SOLICITATIONS AND DISTRIBUTION OF LITERATURE POLICY (A1512) - REDLINED 10-10-2018.PDF

MARICOPA COUNTY INTERNAL POLICY
Policy Title:
Policy Number: A1512
PROHIBITION AGAINST
UNAUTHORIZED SOLICITATION AND Current Adoption Date: xx10-xx10-2018
UNAUTHORIZED POSTING OR
DISTRIBUTION OF
LITERATURESOLICITATION AND Current Implementation Date: xx10-xx10-2018
DISTRIBUTION OF LITERATURE
Approved by: Board Agenda Number: C-31-19-007-6-00
BOARD OF SUPERVISORS
Original Adoption Date: 07-25-2007
I. PURPOSE
To outline requirements and prohibitions regardingprovide a system in which to monitor and control solicitation,
posting of notices, and the distribution and circulation of Literature directed toward County Employees in order
to preventreduce conflicts of interest, and prevent interference with work and inconvenience to Employees.
This policy supersedes all other earlier County policies that are inconsistent with the terms of this document.
II. AUTHORITY
This policy is authorized by the Board of Supervisors pursuant to A.R.S. § 11-251.
III. APPLICATION
This Ppolicy applies to all Eemployees of Maricopa County Maricopa County elected offices, appointed
departments andas well the Flood Control District of Maricopa County, the Maricopa County Library District,
and the Maricopa County Stadium District (Special Districts) Special Districts. This policy shall apply to
employees of County elected offices unless the County elected official has implemented a similar policy specific
to his or her respective office.Appointing Authorities are responsible for enforcement of this policy and may
discipline Employees who violate this policy up to and including termination of employment.
If a non-employee is engaged in unauthorized solicitation, posting, or distribution of Literature, as prohibited
by this Policy and/or law, it is the responsibility of management personnel to 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.
IV. DEFINITIONS
A. Appointing Authority: An elected official, the single administrative or executive head of a
Department/Special District, or the designated representative authorized to act in this capacity.
B. Board or Elected Official Sponsored Program: A program that is lawfully developed and approved by
the Maricopa County Board of Supervisors or its designee, or a Maricopa County elected official or
designee.
C.B. Employee: A person who is paid a wage, salary, or stipend from public monies in accordance
with official County payroll entries on County payroll. For purposes of Tthis Policy, employee includes all
classified, unclassified, temporary, and and contract employees as well as. For purposes of this policy,
employee also includes any individual providing the County services on a volunteers basis. Employee
does not include persons employed by the Superior Court of Arizona in Maricopa County.

Policy Title:
Policy Number: A1512
SOLICITATION AND DISTRIBUTION OF
LITERATURE xx10-xx10-
Current Adoption Date:
2018
D.C. Literature: Materials such as signs, posters, pamphlets, and letters Iincluding, but not limited
to,es written, electronic or printed material, and other promotionaltangible things.
E.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
Literaturesigns or posters, and other activities to benefit anthe individual or group. These benefits may
include tangible (e.g., buying, selling, or exchanging goods or services) and/or intangible benefits (e.g.,.
Intangible benefits include, but are not limited to, joining organizations, agreeing with opinions or beliefs,
or changing behavior). Tangible benefits include, but are not limited to, buying, selling, or exchanging
goods or services.
F.E. Work Areas: The aAreas where Employees perform their work tasks; . Work Areasexcludes do
not include lobbies, employee lounges, break rooms, and restrooms, unless an employee is specifically
assigned to perform work at that location.
G.F. Work Time: Time when an employee is scheduled and expected to be engaged in performing his
or her work tasks. Work Time does not include periods when the employee is relieved of all duties for
meal periodstime 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:
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, or a Maricopa County elected official or designee (e.g., the Combined Charitable Campaign,
E.A.S.E program, Library District community boards and community programs, 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 relating to an Employee’s job duties or to
maintain an Employee’s work required professional license.
6. Non-Work Time: Employees who are not on Work Time, may Solicit and distribute Literature in public
places such as sidewalks, open or public parking lots, or other facilities that are traditionally available
for public use.
7. Constitutionally Protected Speech: Permitted within reasonable parameters of time, place, and
manner.
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
grant approval to place Literature unless the content is contrary to law, County Merit Rules, or
County policy. The Appointing Authority shall promptly notify the County Attorney’s Office Civil
Services Division of any concerns before denying permission.
b) Employees must place their name, the start date, and length of time the Literature will be placed
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Policy Title:
Policy Number: A1512
SOLICITATION AND DISTRIBUTION OF
LITERATURE xx10-xx10-
Current Adoption Date:
2018
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 timely
remove Literature may result in the Employee losing privileges under this policy.
i.
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 full and sole responsibility for
any action taken based on information read or found in the Literature.
B. Solicitations on Work Time: Except when doing so directly for the County, Employees will not post,
Solicit, distribute or circulate Literature, sell merchandise, or promote support for any cause or
organization, during his or her Work Time, or during the Work Time of the Employee(s) to whom such
activity is directed.
C. Solicitations in Work Areas or Other Areas: Except when doing so directly for the County, Employees
will not post, Solicit, distribute, or circulate any Literature in Work Areas, hallways, lobbies, secured
employee parking lots, the County’s internal mail system, the County’s intranet, the County Internet web
page, or County phone system at any time.
D. Non-employee Solicitations: Subject to Section VI, non-employees will not post, Solicit, distribute or
circulate Literature for any purpose in areas not open to the public nor in areas open to the public for a
limited or designated purpose. Areas not open to the public include, but are not limited to, employee
lounges, break rooms, employee restrooms, secured employee parking lots, employee Work Areas, the
County paycheck distribution system, the County intranet, the County internet website, and the County’s
internal mail system. Areas open to the public for a limited or designated purpose include, but are not
limited to, lobbies and hallways.
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:
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 unauthorized solicitation, posting, or distribution of Literature, as
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Policy Title:
Policy Number: A1512
SOLICITATION AND DISTRIBUTION OF
LITERATURE xx10-xx10-
Current Adoption Date:
2018
prohibited by this Policy and/or law, it is the responsibility of management personnel to 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 Simplified language without making any substantial policy change (C-31-19-007-6-
00)
E. Solicitations in Work Areas or Other Areas: Except when doing so directly for the County, Employees
will not post, Solicit, distribute, or circulate any Literature in Work Areas, hallways, lobbies, secured
employee parking lots, the County’s internal mail system, the County’s intranet, the County Internet web
page, or County phone system at any time.
F. Non-employee Solicitations: Subject to Section VI, non-employees will not post, Solicit, distribute or
circulate Literature for any purpose in areas not open to the public nor in areas open to the public for a
limited or designated purpose. Areas not open to the public include, but are not limited to, employee
lounges, break rooms, employee restrooms, secured employee parking lots, employee Work Areas, the
County paycheck distribution system, the County intranet, the County internet website, and the County’s
internal mail system. Areas open to the public for a limited or designated purpose include, but are not
limited to, lobbies and hallways.
G. 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:
1. All programs and postings required by local, state, or federal law.
2. Board or Elected Official Sponsored Programs. Such programs include, but are not limited to, the
Maricopa County Employees Combined Charitable Campaign, E.A.S.E program, Library District
community boards and community programs, employee benefit and wellness programs, the Maricopa
County prescription drug discount program, and the Maricopa County deferred compensation
program.
3. Discount offers for Employees from organizations that have a contract or written agreement with the
County to provide the County or its Employees with goods or services. Such organizations include,
but are not limited to, the Employee Services Management Association (ESMA).
4. Organizations that conduct or assist with the County Blood Drive, which is held to support the health
and wellbeing of Maricopa County residents. Such organizations include, but are not limited to, The
American Red Cross and United Blood Services.
5. Training programs approved or created by an Appointing Authority relating to an Employee’s job duties
or to maintain an Employee’s work required professional license.
6. Non-employees and Employees who are not on Work Time, may Solicit and distribute Literature in
public places such as sidewalks, open or public parking lots, or other facilities that are traditionally
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Policy Title:
Policy Number: A1512
SOLICITATION AND DISTRIBUTION OF
LITERATURE xx10-xx10-
Current Adoption Date:
2018
available for public use. All constitutionally protected speech will be permitted by the County, within
reasonable time, place, and manner parameters.
The County will permit all constitutionally protected speech within reasonable parameters of time, place, and
manner.
7. Employees may place Literature in County break rooms that are located in non-Work Areas, or post
Literature on bulletin boards in County break rooms located in non-Work Areas, subject to the
following restrictions:
a) Employees must receive permission from their Appointing Authority before placing or posting
Literature in break rooms.
i. Literature content must comply with the professionalism and nondiscrimination standards
found in the County Workplace Professionalism Policy, HR2406, and in County Merit Rules.
ii. Employees posting or distributing Literature must also comply with the County Ethics Policy
which states that Employees must maintain high standards of personal integrity and must
treat co-workers with courtesy and respect.
iii. Appointing Authorities shall grant approval to place or post unless contrary to law, County
Merit Rules, or County policy. If an Appointing Authority deems any Literature inappropriate
for placement or posting in a break room, the Appointing Authority must promptly notify the
County Attorney’s Office, Civil Services Division.
Appointing Authorities shall grant approval to place or post Literature unless the content is contrary to law, County
Merit Rules, or County policy. The Appointing Authority shall promptly notify the County Attorney’s Office Civil
Services Division of any concerns before denying permission.
b) Employees must place their name, the start date and length of time the Literature will be placed
or posted in the break room, on the Literature.
c) All Literature may be displayed or posted for a maximum of two weeks unless an extension is
sought and granted by the Employee’s Appointing Authority.
Employees may display or post Literature for a maximum of two weeks unless their Appointing Authority grants
an extension.
i. Employee placements or postings should not remain in the break room for
longer than four weeks in a twelve-month period. This is to avoid break room
clutter, to ensure that placements and postings are current, and to allow for a
variety of placements and postings for Employees to review during break time.
ii. Employees are responsible for removing Literature on or before the deadline.
iii. Failure to timely remove Literature may result in the Employee losing privileges under this
policy.
d) If posted, the Literature cannot obstruct any Literature already posted or official County postings.
The Literature cannot obstruct official County postings or any Literature already posted.
By permitting Employees to place or post Literature in break rooms, the County does not accept
responsibility or liability for the information provided in the Literature. The County has not
confirmed the accuracy of the information, nor does the County endorse the views or opinions
stated in the Literature. Employees assume full and sole responsibility for any action taken based
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Policy Title:
Policy Number: A1512
SOLICITATION AND DISTRIBUTION OF
LITERATURE xx10-xx10-
Current Adoption Date:
2018
on information read or found in the Literature.
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