§ 5-4-11. Unlawful use of public funds for political advertising.

A.

It is unlawful for any elected official of the city, or for an employee of the city, to use funds from the public treasury for the purchasing of space in any newspaper or other publication, or time from any radio or television station, or to pay the costs of any other type of public advertising for the purpose of influencing public opinion in connection with any issue which shall be submitted to the people for a vote, unless such expenditure shall have been approved in advance by the governing body of the city.

B.

This section shall apply to advertising on behalf of or in opposition to any candidates or referendum questions, or any other questions which shall be placed on the ballot.

C.

This section shall not apply to the use of public funds for the preparation of and direct mailing of material or information requested by any member of the public or by organizations in connection with a public issue upon which the public shall vote, but shall prohibit the use of public funds for mass mailings to members of the general public, or to organizations, which are not made in response to a specific request for information.

D.

Any public official expending public funds for purposes prohibited by this section shall be required to repay to the city treasurer the amount of public funds expended for purposes prohibited by this section, upon a determination by the governing body of the city that the expenditure of funds was for prohibited purposes.

(Code 1967, § 2-11; Code 1985, § 2-279)