Ballot Measure Issues

Tenet 7 of the ICMA Code of Ethics draws a distinction between activities on behalf of a candidate for elected office (such activities are not permitted) and advocacy for issues (these are permitted). The Code recognizes that there is a legitimate role members can play in providing crucial information to governing bodies and the voters on the impact of ballot measures.  The guidelines also permit members to provide information and assistance with elections on the council-manager form of government.  

Tenet 7. Refrain from all political activities which undermine public confidence in professional administrators.  Refrain from participation in the election of the members of the employing legislative body.

Guidelines

Presentation of Issues.  

Members may assist the governing body in presenting issues involved in referenda such as bond issues, annexations, and similar matters.

Elections in the Council-Manager Plan.  

Members may assist in preparing and presenting materials that explain the council-manager form of government to the public prior to an election on the use of the plan.  If assistance is required by another community, members may respond.  All activities regarding ballot issues should be conducted within local regulations and in a professional manner.

Members may make financial contributions to issue-oriented political action committees (PACs), publicly express their views, and actively engage in the debate and dialogue. As members consider their involvement, they should keep in mind these points:

  1. Know and comply with the law regarding use of public resources for ballot measures.
  2. Consider where the governing body stands on the issue. If members are opposed or divided, a lower-profile strategy limited to providing background information on the measure may be wise.
  3. Caution is necessary even if you decide to actively join the debate. Think carefully about the most effective role you can play and what impact your involvement may have on your ability to serve the local government.
  4. If you feel compelled to raise funds for the measure, do not ask your staff to contribute, as they may not feel free to say no.

This advice works for senior staff as well as the manager. A strong argument can be made that the proper role for all staff is to provide the information and then let the voters decide. There is an equally compelling argument that, as professionals who have expertise in local government operations and a vested interest in the future of the community, it’s an act of integrity on the part of leaders  to make their voices heard.

Ethical scenarios from PM’s Ethics Matter!

 Off to the Election Races (2010)

 Politics, Issues, and Lame Ducks (2009)