Political campaigns and cities operate under different rules

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Political campaigns and cities operate under different rules and legal requirements. The distinction between official city information and campaign communications can sometimes be easy to miss. An advertisement concerning Measure D appeared in the October 7 edition of the Town Crier and prominently used my name and title. I did not write, authorize or approve the advertisement, and I was not contacted before it was published.

Los Altos is having an important community conversation about Measure D. Like many issues involving land use, housing and local decision-making, Measure D raises questions that people care deeply about. Supporters and opponents have strong views about what the measure means for Los Altos, the city’s Housing Element, downtown development and the future of our community. Elections provide an opportunity for residents to ask questions, advocate for their positions and ultimately decide what they believe is best for their community.

Strong opinions naturally become part of political campaigns, where proponents and opponents make arguments and encourage voters to reach particular conclusions. California’s Fair Political Practices Commission (FPPC) regulates campaign finance, disclosure, and many aspects of political advertising, but it does not regulate whether the content of an advertisement is true or accurate. In fact, the FPPC specifically identifies “false or misleading campaign materials” as outside its jurisdiction.

The rules governing cities and their employees are different. As city manager, I cannot use public resources to support or oppose candidates, ballot measures or other campaign activity, and the same rules apply to all city employees. We can only provide factual and impartial information, such as explaining what a proposed measure would do or its potential effects. California law allows the city to provide information about the possible effects of a ballot measure when that information is accurate, fair and impartial and is intended to help voters reach an informed judgment. The city’s communications regarding Measure D must meet this standard.

Accurate and impartial information regarding Measure D, including information attributable to me in my capacity as city manager, can be found on the city’s website. This includes a Question and Answer document addressing questions raised by the community. The Q&A is available at LosAltosCA.gov/MeasureD

Gabriel Engeland is the Los Altos city manager

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