Section 36-1.5-4-46 - Promoting position on public question prohibited(a) Except as otherwise provided in this section, during the period beginning with the date the final plan of reorganization is approved by the legislative body or considered to be approved under section 23.5 of this chapter, and continuing through the day on which the public question is submitted to the voters, a political subdivision may not promote a position on the public question by doing any of the following:(1) Using facilities or equipment, including mail and messaging systems, owned by the political subdivision to promote a position on the public question, unless equal access to the facilities or equipment is given to persons with a position opposite to that of the political subdivision.(2) Making an expenditure of money from a fund controlled by the political subdivision to promote a position on the public question.(3) Using an employee to promote a position on the public question during the employee's normal working hours or paid overtime, or otherwise compelling an employee to promote a position on the public question at any time. However, if a person described in subsection (c) is advocating for or against a position on the public question or discussing the public question as authorized under subsection (c), an employee of the political subdivision may assist the person in presenting information on the public question if requested to do so by the person described in subsection (c). However, this section does not prohibit an official or employee of the political subdivision from carrying out duties with respect to a public question that are part of the normal and regular conduct of the official's or employee's office or agency, including the furnishing of factual information regarding the public question in response to inquiries from any person.
(b) This subsection does not apply to: (1) a personal expenditure to promote a position on a local public question by an employee of the political subdivision whose employment is governed by a collective bargaining contract or an employment contract; or(2) an expenditure to promote a position on a local public question by a person or an organization that has a contract or an arrangement (whether formal or informal) with the political subdivision solely for the use of the political subdivision's facilities. A person or an organization that has a contract or arrangement (whether formal or informal) with a political subdivision to provide goods or services to the political subdivision may not spend any money to promote a position on the public question. A person or an organization that violates this subsection commits a Class A infraction.
(c) Notwithstanding any other law, an elected or appointed official of a political subdivision may: (1) personally advocate for or against a position on a public question; or(2) discuss the public question with any individual, group, or organization or personally advocate for or against a position on a public question before any individual, group, or organization; so long as it is not done by using public funds. Advocacy or discussion allowed under this subsection is not considered a use of public funds.
Added by P.L. 202-2013, SEC. 27, eff. 7/1/2013.