§ 2321.55. Prohibited use of public funds.  


Latest version.
  • (A)

    As used in this section:

    (1)

    "Campaign committee," "campaign fund," "candidate," "legislative campaign fund," "political action committee," "political committee," "political party," and "separate segregated fund" have the same meanings as in Section 3517.01 of the Revised Code, or a successor to that section.

    (2)

    "Expressly advocate" and "express advocacy" means unambiguously calling for the nomination, election, or defeat of a candidate for public office or the passage or defeat of a municipal ballot issue. "Unambiguously calling for" includes the use of explicit words such as "vote for," "elect," "support," "cast your ballot for," "Smith for Congress," "vote against," "defeat," or "reject;" or use of generic phrases such as "vote pro-democracy" in conjunction with the name, photo, likeness, title, or description of a candidate for public office or a municipal ballot issue.

    (3)

    "Transaction" includes a purchase, sale, trade, loan, pledge, investment, gift, transfer, transmission, delivery, deposit, withdrawal, payment, extension of credit, purchase or sale of a payment instrument, or any other acquisition or disposition of anything of value, including a benefit, privilege, claim, or right with respect to anything of value, whether real or personal property, tangible or intangible.

    (B)

    No funds of the city shall be expended, nor shall any transaction using such funds be authorized or conducted, to do any of the following:

    (1)

    Benefit, whether directly or indirectly, a campaign committee, campaign fund, candidate, legislative campaign fund, political action committee, political committee, political party, or separate segregated fund;

    (2)

    Promote or conduct illegal discrimination on the basis of race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, disability, family or military status, or any other status that is protected by federal, state, or local law or ordinance;

    (3)

    Publish, distribute, or otherwise communicate defamatory or libelous matter; or

    (4)

    Expressly advocate for the nomination, election, or defeat of a candidate for public office or the passage or defeat of a municipal ballot issue. Subsection (B)(4) of this section does not prohibit either of the following:

    (a)

    The use of public funds to compensate an employee of a political subdivision to participate in or conduct a public forum even if an election or municipal ballot issue is discussed or debated in such forum, provided the employee's activity does not constitute express advocacy; or

    (b)

    The utilization of any person's own time to expressly advocate, unless otherwise prohibited by law.

    The prohibitions in subsection (B) of this section shall apply to all officers and employees of the city, and to any person expending funds that were received from the city to be used for a permitted public purpose.

    (C)

    Nothing in this section shall be construed to limit the use of public funds to do any of the following:

    (1)

    Produce, present or communicate information about the finances, plans, policies, activities, initiatives, operations, and governmental actions of the city;

    (2)

    Conduct activities intended to promote, enforce and protect the fundamental right to vote in all municipal elections, including, but not limited to, the institution of legal action to protect the right to vote, the expansion of opportunities and eligibility to register and vote, and the undertaking of non-partisan measures to promote voter registration, education, and participation; or

    (3)

    Engage in election-related communications required by applicable law.

    (D)

    Council may declare void any city contract the proceeds of which were used, whether directly or indirectly, in furtherance of any knowing violation of this section.

    (E)

    Whoever violates this section is guilty of a misdemeanor of the first degree and shall be required to repay to the city any funds improperly used in addition to any other applicable penalty.

(Ord. No. 2030-2015, § 1, 7-27-2015)