(a) Purpose. Sound fiscal management requires vigilance to ensure that County funds appropriated for a service contract or a grant award to participate in a County-funded program are expended solely for the public purpose for which they are appropriated. If County funds are appropriated for a service contract or a grant award to participate in a County-funded program, and those funds are instead used to encourage, discourage, or otherwise influence union activity or organization, the proprietary interests of the County are adversely affected. The use of County funds to encourage, discourage, or otherwise influence employees from union activity or organizing constitutes a misuse of County resources.
(b) Use of Funds. County funds appropriated for a service contract or a grant award to participate in a County-funded program must not be encumbered or used to assist, promote, deter, or otherwise influence union activity or organizing. Nothing in this Section shall be construed to prohibit the expenditure of County funds appropriated for a service contract or a grant award from being used to perform another act required by law.
(c) Specific Restrictions. County funds for a service contract or a grant award to participate in a County-funded program must not be used to:
(1) prepare, mail, or otherwise distribute materials related to union activity or organizing;
(2) hire an attorney or a consultant to assist, promote, deter, or otherwise influence union activity or organizing;
(3) encourage, discourage, or otherwise influence an employee from taking a position on union organizing in the workplace;
(4) prevent or facilitate access to an employer’s facilities or property by a labor organization or its representatives;
(5) encourage or discourage a program manager, policy council, committee, or community or parent group from assisting or participating in a union activity or organizing.
(d) Enforcement.
(1) The Chief Administrative Officer must require each contractor or grantee to:
(A) Certify that the contractor or grantee will not expend County funds to assist, promote, deter, or otherwise influence union activity or organizing and will comply with the requirements of this Section.
(B) Keep and submit any records associated with County funds received for a service contract or a grant award to participate in a County-program necessary to show compliance. A contractor or grantee must provide these records to the County upon request.
(2) The Chief Administrative Officer must enforce this Section and investigate any complaint of a violation.
(e) Penalty. A contractor or grantee must pay the County the amount of funds expended in violation of this Section. (2004 L.M.C., ch. 21.)
Editor’s note— See County Attorney Opinion dated 9/3/08 - (statement currently in Code that enforcement of this section is suspended based on advice of the County Attorney analyzing Chamber of Commerce v. Brown, 128 S.Ct. 2408 (2008), which held that California could not legislate a general labor policy that did not have a clear purpose of ensuring the efficient procurement of goods and services.) See County Attorney Opinion dated 9/3/08 stating that enforcement of this section is suspended based on advice of the County Attorney analyzing Chamber of Commerce v. Brown, 128 S.Ct. 2408 (2008), which held that California could not legislate a general labor policy that did not have a clear purpose of ensuring the efficient procurement of goods and services.