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 personal advocacy for issues (these are permitted). The Code recognizes a member can play a legitimate role in providing crucial information to governing bodies and the voters on the impact of ballot measures. The guidelines permit members to provide information and assistance with elections on the council-manager form of government and how to engage on issues of personal advocacy and/or interest.
A member may make financial contributions to issue-oriented political action committees, publicly express his or her views, and actively engage in debate and dialogue. As a member considers potential involvement, keep these points in mind:
- Know and comply with the law regarding use of public resources for ballot measures. Many states or jurisdictions prohibit the use of public time or resources on measures once they are formally placed on the ballot.
- Consider where the governing body stands on the issue. If governing body members are opposed or divided, a wise strategy would be to limit the effort to providing background information on the measure.
- Prepare a communication plan in advance for any ballot measures that are directly related to the local government. At a minimum, the communication plan should detail how information will be distributed to the public and what role staff will play (i.e., does the governing body expect staff to be an advocate, for or against, or be neutral; and what public resources will be devoted to the matter). Clarity at the beginning of the process will help to offset the possibility of misunderstandings.
- Caution is necessary even if a member decides to actively join the debate. A member should think carefully about what impact the issue involvement may have on the member’s ability to effectively serve the local government and community in both the short and long-term.
- If a manager feels compelled to raise funds for the measure, the manager should not ask employees to contribute because employees may not feel they are not free to decline the request given the manager’s supervisory role.
This advice is applicable for senior staff as well as the manager. Some members may feel the proper role for all staff is to provide information and then let the voters decide, while other members may take the approach that as professionals who have expertise in local government operations and a vested interest in the future of the community, it is an act of integrity on the part of leaders to make their voices heard.
Applicable Tenet and Guidelines
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:
Elections Relating to the Form of Government. Members may assist in preparing and presenting materials that explain the form of government to the public prior to a form of government election. If assistance is required by another community, members may respond.
Presentation of Issues. Members may assist their governing body in the presentation of issues involved in referenda such as bond issues, annexations, and other matters that affect the government entity’s operations and/or fiscal capacity.
Personal Advocacy of Issues. Members share with their fellow citizens the right and responsibility to voice their opinion on public issues. Members may advocate for issues of personal interest only when doing so does not conflict with the performance of their official duties.
