HOUSE OF REPRESENTATIVES

                      Olympia, Washington

Bill Analysis      Bill No. HB 2716

Public employees bulletin boards                Hrg Date:  2/3/98

Brief Title

Rep. D. Schmidt/D. Sommers                           Staff Contact: Steve Lundin

Sponsor                                    Comm. on Govt. Admin.

                                           Phone: 786-7127

BACKGROUND:

Public facilities may not be used, directly or indirectly, to assist in the campaign of a person for elective public office or to promote or oppose a ballot proposition.  Examples of public facilities that may not be used for such purposes include stationary, postage, machines, and equipment, use of public employees during working hours, vehicles, office space, publications, and clientele lists of persons served by a public agency.

However, this restriction does not apply to the following uses of local government public facilities:

oMembers of a local elected legislative body may use public facilities to take collective action at a public meeting expressing their decision, or voting on a motion or resolution, to support or oppose a ballot proposition, if notice of the meeting is given and members of the general public are afforded an approximately equal opportunity to express a view opposing the collective position that is taken.

oLocal elected officials may use public facilities to make a statement in support or in opposition to any ballot proposition if the statement is made at an open press conference or made in response to a specific inquiry.

oLocal government public facilities may be used for such purposes if involved in activities that are part of the normal and regular conduct or the office or agency.

                                                     Continued

HB 2716 - Page 2

SUMMARY:

The general prohibition on using local government public facilities for campaign purposes includes a prohibition on the use of public facilities to display or post materials containing statements or articles supporting or opposing a campaign to elect a person to public office or to promote or oppose a ballot proposition.  This includes posting union newsletters, brochures, or posters containing such statements or articles on employee bulletin boards located in employee lounges that are off limits to the general public, even if the posting is done under a labor agreement between the local government employer and a union or bargaining unit representing public employees.

FISCAL NOTE:  Not requested.

EFFECTIVE DATE:  Ninety days after adjournment of session in which bill is passed.