SOLICITATIONS AND DISTRIBUTION OF LITERATURE POLICY (A1512) 2023-06-28.PDF
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MARICOPA COUNTY INTERNAL POLICY Policy Title: SOLICITATION AND DISTRIBUTION OF LITERATURE Policy Number: A1512 Current Adoption Date: 06-28-2023 Current Implementation Date: 06-28-2023 Approved by: BOARD OF SUPERVISORS Board Agenda Number: C-31-19-007-6-01 Original Adoption Date: 07-25-2007 I. PURPOSE To outline requirements and prohibitions regarding solicitation, posting of notices, and the distribution of literature to prevent conflicts of interest and interference with work. II. AUTHORITY This Policy is authorized by the Board of Supervisors pursuant to A.R.S. § 11-251. III. APPLICATION This Policy applies to all Maricopa County appointed departments, the Flood Control District of Maricopa County, and the Maricopa County Library District (Special Districts). The Board of Supervisors is authorized to jointly adopt policies applying to the Special Districts under the Intergovernmental Agreement, C-06-18-393-6-00, approved on April 11, 2018. An elected office may follow this Policy for its employees when it does not have a similar policy. IV. DEFINITIONS A. Appointing Authority: An elected official, the single administrative or executive head of a department, or the designated representative authorized to act in this capacity. B. Employee: A person paid a wage, salary, or stipend in accordance with official County payroll entries. For purposes of this Policy, employee includes all classified, unclassified, temporary, and contract employees as well as volunteers. C. Literature: Materials such as signs, posters, pamphlets, and letters including, but not limited to, electronic or printed material and other promotional things. D. Solicit: To request time or resources for the benefit of an individual or group. Soliciting may involve employees, non-employees, or groups engaging in direct sales, recruitment, placing literature, and other activities to benefit an individual or group. These benefits may include tangible (e.g., buying, selling, or exchanging goods or services) and intangible benefits (e.g., joining organizations, agreeing with opinions or beliefs, or changing behavior). E. Work Areas: Areas where employees perform their work tasks; excludes lobbies, employee break rooms, and restrooms unless an employee is specifically assigned to perform work at that location. F. Work Time: Time when an employee is scheduled and expected to be engaged in performing work tasks. Work Time does not include periods when the employee is relieved of all duties for meal periods or supervisor-approved break times. V. POLICY A. Allowable Solicitations: Dissemination of literature and oral information regarding the following organizations, programs, or activities is permissible and subject to the oversight of Appointing Authorities: Policy Title: SOLICITATION AND DISTRIBUTION OF LITERATURE Policy Number: A1512 Current Adoption Date: 06-28-2023 Page 2 of 3 1. Required Literature: All programs and postings required by local, state, or federal law. 2. Programs that are developed and approved by the Maricopa County Board of Supervisors or its designee, Special Districts, or a Maricopa County elected official or designee (e.g., the Combined Charitable Campaign, Summer Reading Program, Volunteer 13K, employee benefit and wellness programs, and the 457(b) Savings Plan). 3. Employee Discounts: Offered from organizations with a contract or written agreement with the County or State of Arizona to provide goods, services, or discounts. 4. County Blood Drive Information 5. Training Programs: Approved by an Appointing Authority. 6. Non-Work Time: Employees not on work time may solicit and distribute literature in public places such as sidewalks, open or public parking lots, or other facilities traditionally available for public use. 7. Constitutionally Protected Speech: Within a reasonable time, place, and manner parameters. 8. Non-Work Areas: Employees may place literature in County break rooms that are located in non-work areas subject to the following restrictions: a) Appointing Authorities must grant permission before placing literature in break rooms and shall approve the placement unless the content is contrary to law, County Merit Rules, or County policy. Before denying permission, the Appointing Authority shall promptly notify the County Attorney’s Office Civil Services Division of any concerns. b) Employees must place their name, the start date, and the length of time the literature will be in the break room on the literature. c) Employees may display literature for a maximum of two (2) weeks unless their Appointing Authority grants an extension. This is to avoid break room clutter, to ensure the literature is current, and to allow for a variety of literature. Employees are responsible for removing literature on or before the deadline. Failure to remove literature timely may result in the employee losing privileges under this Policy. d) The literature cannot obstruct official County literature, or any literature already posted. e) By permitting employees to place literature in break rooms, the County has not confirmed the accuracy of the information and does not endorse or accept responsibility or liability for the views, opinions, or information stated in the literature. Employees assume complete and sole responsibility for any action taken based on information read or found in the literature. B. Prohibited Solicitations: Unless stated above: 1. Employees are prohibited from soliciting: a) During their work time or the work time of the employees to whom such activity is directed. b) In work areas, hallways, lobbies, secured employee parking lots, or via any County owned or controlled technology resources. 2. Non-employees are prohibited from soliciting in the following areas: Policy Title: SOLICITATION AND DISTRIBUTION OF LITERATURE Policy Number: A1512 Current Adoption Date: 06-28-2023 Page 3 of 3 a) Not open to the public including, but not limited to, employee break rooms, employee restrooms, secured employee parking lots, employee work areas, the County paycheck distribution system, the County’s internal mailing system, and County owned or controlled technology resources. b) Open to public for a limited or designated purpose including, but not limited to, lobbies and hallways. If a non-employee is engaged in prohibited unauthorized solicitation, management personnel must advise the non-employee to either terminate the activity or leave the County premises where such activity is prohibited. If the non-employee continues the prohibited conduct, security should be notified. Revision History Version Revision Date Description of Revision 1 07/25/2007 Initial version (C-31-08-001-6-00) 2 09/26/2012 Clarified what constitutes an authorized solicitation, removed access to County resources, and outlined approved solicitation in break rooms (C-49-13-020-6-00) 3 12/12/2012 Added Library District Community boards and programs (C-49-13-042-6-00) 4 10/10/2018 Updated and simplified language (C-31-19-007-6-00) 5 06/28/2023 Updated program examples and simplified language (C-31-19-007-6-01)