Local Political Action Californa School Employees Association Publication 703 Revised February 2016 Our mission: To improve the lives of our members, students and community.
Table of Contents SECTION A Candidate and Campaign Volunteer Workers Recruitment... 2 SECTION B Campaign Activities... 5 SECTION C Election Get-Out-The-Vote Activities (GOTV)... 9 APPENDICES APPENDIX A Timeline for Conducting School Board Elections... 11 APPENDIX B Sample Letter to School Board Candidate... 12 APPENDIX C Sample Candidate Questionnaire... 13 APPENDIX D Sample Letter to Chapter Members re: Candidate Endorsement... 15 APPENDIX E Volunteer Sign-up Sheet... 16 APPENDIX F GOTV Member-to-Member Phone Rap... 17 APPENDIX G Sample Campaign Manager Form... 18 APPENDIX H ID Number/Reporting Requirements for School Board Candidates... 20 APPENDIX I School Employees Elected/Appointed to School/ Community College District Governing Boards... 21 APPENDIX J Chapter Political Activity Questions & Answers... 22
School Board Election Guide This document provides guidelines to assist CSEA members in the three major phases of a school board election campaign. Section A. Candidate and Volunteer Recruitment Section B. Campaign Activities Section C. The Election: GOTV Activities It is meant to be utilized by CSEA chapters, Political Action Coordinators (PACs), Chapter Political Action Chairs (CPACs), and other CSEA leaders working on local CSEA-endorsed campaigns. Sample forms are included in the appendix section, at the end of this document, to assist CSEA members in the development of their own school board election campaign documents. Additional forms may also be found in the CSEA Legislative and Political Handbook or from your CSEA field office. NOTE: Prior to engaging in any political activity, carefully review CSEA policies such as nos. 311 & 2000 2004 and discuss with your CSEA staff. INTRODUCTION Public employees enjoy unique advantages over those in the private sector. One of the most important of these advantages is that they can choose and elect their own boss. For years, CSEA members have been successfully doing just that. Chapters planning school board election activities should reserve at least the two weekends prior to the election for members to participate in organized CSEA volunteer campaign activities for the chapter s endorsed candidate(s). When possible, chapters should avoid scheduling other chapter meetings on these weekends so members are free to work on the campaign(s). In addition, information regarding weekday/evening volunteer activities planned by the campaign should be made available throughout the campaign to the chapter membership. NOTE: For purposes of this document, the term school board is used to cover School Board, School Bond, Community College Board of Trustees, and other local elections authorized in CSEA policy. 1
SECTION A. RECRUITMENT Form Political Action Committee to Help in the Recruitment of an Appropriate Candidate A Political Action Committee (PAC) composed of 3 to 5 chapter members should be formed. These members may be either volunteers or appointees. Check your chapter constitution or by-laws to see if it includes provisions for such a committee. If so, these guidelines should be followed in the formation of the committee. The first task of the PAC is to select a candidate(s) most deserving of CSEA s support. The candidate may be an incumbent (one whose term is expiring and who wishes to run for re-election), a new candidate who has already announced his/her candidacy, or someone recruited from your own support group (e.g. retired or active CSEA members, spouses or family of members, etc.). NOTE: See Appendix I of this document regarding election of an employee of a school/community college, district to the governing board. Develop and Distribute Questionnaire The PAC should use a standard questionnaire to help in the candidate selection. It may be mailed or hand delivered to the candidate, with an appropriate cover letter. All candidates being considered by the Chapter should receive the same questionnaire. In addition, the questionnaire may be used by the PAC to develop interview questions for the candidates. The PAC members must accept the responsibility that they are asking the interview questions as a labor organization and not as individuals. Therefore, both the questionnaire and interview questions should seek to obtain the candidate s positions on labor and education issues, and not on unrelated personal issues. The answers from each questionnaire should be compiled and a score established. An endorsement vote should take place as soon as possible, based upon the PAC s recommendations. If the PAC has conducted private interviews, or obtained candidates answers by mail, then an endorsement vote should be put on the agenda of a chapter meeting. The meeting should be well advertised in advance so that chapter members know this vote is going to take place. Candidates Night The PAC may decide to conduct a Candidates Night in conjunction with a regular or special CSEA meeting. Since a large membership audience is necessary if the chapter expects the candidates to view CSEA support as valuable to their campaign, the meeting should be structured around another chapter activity that will encourage a large turnout. 2
Recruitment of Campaign Workers Who? Once a candidate endorsement has been made by the membership, the chapter leadership must work hard to organize its membership to actively participate as volunteers in the candidate s campaign. The first step in this process is to gather as much information as possible about how the campaign will be using volunteer help. (Refer to the Sample Campaign Manager Form found in this document as Appendix G.) When? The best time to start recruiting volunteers is right after the endorsement vote has been taken. The greater the chapter s volunteer participation, the greater the recognition for CSEA by the candidate. In addition, chapter participation is an essential requirement for receiving financial assistance for the chapter s candidate from CSEA s statewide political action committee, PACE of CSEA. Such assistance requests must be made on PACE Form 9010. This form must be postmarked at least 30 days before the election date pertaining to the request. How? a) One-on-one contacts are the most effective. Chapter Officers, PAC Members, stewards and other chapter leaders should talk to employees at work sites. Phone calls can also be made to members homes asking them to volunteer, choosing among the tasks on the sign-up sheets/cards. b) Members are often overwhelmed by the prospect of being involved in a political campaign. Therefore, time and work limits should be developed which are reasonable for the volunteer. A volunteer signup sheet/card will help to produce positive results because it allows the campaign work to be split into manageable tasks. Note: The PAC members and chapter officers must volunteer their own time in order to set the example and expand the number of available campaign workers. c) Copies of volunteer sign-up sheets/cards should be distributed and collected at the chapter meeting right after the endorsement vote has taken place. Sign-up sheets/cards should also be inserted in the chapter newsletter. They can also be distributed and collected by site reps or job stewards at work sites. d) A letter from the chapter President to chapter members should report the chapter s endorsement and ask for member support of the candidates. This letter, including postage, can be paid for out of Chapter general funds. A copy of the letter and cost of the mailing must be reported to the campaign and the Government Relations Office as an in-kind contribution. For more information, refer to the document CSEA Chapter Political Activity found at the end of this document, as Appendix J. NOTE: Letters should not be mailed to service fee payers or other nonmembers of CSEA. 3
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SECTION B. CAMPAIGN ACTIVITIES Once the endorsement of a candidate has been made and sign-up sheets have been distributed and collected, the PAC members should compile the results and establish how many volunteers they have available. They should then meet with the candidate or his/her campaign manager to determine the extent of CSEA volunteer support. How many votes are needed to win? The first thing any campaign must do is determine a vote goal. This goal drives every decision in the campaign, because everything you do must lead to this goal. In most campaigns, the candidate s staff or the consultant will determine this vote goal. However, CSEA activists may have to determine this goal in small scale school board or bond campaigns. Simply defined, the vote goal is the number of votes the candidate or issue needs to win the election. A simple method of calculating this number is to: Determine the total number of votes cast in the last similar election (off year primary or general, presidential year primary or general, statewide election year primary or general, special election). It is important to analyze numbers from a like year, as turnout will vary depending on the type of election. This information can be obtained through the County Registrar of Voters. They can provide information regarding the number of voters casting ballots, the votes received by each candidate, and the names and addresses of all those casting ballots. There is a charge for copying this material. Using the above figure, calculate the number of votes you need to win. This may be 50% plus one in the case of a district election, two-thirds in the case of a bond, or a plurality in the case of a recall. Many school board races are at-large elections, in which the top two or three vote-getters win. In these cases you should determine the number of votes it took to win the last similar election. Your vote goal is this number (plus about 5% to build in a margin for error). The vote goal, in most cases, will be far lower than the total number of registered voters. In fact, due to low turnout in recent years, vote goals may be as low as one-quarter of total registration. Once you have this figure, you can determine how many voters you need to contact to influence and win the election. Precinct Walking It is important that we deliver CSEA Chapter volunteer support in a manner that gives credibility and visibility to CSEA members. There should be a specific day and time scheduled by the Chapter PAC with the campaign man- 5
ager for a CSEA Walk Day. A CSEA Walk Day is when a group of CSEA members walk precincts for the candidate. For this activity, members should wear CSEA T-shirts/hats/buttons when they arrive at the headquarters to ensure strong CSEA recognition. By walking precincts, CSEA builds credibility and goodwill with the candidate, the candidate s staff and the community. Lawn Signs A chapter can provide a valuable campaign service by distributing the candidate s lawn signs. The PAC should develop a list of members who want lawn signs and develop crews of two volunteers to deliver the signs to those members who have agreed to have lawn signs installed. The chapter can also assist the campaign with the distribution of signs to non-csea members. As there may be local ordinances, the campaign manager should be consulted regarding the legal placement of such signs. Phonebanking Depending on the size of the campaign, some candidates will attempt to poll voters in advance of the election to determine what kind of support they have. This is done by having volunteers make phone calls to registered voters. Volunteers usually work with a written script that has been prepared by the campaign and that has been designed to determine whether or not the voters support the candidate. Chapters should also establish their own phone banks, calling unit members to inform them about the CSEA endorsed candidate and to encourage members to vote. If there is a campaign office with many phones or if the campaign is using offices in the community such as real estate, etc., the calls should be made from there. If not, calls can be made from the members homes if agreeable to the campaign staff. CSEA Field Offices can also be used for phonebanking. However, phonebanking from field offices require staff to report the activity to the CSEA Governmental Relations Office on Form P-8-94. For further information on CSEA phonebanking requirements/restrictions review the CSEA Chapter Political Activity section found at the end of this document, as Appendix J. Voter Registration Chapters must make sure that their own unit members are registered to vote. Registered voter lists and voter registration cards can be obtained from the county registrar s office. Members should also be encouraged to take some registration cards home and register family members and neighbors. To be eligible to vote, one must be an U.S. citizen, 18 years old (or be 18 by election day) and have been registered to vote 15 days prior to the election day. See CSEA publication number 707 for more information on voter registration. 6
Absentee Ballots Chapter members should be contacted to explain that absentee ballots can be cast if it is inconvenient for them to get to the polls on election day. The phone number of the county registrar s office should be given to these supporters for them to request such absentee ballots, or the Chapter can provide the applications. See CSEA publication number 709 on Vote by Mail. Financial Assistance from PACE Monetary assistance from PACE (Political Action for Classified Employees) can be obtained by chapters to help support their endorsed candidates for school boards/community college boards/county superintendent offices and chapter-endorsed local bond/ballot measures. Following are the steps chapters must follow to obtain monetary assistance from PACE. A chapter membership vote for endorsement of the candidate/ measure is required, in accordance with CSEA Policies 311.9, 311.10 2002.3 and 2003.4. Once the endorsement from the chapter has been obtained, form no. 9007, a sample of which can be found in the Legislative and Political Handbook or can be obtained from your CSEA field office, needs to be filled out and submitted. Please follow instructions found on page 1 of the form. Also, please make sure you have contacted your Area Representative PACE committee member regarding your request. PACE committee members names and phone numbers are listed in the CSEA State and Chapter Directory. One important criteria for obtaining financial assistance from PACE is that chapters will be actively involved in campaign activities such as precinct walking, distributing lawn signs, phonebanking, etc. Make sure you include that information when you fill out your 9007 Chapter Victory Club Membership form. The answers you will provide on the form are critical to the PACE Committee s evaluation of your chapter s request for financial assistance. Fundraising Activities Important: CSEA Policy prohibits the use of CSEA Chapter funds for any type of political contribution/fundraiser due to tax implications and possible impact on the Association's and Chapter s non-profit status. (NOTE: Prior to any fundraising activity, the chapter needs the prior approval of CSEA s statewide political action committee, PACE.) One of the most pressing needs candidates have is fundraising to pay for the campaign. However, prior to considering such activity, refer to the document entitled CSEA Chapter Political Activity at the end of this document or call your CSEA field office for a copy. The Chapter should be able to commit to the campaign a number of people willing to address invitations, make phone calls, etc. to get people to participate in the candidate s fundraisers. The Chapter should always start by calling its own members. The campaign can also supply a list of its supporters to contact. NOTE: Members can also register to vote by phoning a toll-free number: (800) 345-VOTE. NOTE: Prior to any fundraising activity, the chapter needs the prior approval of CSEA s Statewide Political Action Committee, PACE. 7
NOTE: CSEA Policy prohibits the use of Chapter General Funds, or any other chapter funds for direct contribution to candidate/bond/ballot measure campaigns. However, chapters may contribute to local bond/ballot measures with chapter funds by making the chapter s contribution payable to the PACE II Issues Account and forwarding it direct to PACE along with a completed PACE Form 9012. PACE will, in turn, forward such contribution to your designated local bond/ballot measure campaign and ensure proper reporting. All candidate financial assistance MUST, however, come from PACE funds and MUST be requested using the current Financial Assistance Request Form no. 9010. By being a worker at a fundraising activity and wearing a CSEA button or t shirt, CSEA gains greater candidate and community visibility. Fundraising activities can also be planned by chapters without going through the candidate s campaign as long as ALL the funds are transmitted to the candidate as a CSEA contribution from fundraiser proceeds and NOT as a CSEA political contribution from the chapter s general fund. The chapter should inform the campaign manager or candidate in advance of this planned activity. A good example of such an activity is a garage/yard sale. See note in left margin. 8
SECTION C. ELECTION GET-OUT-THE-VOTE ACTIVITIES (GOTV) As election day nears and the campaign draws to a close, the attention of chapter volunteers should shift to the job of ensuring that the candidate s supporters actually vote. These activities are termed Get-Out-The-Vote or GOTV. If the chapter membership has been organized around the campaign, it should be relatively easy to make sure that members turn out to vote. To successfully carry out GOTV activities, phone callers and people with cars will be needed. One to Four Days Before Election Day a) Make phone calls to remind members, their families, friends and neighbors to vote on election day, indicating where polling places are and offering transportation, if needed. b) The campaign staff will also supply lists of supporters to call. c) Carpools should be organized by work sites (e.g. for groups of employees to go and vote during their lunch break). d) Make arrangement with Campaign to provide Chapter volunteers for GOTV campaign activities on election day. The Day of the Election GOTV If the campaign staff has organized for poll watchers to monitor the county voter registrar s lists of voters at the polling place to verify if the candidate s supporters have voted, there will be a need for volunteers to call supporters who have not yet voted. Volunteer precinct walkers are also critical to the success of GOTV. NOTE: A file of volunteers names should be maintained for future campaigns. After the Election, Formally Thank Your Employees Thanking volunteers is most important. The chapter should also give recognition to its campaign volunteers at a chapter meeting and/or in the chapter newsletter. Candidates usually hold Election Night Victory Parties for supporters and campaign workers. They also like to send thank-you notes to people who have helped in campaign and they will request name lists of member volunteers from CSEA. So, it is important to keep track of these member volunteers (and non-members) as well as their phone numbers and addresses. These lists will also be useful to the chapter in future campaigns. 9
NOTE: Chapters should seek the guidance of their field staff before communicating or meeting with a Board member or testifying at a Board Meeting. This will insure CSEA follows proper procedures for such activities and that a unified organizational position is developed. Keep in Touch with the Newly-Elected Candidate After spending the Chapter s time and resources to elect the Chapter s candidate, it is very important that the Chapter keeps in touch with the candidate after the election is over. Regular contacts, whether in person or by phone, must be maintained by CSEA with the newly-elected candidate. These scheduled meetings should be used to discuss Board agenda items which will affect CSEA members as well as other issues of importance to classified employees. In addition, Chapter members should attend board meetings on a regular basis, presenting testimony as required. For additional campaign activity information, refer to Section 3 Elections and Campaign Activities of the CSEA Legislative and Political Handbook. 10
Appendix A School Board Election Timeline This is a timeline for an election being held in November. May June Form interview committee/political Action Committee (PAC) Select date for interviews Select place for interviews Select Questionnaire August Obtain candidate information from the Registrar of Voters. The candidate filing deadline will be approximately 90 days before the election. Send letters to candidates inviting them to interview Hold interviews with candidates Start working on campaigns/recruit volunteers Increase chapter Victory Club membership Conduct volunteer recruitment training September Vote at chapter meeting for recommended candidates Fill out Financial Assistance Request Form No. 9010 Mail Financial Assistance Request Form No. 9010 Form must be postmarked thirty (30) days before the election Start working on campaigns/recruit volunteers October PACE Committee acts on form no. 9010 Present checks to candidates (if financial assistance has been approved) Work on campaigns/recruit volunteers Victory Club Awareness Month NOTE: Use School Board Election as opportunity to recruit new Victory Club members. November Finish up campaigns Election Day-Vote-Win Celebrate Volunteer Recognition December Make sure chapter members are at board meeting for the installation of new board members. Remember, after you have elected board members it is your responsibility to hold them accountable. You must attend meetings, monitor voting records, and let them know what your chapter needs are. If you don t let them know what you want and need, they can t help you. 11
Appendix B California School Employees Association (date) (candidate name) (address) Dear School Board Candidate: Chapter of the California School Employees Association (CSEA) represents approximately classified employees working for the School District. As represented in the attached CSEA Membership Profile, CSEA is the largest classified employee union in the country, representing a diverse membership dedicated to public education. The majority of these workers live within the boundaries of the school district for which they work. They have a special knowledge and expertise about how their educational system functions, and in many cases, they are also the parents of children attending school in the district. CSEA Chapter would like to endorse and lend support to one of the candidates currently seeking to be elected to the School District Board of Trustees at the upcoming, 200 election. To assist the chapter with our endorsement process, the enclosed questionnaire is being sent to all candidates. Candidate responses will initially be reviewed by the chapter political action committee, which will then make a recommendation to the chapter for an endorsement vote. It is expected that this chapter endorsement action will be finalized by. If you wish your candidacy to be considered for endorsement, please answer the enclosed questionnaire as completely as possible, attaching related supplemental information such as your biography and listing of endorsements. The completed questionnaire must be postmarked no later than, 200. For your convenience, a return self-addressed envelope has been enclosed. If you have any questions, please feel free to contact me at. We look forward to receiving your response. Sincerely, California School Employees Association Chapter, Chapter President Attachment: CSEA Membership Profile 12
Appendix C California School Employees Association CSEA Chapter School Board Election Candidate Questionnaire Note: Candidate Questionnaire must be postmarked by for endorsement consideration. Please mail questionnaire to: Candidate s Name Occupation Political ID No. Address Home Phone ( ) Work Phone ( ) Note: Use a separate sheet if additional space is necessary for your answers. Attach a copy of your biography/endorsement writing if one is available. 1. Why are you a candidate for the school board? 2. Have you served on a school board or in any other similar elected office? Yes No Which one(s)? Since? 3. What are your qualifications? 4. Do you know the difference between classified employees and certificated employees? Yes No _ What is it? 5. What are your priorities if elected? 6. How long have you lived in this school district? Do you currently have children attending school in this district? In the past? 7. Have you attended any school board meetings in this district? Yes No How many? For what reasons? 13
8. If elected (or re-elected), how much time would you spend in work site visitation? Where and who would you visit? 9. What are your activities in this community? 10. Who are your supporters so far? 11. What planning/organizing have you done on your campaign to date? 12. What is your position on collective bargaining for school employees? 13. Do you support Agency Shop for school employees? 14. Do you support Binding Arbitration of grievances? 15. How do you feel about classified employees being members of important, decision-making committees within the district? 16. Do you like input from employee organizations? 17. What is your position on contracting out of school services, such as cafeteria, custodial, maintenance, transportation, etc. 18. What kind of support would you like from the local CSEA chapter members? 19. Additional Comments: 14
Appendix D California School Employees Association (date) Dear employee of the School District: At our chapter meeting, members of CSEA chapter voted to endorse, candidate for the School Board election to be held 200. As most CSEA members live within the boundaries of the school district, they will be able to vote in this upcoming election. Therefore, I wanted to take this opportunity to inform you about the chapter s important endorsement. CSEA wanted to endorse someone who shares our members concerns about the proper operation of our school district and who will best represent the labor and education interests of the members of our Chapter. is that candidate. To ensure victory for our candidate on Election Day, CSEA will be providing volunteers for campaignrelated activities. Some of you are already volunteering, but we still need more help. Enclosed is a signup sheet which I hope you will complete and return. For more information about CSEA s involvement in this campaign, please do not hesitate to contact me at. And remember to vote for on election day. Your vote does count! Sincerely, (Signed) Chapter President, Chapter Enclosure: Volunteer Sign-up Sheet 15
Appendix E California School Employees Association ACTIVITY: VOLUNTEER SIGN-UP SHEET Name (please print) Address Home phone ( ) Work site Work phone ( ) I am willing to participate in the following activities: Distribute lawn signs Put a sign in my front yard Address/stuff envelopes Make phone calls Register voters Distribute leaflets/walk precincts Help with fundraising projects Help collect money Hold meetings at my house Best day/time to reach me at home I would like to contribute $ to the campaign Authorization to use name: You may use my name as a supporter in written campaign material: (Signature) Please return this form to no later than, 200 16
Appendix F GOTV Member-to-Member Rap Hello, my name is. I m a classified employee and a member of CSEA s chapter (number and name). I m calling to remind you of the election this (day) and to make sure you remember to vote for CSEA s endorsed candidate (Candidate s name) for (District Name) School Board. Do you plan to vote for (Candidate)? If No or Undecided: Well, CSEA has endorsed (Candidate) because (he/she) supports public education and classified employees. Can we count on your support for on? (election date) If still No or Undecided: Thank you for your time (and hang up). If Yes: Great! This is expected to be a very close election, and the votes of CSEA members could make the difference. Please remember to vote on (date). 17
Appendix G California School Employees Association Attention: Campaign Manager The California School Employees Association s Chapter has endorsed your candidate in the November General Election. Representing over 220,000 classified employees statewide, and employees locally, we are asking that you return this form by so we can participate in your candidate s campaign. (See attached CSEA Membership Profile) 1. Candidate District 2. Campaign Manager s Name: Field Coordinator s Name: 3. Campaign Headquarters Address (Primary): ZIP Phone No.: Fax No.: 4. Satellite Campaign Addresses (if any): 1. Phone No.: Fax No.: Contact Name : 2. Phone No.: Fax No.: Contact Name: 5. Name of Campaign Committee and I.D. Number: Candidate s Name: District: 6. Do you have candidate lawn signs available? Yes No 7. What other candidate campaign materials are available (buttons, bumper stickers, etc.)? 8. Are you running phonebanks? Yes No If yes, who is the coordinator: Name Phone No.: Dates Times/Locations: 1. 2. 3. 18
9. What is your volunteer schedule the last two weekends before the election? Dates Times/Locations: 1. 2. 3. 4. 5. 6. 10. What is your volunteer GOTV schedule? Dates Times/Locations: 11. What special labor activities are planned? Dates Times/Locations: 1. 2. 3. Candidate s Name: District: 12. Are absentee ballots an emphasis in the campaign? Yes No If yes, please fax sample absentee ballot application to this office. 13. CSEA may mail a letter on behalf of your candidate to its members residing in the candidate s district or place an article in the union s newspaper. Please assist us by providing a draft letter and article about your candidate with a labor/education perspective. 14. Please attach a candidate biography. 15. Please attach a list of candidate endorsements. 16. Please attach any available campaign literature. Additional information: Please mail this completed form, draft of candidate s letter and other attachments by to the following: CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION Chapter Address City Zip Fax: Attachment: Membership Profile 19
Appendix H Identification Numbers for School Board Candidates and Reporting Requirements Any candidate/campaign receiving $2,000 or more in contributions, in aggregate, is required to have an ID number. This means if a candidate/campaign receives $800 from CSEA, $600 from CTA and $700 from CFT, they have received an aggregate amount of $2,100. They are therefore over and above the $2,000 requirement and need an ID number. Chapters should check with any candidate/campaign who has not provided an Identification (ID) Number, or who claims not to need one, and verify that their total contributions for the election will be under $2,000. No checks can be sent to candidates/campaigns without ID numbers, unless this verification has been made. To apply for an ID number with the Secretary of State, use form California Form 410. A copy of this current form and a pamphlet describing Campaign Reporting Requirements can be obtained by calling (916) 653-6224 or writing to: Secretary of State Political Reform Division 1500 11th Street, Room 495 Sacramento, CA 95814 20
Appendix I School Employees Elected/ Appointed to School/Community College District Governing Boards/County Board of Education Any person, who is 18 years of age or older, a citizen of the state, a resident of the school district, a registered voter, and who is not disqualified by the Constitution or laws of the state from holding a civil office, is eligible to be elected/appointed a member of the governing board of a school/community college district. However, effective October 14, 1991, employees of a school/community college district who are elected or appointed to the governing board of that same district are required to resign from their employment with that district before being sworn into office as a member of that governing board. Also, any employee of a school district is prohibited from serving as a member of a County Board of Education pursuant to Education Code Section 1006. The above provision also applies to members of governing boards who are employees in those districts as of January 1, 1992, upon re-election or reappointment to such governing boards on or after January 1, 1992. If an employee does not resign, the employment will automatically terminate upon being sworn into office. These provisions are contained in Education Code sections 1006, 5012, 35107 and 72103. A complete text of the most current provisions of these sections may be obtained from your CSEA Field Office. 21
Appendix J CSEA Chapter Political Activity IMPORTANT NOTICE: Serious problems could occur to CSEA and a local chapter if the local chapter membership and/or its leadership fail to adhere to the provisions on campaign contributions and disbursements outlined in this document, including: 1. The chapter could jeopardize its and CSEA s nonprofit tax-exempt status; 2. The chapter may become subject to federal, state or local fines and penalties from improperly collected/distributed/ reported contributions; and 3. CSEA may become subject to federal, state or local fines and penalties from improperly collected/ distributed/ reported contributions. 22 INTRODUCTION CSEA considers chapter political activity vital to the union s ability to protect, promote and strengthen the working rights of classified employees. However, as chapter activity in the political arena increases, chapters must be aware of increasingly complex federal, state and local campaign laws and regulations applicable to union political activity. Chapters must also adhere to CSEA policy regarding political activity as defined in Section 311 and Section 2000 of the CSEA Policy Handbook. This publication is written in an easy to follow question and answer format and is intended to provide a basic outline of permissible federal, state and local campaign activities CSEA chapters may reasonably engage in. Chapters wishing to become involved in political activities at a level beyond the scope discussed in this publication should contact their PACE of CSEA Area Representative, PACE Chair and/or CSEA Governmental Relations Office. QUESTIONS AND ANSWERS Most often asked questions are contained in the following categories: A. PACE of CSEA B. Holding CSEA Political Fundraisers C. In-Kind Contributions and Chapter Activities D. Collecting & Forwarding Contributions E. On-Campus Political Activities A. PACE OF CSEA 1. What is PACE of CSEA? PACE of CSEA is the acronym for CSEA s political action committee, Political Action for Classified Employees of the California School Employees Association. The purpose of PACE is to support or oppose candidates or ballot measures based on the candidates or measures position on public education, labor, retirement, and other issues of importance to classified employees. It is only through this committee that contributions from CSEA can be made on behalf of a candidate, ballot measure, or local bond measure. Chapters are prohibited from making such contributions. Refer to CSEA Policy Sections 311, 2001, 2002, 2003, and 2004 for a full explanation of PACE functions, including candidate and ballot measure endorsement and contribution procedures.
2. What is PACE I? PACE I is the Candidate account under PACE of CSEA that is used to provide financial support to state and local candidates endorsed by CSEA. It is only through this committee that contributions from CSEA can be made on behalf of any candidate. Chapters are prohibited from making such contributions. Note: PACE of CSEA is prohibited from making contributions to federal candidates. 3. What is PACE II? PACE II is the Issues account under PACE of CSEA that is used to provide financial support to statewide initiatives and local bond measures endorsed by CSEA. 4. What is the PACE Victory Club? The Victory Club is an important program that helps to build funds for PACE of CSEA. The program offers a variety of memberships to CSEA members and staff, making it possible for CSEA members to easily participate in this important program to help protect the working rights of classified employees. (Refer to CSEA Policy 311.5.01 (d)). B. HOLDING CSEA POLITICAL FUNDRAISERS 1. Can a CSEA member hold a fundraiser in his or her home for a candidate that has been endorsed by CSEA? Yes. Costs associated with such a fundraiser, paid for by the CSEA member in whose home the event is held, do not count as in-kind contributions and need not be reported as such so long as the total cost of the event does not exceed $500. Total cost includes printing and postage for invitations, food, beverages, signs, etc., regardless of who pays for them. (See Section C: In-Kind Contri butions & Chapter Activities.) If the costs do exceed $500, then the entire amount is reportable as an in-kind contribution (and not just the amount over $500) by whoever paid the costs, and therefore would require the preapproval of the PACE Committee by contacting the Governmental Relations Office. (See Section D: Collecting and Forwarding Contributions.) 23
2. Can a group of CSEA members sponsor a fundraiser in a member s home, sharing in the cost of the event? Yes. Provided the cumulative costs between the member occupant of the home and the non-occupant member(s) do not exceed $500. Even though the occupant member does not have to report his/her costs, as specified in question (1) of this section. The members who are the non-occupants of the home are required to report their expenses to the candidate s campaign committee. This can be done by submitting a memo to the campaign committee at the time the proceeds are turned over to the campaign committee, listing the name and address of the non-occupant member(s), item(s) purchased, and cost(s) of item(s). 3. Can individuals who are not CSEA members attend a fundraiser held in a member s home on behalf of a CSEA-endorsed candidate? Yes. 4. Can a CSEA member or chapter hold a fundraiser at a restaurant or some facility other than a member s home? Yes. However, this type of event would be considered entirely as an in-kind contribution to the candidate and would require the preapproval of the PACE Committee by contacting the Governmental Relations Office. This is true even if the restaurant donates the facility, food, beverages, etc. Note: Because there are substantial reporting responsibilities with this type of event, PACE advises against holding them. 5. Can a CSEA member hold a fundraiser for a candidate in his or her office? No. Since CSEA members offices are located on school property, and current law prohibits the use of school facilities for political fundraisers, CSEA members are unable to use their work facilities for this purpose. 6. Can a CSEA member hold a fundraiser in a CSEA Field Office or at CSEA Headquarters? Yes. However, such an event would be considered an in-kind contribution and require the pre-approval of the PACE Committee, Governmental Relations Office and the approval of the Field Director of the office in which the event would be held. 24
C. IN-KIND CONTRIBUTIONS AND CHAPTER ACTIVITIES 1. What is an in-kind contribution? An in-kind contribution is a non-monetary contribution, such as providing paper and stamps, office space, telephone usage, photocopies, etc., to a candidate s campaign. In-kind contributions are subject to the same reporting requirements as monetary contributions and are valued at the fair market value of the goods or services provided. For these reasons, CSEA chapters are generally not permitted to make in-kind contributions to a candidate. For specific exceptions refer to questions 7 and 9 below. 2. Does an in-kind contribution include voluntary personal services? No. Volunteer work by CSEA members on behalf of CSEAendorsed candidates is one of the most important ways CSEA can expand its influence in state and local politics. There are no reporting requirements, because volunteer work is not considered a monetary or an in-kind contribution. 3. Can CSEA chapters endorse local candidates or local ballot measures? Yes. However, only for candidates of governing bodies with jurisdiction over the chapter s bargaining unit. This generally limits such endorsements to school board candidates and school bond measures. Care must be taken to ensure CSEA Policy Sections 311.9; 2003.4; 2004 relating to chapter endorsements are carefully followed to ensure such endorsements are valid. 4. Can chapters endorse federal, state constitutional office candidates or candidates for the California State Legislature? No. Only the CSEA Board of Directors and PACE of CSEA are given this authority through CSEA Policy. 5. Can CSEA chapters endorse statewide initiatives? No. Only the CSEA Board of Directors is given this authority through CSEA Policy. 6. Can CSEA members lend their names in support of candidates for non-partisan and partisan office? Yes. Individual members are in no way prohibited from lending their names in support of such candidates. However, great care should be taken to assure that it is clearly understood this is the 25
member s personal position, not the chapter s or CSEA s. In other words, an individual CSEA member cannot permit the use of CSEA s name by a local, state or federal candidate or state ballot measure committee. Refer to CSEA Policy 311 for detailed information on CSEA and chapter endorsements of local, state and federal candidates as well as local ballot measures. 7. Can a CSEA chapter use chapter general funds to print and mail a letter to the chapter membership on behalf of a CSEA-endorsed candidate, statewide initiative, or local bond measure? Yes. This is considered a member communication. However, because such a mailing is reportable as a non-monetary in-kind contribution to the campaign committee, PACE pre-approval is required by contacting the Governmental Relations Office. 8. Can a CSEA chapter use chapter general funds to print and mail a letter to non-chapter membership on behalf of a CSEA-endorsed candidate? No. This type of letter is not a member only communication. Therefore, general fund monies may not be used. 9. Can a CSEA chapter use its chapter newsletter to pub lish endorsement articles on CSEA-endorsed candidates without reporting it as an in-kind contribution? Yes. As long as the chapter publishes such an article in its regularly published newsletter, at its regular time of publication, and does not alter the size, distribution or regular appearance on the newsletter or make any other special accommodations for the candidate s article, and the newsletter features a variety of other articles of interest to chapter members. Following these guidelines will insure that the article is considered a regular communication to the chapter membership, and not an in-kind contribution to the candidate. 10. Does CSEA reimburse members for mileage, food and other costs associated with their volunteer work on a campaign? No. Such a reimbursement would be considered an in-kind contribution and in-kind contributions cannot be made from the CSEA general fund. Costs for members are generally minimal since they are working on campaigns in their community and the campaigns usually provide food and beverages for their volunteers. 26
11. Can the chapter general fund account be used to reimburse members for mileage, food and other costs associated with their volunteer work on a campaign? No. Such a reimbursement would be considered an in-kind contribution and in-kind contributions cannot be made from the chapter general fund account. For specific exceptions refer to questions 7 and 9 above. Costs for members are generally minimal since they are working on campaigns in their community and the campaigns usually provide food and beverages for their volunteers. 12. Can the chapter general fund account or Sunshine Club Fund be used to make political contributions to a local, state or federal candidate? No. PACE of CSEA is the only authorized fund to make candidate contributions. There are no exceptions. 13. Can chapters use their general fund or Sunshine Club Fund to buy tickets to a local, state or federal candidate s fundraiser? No. PACE of CSEA is the only authorized fund to purchase tickets to candidate fundraisers. There are no exceptions. 14. Can chapters establish a chapter political action committee with separate funding for candidate contributions or fundraisers? No. PACE of CSEA is the only authorized fund to make candidate contributions or to purchase tickets to candidate fundraisers. There are no exceptions. 15. Can the chapter general fund be used to contribute directly to a chapter endorsed local bond measure? No. However, chapters should refer to CSEA Policy 2004.3.01, for bond contribution alternatives. D. COLLECTING AND FORWARDING CONTRIBUTIONS 1. Should contributions from CSEA members attending a fundraiser sponsored by a CSEA member on behalf of a CSEA-endorsed candidate be collected by using personal checks? Yes. While not legally required for contributions less than $100, 27
PACE requests that contributions should be made by personal check by the individuals who are contributing and those checks are to be made out directly to the campaign committee being benefited (i.e. Jones for School Board Committee including the campaign committee I.D. number). When contributions are collected in this manner, it insures that no reporting requirements on the part of CSEA or PACE of CSEA will occur. These contributions should be mailed within 3 days directly to the candidate s campaign committee office. The PACE Committee, through the Governmental Relations Office, should be informed about the total amount collected for the candidate and the date of the event. 2. Are there additional requirements if a contribution check in the amount of $100 or more is collected at a fundraiser for a candidate? NOTE: Current law prohibits contributions from being delivered to any state capitol or local office. Contributions should only be mailed/delivered to a candidate s campaign office. Yes. In addition to the standard information that is provided on the contributor s personal check (Name, Address), the member hosting the fundraiser should obtain the contributor s occupation and employer information for the campaign committee being benefited and forward that information to the campaign committee with the checks of $100 or more. The PACE Committee, through the Governmental Relations Office, should be informed about such contributions. 3. Are there any instances where cash contributions to a candidate can be collected? Yes. However, PACE of CSEA strongly discourages this type of fundraising since tracking the money and its source can become very complicated. It is legal to collect cash contributions under $100. However, PACE of CSEA requires that the name, amount of contribution and address information about the contributor be collected and forwarded to the campaign committee and the PACE Committee, through the Governmental Relations Office, at the time that the contribution(s) are forwarded to the campaign committee. 4. How should cash contributions be forwarded to a candidate s committee? The total cash raised on behalf of a candidate should be converted into a money order for purposes of forwarding the contribution to the candidate committee. The money order should be accompanied by a signed explanation that the money order represents cash receipts from a fundraiser on behalf of the candidate, with no single contribution exceeding $99. 28
5. Can cash contributions on behalf of a CSEA-endorsed candidate be deposited into a chapter s general fund account and then a check from the chapter s general fund account be forwarded to the candidate in the total amount of the cash contributions? No. Contributions of any type should never be deposited into a chapter account of any type. This would be considered co-mingling of funds and would have damaging tax consequences on the chapter and CSEA. NOTE: Cash contributions should never be deposited in a chapter s general fund account. 6. Can a CSEA meeting (RPM, Chapter Meeting) be used to Pass the Hat to collect small cash donations on behalf of a CSEA-endorsed candidate? Yes. Provided the meeting is not being held on school property. The same provisions outlined in questions (3), (4) & (5) of this section apply to a Pass the Hat effort on behalf of the candidate. E. ON-CAMPUS POLITICAL ACTIVITIES 1. Can individual employees conduct political activities, such as circulating petitions or distributing political brochures, buttons, etc., on campus? Yes. However such political activities must: a. Not be undertaken during working hours. b. Not dominate or take over the areas or rooms where employees have their off-duty hours. Organized rallies, speeches to groups, etc. would be an example of taking over (Education Code 7055). 2. Can individual employees collect money or solicit contributions for political campaigns or the Victory Club on campus? Ballot and Bond Measures. Yes. However a local agency, including public education institutions, may prohibit or limit such activities by its employees during their working hours and may prohibit or limit entry into buildings and grounds under the control of local agency for such purposes during working hours. All such contributions must be collected and made payable to the designated campaign committee under the provisions outlined in the Collecting & Forwarding Contributions section. Local or State Candidates. Yes. However, the collection of money or solicitation of contributions should be on a person-to-person basis, or in small informal groups, subject to such limitations as imposed by rule or regulation of the employer. All such contribu- NOTE: Always check local policies and restrictions regarding on-campus political activities. 29