Opinion of County Counsel at Request of County Civil Service Commissioners

Hon. County Civil Service Commission.

Hall of Records, Los Angeles, Calif.

Gentlemen: Under date of the 16th inst. you requested us to advise you whether or not a campaign by the chief deputy treasurer of this county for the office of county supervisor would be a violation of the charter provision respecting political activity. It is our opinion that it would.

*142 The charter provision involved in the question is Section 43, of Article IX, dealing with civil service, reading as follows:

“No person holding a position in the classified service shall take any part in political management or affairs or in political campaigns further than to cast his vote and to express privately his opinion.”

We will consider three contentions which have been made with respect to the effect of this section. First, that it was not meant to and does not apply to campaigns conducted for oneself. Second, that in order to construe it harmoniously with Section 58 of the political code it must not be held to restrict campaigns for oneself. Third, that it is unconstitutional as limiting free speech. A further contention as to its constitutionality need not be considered here because it does not affect…