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city photo or photos makes detection of use of the city photo almost a <br /> certainty. <br /> C. Financial <br /> If the Council decides to restrict Councilmembers from using city photos <br /> for campaign purposes, there is no financial issue because there is no <br /> taxpayer cost to reimburse. <br /> If the Council decides to allow Councilmembers to use city photos for <br /> political campaign purposes, then plainly a copying fee for city photos <br /> can lawfully be set so that taxpayers are not subsidizing this activity. <br /> Either way -- restricting or allowing Councilmembers to use city photos <br /> for political campaign purposes -- there should be no financial issue. <br /> D. Ethical <br /> The Ethics Code for Roseville City Councilmembers is contained in <br /> Resolution 8593. In pertinent part, the Ethics Code lists the following as <br /> an unethical act: <br /> Section 3.k Public Funds, Etc. No public official shall <br /> use public funds, personnel, facilities, or equipment for <br /> private gain or political campaign activities. <br /> Arguably under this section of the Ethics Resolution, Councilmembers <br /> must not use city photos for political campaign purposes. "Public <br /> official" includes Roseville City Councilmembers. (Section 2.) "Public <br /> personnel" and "equipment" are plainly used in taking city photos. <br /> (Section 31) The public personnel consist of the city employees who take <br /> the pictures. The public equipment consists of the city camera. And <br /> using the city photos for political campaign purposes may constitute, <br /> under the language of the Ethics Code, "political campaign activities." <br /> (Section 31) <br /> Alternatively, one could argue that this section of the Ethics Code only <br /> prohibits Councilmembers from directly and exclusively using public <br /> funds, personnel, facilities or equipment for political campaign activities. <br /> In other words, maybe Councilmembers are free to use city photos for <br /> political purposes if (a) Councilmembers themselves don't take the photo <br /> using city equipment, and/or if (b) the city photo is used primarily to <br /> document city activities and use of the photo by a Councilmember for <br /> personal political purposes is only secondary. <br /> 3 <br />