California Government Code §8314 Under Scrutiny Over Potential Misuse of City Websites

Prominent Oakland activist Seneca Scott has raised concerns regarding the potential misuse of public resources for campaign purposes, specifically highlighting the linking of city official websites to private domains. Scott stated in a recent social media post, "> Under California Government Code §8314, public resources cannot be used for campaign purposes. Linking the city’s official website to a private domain risks crossing that line." This statement brings renewed attention to the stringent regulations governing the use of public assets in California.

California Government Code §8314 explicitly prohibits elected state or local officers, appointees, employees, or consultants from using or permitting the use of public resources for campaign activities or unauthorized personal purposes. "Public resources" are broadly defined to include any property or asset owned by the state or a local agency, such as land, buildings, equipment, funds, and even state-compensated time. A "campaign activity" is defined as an activity constituting a contribution or expenditure aimed at influencing an election.

The concern articulated by Scott centers on digital resources, particularly official city websites. While public agencies can use their websites to provide fair and impartial information, leveraging them to link to private domains that serve campaign interests could be seen as a prohibited endorsement or use of public property. Legal interpretations and guidance from bodies like the Fair Political Practices Commission (FPPC) emphasize that public digital platforms, including websites and social media, must maintain neutrality and avoid content that supports or opposes political campaigns.

Violations of Government Code §8314 can lead to significant civil penalties, including fines not exceeding $1,000 for each day a violation occurs, plus three times the value of the unlawful use of public resources. The determination of whether an activity constitutes an impermissible campaign use often hinges on factors such as the "style, tenor, and timing" of the communication. This legal framework aims to ensure fairness in elections and prevent the improper allocation of taxpayer funds for political gain.

The ongoing vigilance by activists like Scott underscores the importance of transparent and ethical conduct in local government, especially as digital communication channels become increasingly central to public engagement. Public agencies are continually reminded to establish clear policies and practices to delineate between permissible informational activities and prohibited campaign-related uses of public resources.