasked with adopting these norms and guidelines into City policy and also reviews and approves any updates or modifications. These Commission Guidelines apply to all City Commissions, Boards, and Committees, as well as any other bodies specified by the City Council, except where otherwise noted.

CHAPTER 1 – GROUP NORMS
Group Norms are an adopted set of behaviors and procedures that all commissioners are expected to demonstrate for the benefit of the organization and while serving in the role as Commissioner.

1. We conduct ourselves in a professional manner, treat everyone with respect, and act with high integrity, always putting the interests of the City of Union City ahead of self-interests in accordance with the City’s code of ethics.

2. As appointees of the City Council, we understand the importance of keeping the City Council informed about our work and endeavors as Commissioners/Committee members and that it is appropriate to take general direction from the City Council where appropriate.

3. We strive to avoid real or perceived conflicts of interest whenever possible and to disclose them to affected parties when they do exist.

4. We respect each other’s opinions and ensure that all voices are heard. We do not criticize others for having a different point of view, and we agree to disagree respectfully.

5. We understand that we act as a body, all members are equal, and policy direction is only given by a majority vote of the Commission/Committee.

Once a decision is made, all members must respect the
Commission’s/Committee’s direction.

6. We are prepared for Commission/Committee meetings and ask our questions of staff in advance so we can avoid surprising staff at our meetings.

7. We attend on time, are focused and devote our undivided attention during 4 Commission/Committee meetings in order to ensure that we can conduct business efficiently and effectively.

8. We do not criticize staff to them or others.

The City Council may terminate membership on a commission for failure to meet the expectations laid out in the above Group Norms.

CITY OF UNION CITY GUIDELINES FOR COMMISSIONS / COMMITTEES CHAPTER 2 – SERVING ON A COMMISSION / COMMITTEE
Section 1. Membership
A. Residency Requirements and Affidavit of Residency.

As required by Union City Municipal Code (UCMC) Section 2.20.030, commissioners, board members, or committee members
("commissioners") must be Union City residents with the exception of:
• Arts & Culture Commission (must either be a resident at large or an artist).
• Economic Development Advisory Team (EDAT).
• Bicycle Pedestrian Advisory Committee (BPAC) (The bicycle community representative may be either a resident or nonresident). . Proof of residency is required when requested.

Commissioners that are required to be residents must inform the City Clerk if they are no longer residing in the City of Union City. The term of the commissioner shall expire on the date that the commissioner ceased being a resident in Union City. Commissioners that temporarily leave Union City as a result of transitory circumstances, but with the full intent to reestablish residency in Union City within one month, shall still be considered a resident of Union City. If the commissioner has not reestablished residency, the commissioner shall notify the City Clerk and automatic termination of membership will occur upon receipt of notification by the City Clerk. Commissioners are required to notify the City Clerk and the secretary of the commission of any change to contact information.

B. Appointments.

Commissioners are appointed by the Mayor with City Council Approval under UCMC Section 2.20.030. The City Clerk will advise new commissioners on training and filing requirements.

Commission staff will ensure an orientation is completed to inform new commissioners of these guidelines.

C. Oath of Office.
5 Commissioners must take the Oath of Office before participating in meetings. The Oath of Office must be conducted by the City Clerk, an elected official, or staff that have been deputized to conduct the oath. Board secretaries have been deputized to administer the Oath of Office.

D. Terms of Office.

Commissioners and alternates can serve up to 2 full consecutive terms under UCMC Section 2.20.050. Commissioners may be appointed to a partial term to complete a term of a vacancy and such partial terms shall not count as a full term. Commissioners or alternates that have served 2 full consecutive terms cannot be reappointed to their respective boards or commissions until a two-year break in service has occurred.

E. Attendance Requirements (UCMC Section 2.20.040).

Failure to comply with attendance rules and other requirements can result in automatic termination. It is important to note that all commissions, regardless of the frequency of meetings, are subject to these attendance regulations.

Commissioners must attend all meetings in order to avoid being marked absent.

A commissioner is determined to be “absent” unless they have been granted an excused absence.

Commissioners should inform the secretary as far in advance as possible if they cannot attend a meeting. Secretaries should advise these commissioners to request an excused absence for the meeting.

Excused Absences: The following reasons shall be considered valid excuses for failing to attend a meeting.

1. Serious illness and/or injury of the Commissioner and/or their immediate family;

2. Death in the family;

3. Employment conditions requiring travel outside the Bay Area, evening meetings, etc.;

4. Lack of transportation to the meeting;

5. Previously scheduled vacation or travel.

Notification Deadlines for Absences:
• For serious illness, injury, or a death in the family (Subsections 1 and 2 above), commissioners and alternates must notify the Commission Secretary no later than 6 24 hours before the meeting.
• For employment conflicts, lack of transportation, or previously scheduled vacation or travel (Subsections 3, 4, and 5 above), commissioners and alternates must notify the Commission Secretary no later than 72 hours before the meeting. • Failure to provide a timely notice will result in the absence being recorded as unexcused. The commission bylaws will be updated to reflect these attendance notification procedures in accordance with Ordinance No. 2025-001, which took effect on April 10, 2025.
(UCMC Section 2.20.040).

Absence from Three Consecutive Meetings. If a commissioner is absent from three consecutive meetings without a valid excuse, their appointment to the commission will be automatically terminated. (UCMC Section 2.20.040(B).) Failure to Attend At Least 75% of All Scheduled Meetings of the calendar year (January 1 through December 31). If a commissioner fails to attend at least 75% all scheduled meetings during the calendar year without a valid excuse, their appointment to the commission will be terminated. (UCMC Section 2.20.040(B).) Commissioners arriving more than ten minutes late to a meeting without providing advance notice to the Commission Secretary shall be marked as unexcused and will not receive a meeting stipend. Commissioners providing notice and arriving within ten minutes may be marked present, but must not disrupt proceedings once the meeting has commenced.

F. Tardiness Policy.

Commissioners are expected to attend all meetings on time. A commissioner arriving more than ten (10) minutes after the official start of the meeting without providing advance notice to the Commission Secretary shall be marked as unexcused and will not receive a meeting stipend for that meeting.

If advance notice of tardiness is provided and the commissioner arrives within ten minutes of the meeting start time, the commissioner may be marked as present but must join the meeting in a manner that does not disrupt the proceedings.

When a commissioner is tardy and their absence affects quorum or voting, an alternate commissioner may be seated in accordance with established protocols. 7 Chronic tardiness may be considered in evaluating a commissioner’s continued service and eligibility for reappointment.

G. Automatic Terminations.

The importance of complying with the requirements of being a commissioner cannot be sufficiently emphasized. Failure to recognize these requirements will result in automatic termination. The following are reasons why commissioners are automatically terminated as well as the period of time for which a commissioner is ineligible for reappointment (if applicable).
• Unexcused absence from three consecutive meetings. (UCMC Section 2.20.040(B).) Ineligible for reappointment to that commission or board until two full terms from the date of the initial appointment under UCMC Section 2.20.050.
• Failure to attend at least 75% all scheduled meetings in any twelve consecutive month period without a valid excuse. (UCMC Section

2.20.040(B).) Ineligible for reappointment to that commission or board until two full terms from the date of the initial appointment under UCMC Section 2.20.050.
• Non-residency.
• Failure to meet any eligibility requirements of the ordinance, resolution, or other law establishing the commission or regulating its membership.
• Failure to complete AB 1234 Ethics Training or AB1661 Harassment Prevention Training. (UCMC Section 2.20.100.) Ineligible for reappointment to any City board, commission, or committee for 24 months from the date of vacancy, in accordance with UCMC §

2.20.100(E).Ineligible for reappointment to that commission or board during the unexpired portion of the vacated term and for one full term under UCMC Section 2.20.100(D).)
H. Resignation Procedure.

A commissioner wishing to resign shall submit a written resignation directly to the City Clerk and to the Mayor. Either an electronic or a hard copy resignation will be accepted.

Once submitted, a letter of resignation cannot be withdrawn. The effective date of the resignation is the date it is received by the City Clerk unless a future date is indicated.

Section 2. Alternate Commissioners
8 Alternate commissioners attend the regular and special meetings of the commission in the absence of a regular member. The alternate shall review staff reports and documents and otherwise prepare for such meetings. If, as a result of an absence of a regular member at a regular or special meeting, the alternate shall move to the seat of a regular member, then the alternate shall participate as a regular member, and shall receive such compensation, where applicable. (UCMC 2.20.020.)
Alternate commissioners are subject to the qualifications, appointment, removal and other requirements applicable to the regular members. However, alternate commissioners will not be automatically appointed where there is a vacancy created for a regular commissioner position. The Mayor, with approval of the City Council, shall appoint commissioners to vacant position pursuant to UCMC Section 2.20.030. The Mayor may consider current alternate commissioners for appointment to a vacant regular commission position and may consult with the Councilmember liaison to the relevant commission when considering alternate commissioners.

Alternate commissioners are encouraged to attend at least 30% of regular meetings to stay informed and ready to serve when needed. Alternates may sit on the dais and participate in discussions even when regular members are present, if authorized by the Commission Chair. However, alternates may not vote unless officially seated to fill an absence. When called upon to serve but unable to attend, the absences of alternate commissioners will be considered excused or unexcused based on timely communication with the Commission Secretary.

In accordance with the City’s Tardiness Policy, if a regular commissioner has not arrived within ten (10) minutes of the scheduled meeting start time and has not provided prior notice to the Commission Secretary, the alternate commissioner may be officially seated to fill the vacancy for that meeting. Once seated, the alternate shall have full voting rights for the duration of the meeting.

If the regular commissioner arrives after the alternate has been seated, the regular commissioner may participate as a member of the public but will not be permitted to participate as a voting member for that meeting.

Section 3. Accommodations for Commissioners with Disabilities Members of boards, commissions, and the public who have a disability have a right to reasonable accommodations necessary for them to participate in City meetings and programs. The Americans with Disabilities Act (ADA) and other laws mandate that the City provide programmatic access and effective communication in order for people with disabilities to be able to participate in the City’s programs, services, and activities including public meetings.

Individuals with disabilities who need accommodations to participate at a City of Union City meeting should make their requests to the commission secretary.

Section 4. Stipend Information
Pursuant to UCMC Section 2.20.080, commissioners may be entitled to payment in an amount specified by City Council Resolution.
9 CHAPTER 3 – CONFLICT OF INTEREST PROHIBITED
A. Influencing the Making of Contracts and Affecting Other Financial Interests.

The Political Reform Act and Government Code 1090 prohibit commissioners from participating in a matter in which the commissioner has an economic or contractual interest. This extends to any decisions or attempts to influence a decision involving the interest.

Under some instances, an exception to the rule may exist. Please contact the secretary of the commission should you believe you have a conflict of interest.

B. Disclosure Statements Required (Form 700).

The Government Code of the State of California requires that designated commissioners file a Form 700 Statement of Economic Interests in which they disclose specified financial interests. The Union City Conflict of Interest Code specifies each commission that is subject to this requirement and the interests that must be disclosed.

Failure to file any required Form 700 by the deadline (Assuming, Annual, Leaving) may result in the assessment of fines and/or referral to the FPPC for enforcement. Additionally, commissioners that have not timely filed a Form 700 are prohibited from attending commission meetings until the Form 700 has been filed and all outstanding fines have been paid.

An Assuming Office Form 700 must be filed with the City Clerk Department within 30 days of appointment. Annual Form 700s must be filed by April 1 of each year. Finally, a Leaving Office Form 700 is required within 30 days of leaving office.

Commissioners, Board and Committee members are required to file pursuant to the City's Conflict of Interest Code, which is updated every two years. The City Clerk will routinely advise all commissioners affected of these requirements and deadlines. Not all commissioners are required to report the same interests. The Conflict of Interest Code is designed to require only that degree of disclosure needed to protect the public interest while balancing that need with an individual's right to privacy.

C. Incompatible Public Offices.

The common law doctrine of incompatible public offices prohibits a public official from occupying two public offices that are incompatible in terms of their duties and/or the likelihood of divided loyalties. However, in Union City, serving on two or more City boards or commissions, including quasi-judicial bodies, is permitted. A commissioner who already occupies an elected or appointed office other than a City board or commission and wants to apply for appointment to a City commission should seek the City Attorney's advice as to whether the two offices may be deemed incompatible.

D. Elected Officials.
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Should a commissioner be elected to one of the following positions, the commissioner shall resign from the commission position within 30 days of the election date:

Alameda County Water District Board of Directors, BART Board of Directors, Alameda County Board of Supervisors, Alameda County Board of Education, East Bay Regional Park District Board of Directors, New Haven Unified School District Board of Education, Chabot College Board of Trustees, Ohlone College Board of Trustees, AC Transit Board of Directors, Union Sanitary District Board of Directors.

Failure to resign within 30 days shall result in the commissioner’s position being placed before the City Council for removal.

CHAPTER 4 – COORDINATION WITH COUNCIL, STAFF, MEDIA AND COMMUNITY A. Coordination with City Council.
(1) Relationship to City Council.

The role of a commission is to advise the City Council. The exception is for quasijudicial commissions that can act under their authorized ordinances or advise the City Council as appropriate. The City Council is responsible for accepting, rejecting, or modifying commission recommendations. The Council relies on the various commissions to increase the variety of viewpoints and talents brought to bear on City problems. By concentrating on specific areas, commissioners use their expertise and conduct detailed analyses that the Council itself may not have the time to pursue. It is expected that commissions will adopt positions of advocacy within their specific purview. However, the City Council's role is to take into consideration the many varied and sometimes conflicting public needs and render its judgment of what will best serve the public good. The Council must weigh the effect of any given recommendation, not only on the particular area of interest but on all other City goals and programs.

Just as the commissions advise the City Council concerning policy but do not create policy, the commissions advise the City Council concerning various programs run by the City but do not themselves operate programs. It is the responsibility of the City Manager and the City staff to operate programs authorized by the City Council. (2) Councilmember Liaison
In order to provide regular and consistent guidance to commissions, the City Council will designate one Councilmember to serve as a liaison to the Human Relations Commission, Senior Commission, Parks and Recreation Commission, Arts and Culture Commission and Youth Commission. Each commission is encouraged to keep the Councilmember liaison appraised of relevant developments and seek guidance from the Councilmember liaison. The Councilmember liaison will keep the City Council appraised as appropriate. The Councilmember Liaison may include the following activities:
(a) Attend Commission meetings as needed to
1 1
communicate and provide guidance to Commissioners.
(b) Attend Commission retreats and planning meetings as needed to ensure guidance can be rendered to Commissioners as priorities are being shaped.
(c) Work one on one with Commission Chairs and staff to determine approaches to Commission work as needed.
(d) Keep the Mayor and City Council apprised as needed
of Commission work at City Council meetings during the City Commission/Committee Reports section of the agenda.
(e) Provide the Mayor feedback regarding the
Commission as needed.
(f) The Planning Commission will not have a
Councilmember Liaison due to the State’s legal requirement for the Planning Commissioners to act independently from the City Council on policy matters. (3) Referrals from the City Council.

The Council may transmit referrals for information or action through formal action on an agenda item. These actions are recorded in the minutes of the Council meeting.

The secretary notifies the commission of any such referrals from the Council. When appropriate, the Council may indicate a desired date for response and specify which commissions will be consulted.

Each referral response presented to the City Council on the Council agenda, shall indicate to whom the item was referred, the date of referral, and any other responses.

Each commission may elect to respond by means of a separate report or communication.

B. Council Meeting Procedures and Commission Participation.

Regular City Council meetings are generally held twice monthly on Tuesdays. The schedule is established annually, taking into consideration holidays and election dates.

The chair, or an authorized representative of the commission, has the right to address the City Council on relevant items within the jurisdiction of the commission.

Commissioners not delegated to speak as the official representative may utilize the Public Comment period to present information to Councilmembers.

C. Coordination with Staff.

The City Manager has a direct interest in the work of all commissions as they often advise the City Council on issues that will affect the use of staff time and City resources.

Commission secretaries are responsible to the City Manager as well as the commission, and they keep the City Manager informed of significant issues that come before their commissions.
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D. External Relationships.
(1) Communication with the public, press and other media.

There are instances where it is appropriate for commissioners to provide public statements about city events and policy matters to the public and the press in an official capacity; however, commissioners must coordinate with City staff and seek approval first from the Mayor and Councilmember liaison prior to giving such statements. Upon approval from the Mayor and Councilmember liaison, City staff will coordinate and organize public communication and inquiries from the media related to official statements to include the chair of the commission, or a representative designated by the commission, who may clarify actions taken by the commission, fairly and accurately recap commission conversations, or outline next steps. The Chair or designee must not editorialize, offer personal opinions, or speculate on future actions when speaking in an official capacity. A commissioner may recite commission positions, activities and actions taken and state factual accounts of those actions.
(2) Community relations and engagement/Social media.

Commissioners may not, in an official capacity, represent their commission or the City to the general public without City Council approval. Commissioners may not use city logos, branding, name tag, business cards, or other collateral to represent their private, personal or political interests.

Any time that a commissioner uses their commission title, is wearing their commissioner name badge or references their membership on a city commission when speaking publicly or on social media, they must state that they are speaking in an individual capacity and not as a representative of the City of Union City. (3) Election-related activity or personal activity.

Commissioners are prohibited from using their position as a commissioner for political or personal gain. For example, while potential ballot measures are under consideration or while candidate campaigns are being carried out, commissioners can elect to individually participate in campaign activity but cannot use City resources to support that activity. Thus, commissioners may engage in election-related activity as community members, and may use their commission title(s), current or former, for identification purposes, so long as they affirmatively declare that they do not represent the City or any legislative body of the City. As a point of reference, attached is a memorandum from the City Attorney related to campaign activities during the 2020 election.

CHAPTER 5 – COMMISSIONER TRAINING
A. Training Required by City.
(1) Onboard training/orientation for new commissioners.

Certain commissions may have a training/orientation workshop conducted by the City Clerk’s Office or the commission secretary. Commissioners will be contacted by the 1 3
commission secretary of any necessary training/orientation.

B. State-Mandated Training.
(1) Commissioners are required to complete biennial ethics training under AB 1234 and harassment prevention training under AB 1661 in accordance with State law and UCMC
Section 2.20.100. Newly appointed commissioners must
complete both trainings within one year of their appointment and every two years thereafter.
(2) In addition to completing the required trainings,
commissioners must submit proof of completion to the City Clerk by the required deadline. Failure to complete the training or submit proof of completion within the specified timeframe will be treated as non-compliance and will result in automatic removal from the commission.
(3) Commissioners who fail to comply with either of these requirements will be ineligible for reappointment to any board or commission for a period of 24 months from the date of removal.

CHAPTER 6 – TELECONFERENCING AND REMOTE PARTICIPATION
Commissioners may participate in meetings via teleconferencing under two distinct legal frameworks: Government Code Section 54953 (Brown Act Teleconferencing Rules) and AB 2449 (Temporary Teleconferencing Option). The conditions for each are outlined below:

A. Teleconferencing Under Government Code Section 54953 (Standard Brown Act Requirements):
• A quorum of the commission must be physically present at a publicly accessible location.
• All remote teleconference locations must be identified in the meeting agenda and made accessible to the public.
• Commissioners participating remotely under this rule must publicly disclose their teleconference location and allow members of the public to attend at that location.
• All votes must be taken by roll call.

B. Teleconferencing Under AB 2449 (Temporary, More Flexible Remote Participation):
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• AB 2449 allows limited remote participation without requiring disclosure of the commissioner’s remote location or public access to it. • This option is available only when a commissioner has “just cause” or faces “emergency circumstances.” The commissioner must notify the commission as soon as possible when invoking this provision. • Remote participation under AB 2449 is limited to two meetings per calendar year, unless a declared state of emergency is in effect. • Commissioners participating remotely under AB 2449 must have their video enabled throughout the meeting unless prevented by an emergency or an approved accommodation.

Definitions Under AB 2449:
• “Just Cause” means any of the following circumstances requiring a commissioner’s remote participation:

1. Childcare or caregiving responsibilities for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.

2. A contagious illness that prevents attendance in person.

3. A need related to a physical or mental disability that is not otherwise accommodated.

4. Travel while on official City business or related to the performance of official duties.
• “Emergency Circumstances” means a physical or family medical emergency that prevents the commissioner from attending the meeting in person.

Commissioners are responsible for understanding and complying with the requirements of each teleconferencing option. Staff will provide further guidance as needed to ensure compliance.

A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO 1999 Harrison Street, 9th Floor
Oakland, California 94612
tel (510) 808-2000
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ME M O RANDU M
Via Electronic Mail
Kristopher J. Kokotaylo
Attorney at Law
[email protected]
m
DATE: August 12, 2020
TO: All City
Employees All
Candidates
All City Commissioners
FROM: Kristopher J. Kokotaylo, City Attorney
COPY: Honorable Mayor and City Council
Joan Malloy, City Manager
Anna Brown, City Clerk
RE: Campaign Activities During Elections
As the November general election approaches, we provide this informational memorandum to remind you of State and local law restrictions on public employee and public official participation in political activities. This memorandum addresses only the broad outlines of a very complex area of the law and there are many gray areas where hard and fast rules are simply impossible to state. This memorandum is solely intended to provide current guidelines pertaining to political activities.

We recognize that city officials and employees are free to engage in political activities while off duty. But, as a general rule, we want you to keep in mind that the City of Union City, as an entity, cannot participate in political activities. Accordingly, as City officials and City employees, you must refrain from using your official capacity as representatives of the City to convey the impression that the City endorses a political campaign.

The City Mayoral seat, one City Council seat (District 1) and one local measure, Measure WW, and one regional measure, Measure W, are on the November 2020 ballot.

1. Providing Information vs. Campaigning with Regard to a City Ballot Measure or Candidates
The City has one measure, Measure WW, on the ballot this November. Government Code Section 54964 prohibits any officer, employee or consultant of the City from expending or

A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO To: All City Employees, All Candidates, All City
Commissioners From: Kristopher J. Kokotaylo, City
Attorney
Re: Campaign Activities During
Elections Date: August 12, 2020
Page: 2
authorizing the expenditure of City funds “to support or oppose the approval or rejection of a ballot measure, or the election or defeat of a candidate by the voters.” The California Supreme Court held that in the absence of clear legislative authorization, “a public agency may not expend public funds to promote a partisan position in an election campaign.”1
However, expenditures for informational purposes, rather than promotional purposes, regarding a ballot measure are allowed.2 Whether any particular communication is informational or promotional will depend on factors including the “style, tenor and timing” of the communication on a case by case basis. In general, the City can:
• Educate voters on the measures through facts, provided that the City does not “mount a campaign” to advocate for or against the measure; • Explain the impacts on the City of passage or defeat of the measure; • Post informational material on the City’s website;3
• Include the information in a separate document that is not campaign literature, and distribute the document for public information through, for example, the City Clerk’s office or at public libraries; • Mail information as part of a regular newsletter that was not created specifically for the campaign.4
The City may be involved with a ballot measure in other ways:
• The City may hire a consultant to assist in the preparation of informational material. However, the City should make it explicit that the consultant is hired for his or her expertise in preparing fair and impartial informational material.

The consultant should not be identified with any particular political interests.

If the City Council is interested in disseminating information on a measure, it should plan for a coordinated program that could include the preparation and distribution of materials to voters, and holding public meetings at which informational presentations are made.
1 Stanson v. Mott (1976) 17 Cal.3d 206, 209-210.
2 See Id. at 206.
3 The City is not required to give ballot measure opponents access to post its own information on the City website, provided that the City website is not a public forum. 4 See Vargas v. City of Salinas (2009) 46 Cal.4th 1.

2. Government Code Sections 3201, et seq. and Government Code Section 8314
California Government Code Sections 3201, et seq. and California Government Code Section 8314 apply to City officials and employees. Under State law, City officials and employees are prohibited from conducting political activities6 in the following circumstances:
• Unlawful use of office, influence, or authority;
➢ Neither City officials nor employees may directly or indirectly solicit campaign contributions from other City officials or employees.7 Solicitation from other City officials or employees is only permitted if it is part of a general effort that incidentally includes City officials and employees.8 For example, a City employee on personal time, participating in a general door-to- door solicitation effort organized by a committee can solicit a contribution from another City employee. This would be considered part of a general effort which incidentally includes the City employee. Similarly, if a City official sends a mailer paid for by a campaign committee to high propensity voters, and officers and employees of the City are intended recipients of that mailer, that would be acceptable.
➢ Neither the City Council nor employees may use their office or the influence inherent to their office to help obtain, or obstruct someone from obtaining, a position, promotion or raise within the City upon the consideration or condition that the person helped, or obstructed, will vote a certain way, or will provide political influence for a candidate, officer or party.9 Even the “urging or discouraging” of another’s action is prohibited under this statute.
➢ Finally, a Councilmember or a candidate for City Council cannot offer or arrange an increase in compensation or salary in exchange for an employee’s
5 The drafting of, and use of talking points when making presentations and answering questions about a ballot measure and responding to questions on the ballot measure on City time are permitted. 6 “Political activities” include, but are not limited to: advocacy for or against a candidate or ballot measure, solicitation of political funds or campaign contributions, signing petitions, endorsements or nomination papers.
7 Gov. Code § 3205.

A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO 8 Gov. Code § 3205(c).
9 Gov. Code § 3204.

A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO To: All City Employees, All Candidates, All City
Commissioners From: Kristopher J. Kokotaylo, City
Attorney
Re: Campaign Activities During
Elections Date: August 12, 2020
Page: 4
contribution or promise to contribute to any committee directly or indirectly controlled by the Councilmember.10
• Use of City resources to support or oppose a candidate for any elective office; • Use of City resources to support or oppose a recall effort against any elected official;
• Use of City resources to support or oppose any initiative, referendum or ballot measure;
• Participation in political activities during work hours on City premises, as governed by local rules and regulations; or
• Participation in political activities while in City uniform.11 “City uniforms” include anything worn by an individual with a City logo, identifying patch, embroidered badge, or any other identifying clothing which is routinely worn at work and has been provided by the City.
“Use of City resources” includes, but is not limited to:
• Using a City-issued landline and/or cell phone to call voters and urge them to “vote yes” on a ballot measure, or for or against a candidate; • Using a City-issued email address to send an email to voters urging a vote in favor of or against a ballot measure, or candidate;
• Using a City-owned and/or issued computer to prepare materials for or correspond with voters to support or defeat a ballot measure, or candidate; • Using City-purchased paper, pens, or other office supplies to engage in efforts to support or oppose a ballot measure, or to support or oppose the election or defeat of a candidate;
• Using a City owned/issued printer and/or photocopier to print materials supporting or opposing a ballot measure, or candidate;
• Using “City time” during the workday to participate in campaign activities; and 10 Cal. Gov. Code § 3205.5. A violation is punishable by imprisonment and/or a fine of up to $5,000. 11 See Gov. Code §§ 3201-3209, 8314.

3. Individual Participation in Campaigning
The City Council and all City employees have a First Amendment right to express their opinion on City matters, including support of ballot measures or candidates.

However, as noted above, public resources may not be used to effectuate or communicate their viewpoints. The City Council and City employees should be careful to separate their official City work from their political and campaign work.

Below are examples of permissible activities:
• Less than a quorum of the City Council may participate in the formation and operation of a campaign committee to raise funds and actively participate in campaign activities related to a measure in which the City is precluded from participating.13 Such a campaign could hire consultants to craft persuasive messages to the voters and take donations to fund the effort. Such a campaign committee must operate independently of the City. • Members of the City Council may individually participate in campaign activities related to a measure. Such participation may include making appearances at events held by local organizations, writing editorials, working on fundraising efforts, and meeting with local “opinion-makers.” City Councilmembers may introduce or announce that they are a member of the City Council, and use their title, but must also make clear that they are speaking on behalf of themselves individually, unless the City Council has taken an official position -- then he or she may speak upon the City Council’s official position.
➢ A public official should not attend a civic function (such as a meal) paid for or sponsored by the City and stand up and make a speech about why voters should support a ballot measure. However, if a City official is asked a question by an attendee on whether he or she, as an individual, will support the ballot measures, the official has a right to express his or her viewpoint.
12 See Gov. Code § 8314.
13 Less than a quorum may participate in the formation and operation of a campaign committee as the participation of more than quorum would violate the Brown Act open meeting law.

4. Union City Municipal Code Chapter 1.08 Prohibits the Use of the City Seal or Logos, except for Official City Business
Under the Union City Municipal Code, neither employees nor the general public can use the City name, seal, or logo, such as police department or public works logos, for any private purpose.14
“Private purpose” includes, the support or opposition to: any candidate for a public office, any ballot measure, initiative, referendum, or any other matter voted upon at an election.15 For example, “private purpose” includes support or opposition for Measure WW, the proposed Union City utility users tax.

A copy of Union City Municipal Code Chapter 1.08 is available online at http://qcode.us/codes/unioncity/.

5. Civil and Criminal Penalties for Using City Resources to Support or Oppose a Candidate or Ballot Measure
State law prohibits using public funds, including public moneys, City facilities, staff, or any other City equipment to support or oppose a candidate or ballot measure.16 City officials and employees may be civilly liable for unlawfully using public resources, and may be criminally liable for misappropriating public funds.17 These laws exist to protect employees and ensure that no job is dependent upon an employee’s political viewpoint or beliefs. These laws also help ensure that no political agenda becomes confused with the public policy of any City agency, and help ensure that public officials do not use their public positions for political gain. 14 Union City Municipal Code (“UCMC”) § 1.08.050; 1.08.060. 15 UCMC § 1.08.040.
16 Gov. Code § 8314; see Stanson v. Mott (1976) 17 Cal.3d 206; League of Women Voters v.

Countywide Crim. Justice Coordinating Com. (1988) 203 Cal.App.3d 529. 17 Gov. Code § 8314; Pen. Code § 424; see People v. Groat (1993) 19 Cal.App.4th 1228.

6. Local Measures on the November 2020 Ballot
Among candidates for election and other measures, there is one regional measure and one local measure on the November 2020 ballot:
a. Measure WW is a local measure that would establish a utility users tax in Union City. On August 6, 2020, the City Council adopted a resolution placing Measure WW on the November 2020 ballot for voter approval. b. Measure W is a countywide measure to establish an additional ½¢ transactions and use tax (sales tax) throughout Alameda County. The Alameda County Board of Supervisors placed Measure W on the November 2020 ballot.

While employees can utilize personal time and personal resources to support or oppose Measure WW and Measure W, it is unlawful to use City resources to support or oppose the measures.

If you have any questions, please do not hesitate to contact City Manager Joan Malloy or me at 510.808.2000 or [email protected].

KJK:

Union City City CouncilSeptember 9, 2025

Union City City Council
September 9, 2025