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II Date: 04/13/92 ' From: Shirley Meckley CEPNSMM - RIS1 Su ject: Political Buttons To All City Supervisors: We are r ceiving questions from supervisors regarding whether emplyees may wear campaign buttons on City time during political campaigns. In essence these buttons re a form of speech protected by the first amendment to the U.S. Constitu ion. While em loyees may exercise their right to free speech while on the job, the City may regulate the time, place and manner of that speech, if necessary, to insure e ficient and effective operations and harmony among co-workers. Super- visors, herefore should address disharmony in the work place, even if the disharmo y has to do with protected speech. This can be sensitive. The super- ' visor ma address the time, place or manner of conduct or speech that is disharmo ious, but not the content of protected speech itself. For exam le, if an employee is wearing a button and is not engaging in conduct that is inappropriate, and a co-worker responds offensively, the supervisor may address he offensive conduct. The content of the employee's response is protecte speech, but the offensive manner or inappropriate time or place of the resp nse may be addressed. The supervisor should also instruct the offendin employee that the button is protected speech. ~I, A second example: If an employee wearing a button acts offensively in response to a co- orkers non-offensive comment ("Oh, I have a different point of view"), then the supervisor must address the button wearer's offensive conduct. Once again, h wever, the wearing of the button, and the employee's appropriate comments about the button's message are OK and cannot be the cause for any discipli e or coaching. A final xample: If a customer acts offensively toward an employee wearing a button, he supervisor's appropriate action would be to intervene with the ~ customer on behalf of the employee and remind the customer of the City's obli- gation t uphold the employee's first amendment right to free speech. First am ndment protection does not apply to the adornment of City property or to situa ions where employees wear prescribed uniforms. Thus, supervisors may prohibit employees from putting ribbons or flags on antennas of City vehicles, for exam le, or from dressing in an American flag tee-shirt where a uniform is required. Please 1 t me know when you deal with these issues. I am available for consul- tation b fore you deal with a situation, if circumstances permit. I would like to assist by keeping in touch with the City Attorney and addressing the unusual situations that are almost certain to occur. i Please share this information with those Supervisors in your work area who are not on 0 .