I have an elected official that is updating their personnel policy. She wants to bar the employees from speaking Spanish to each other during work hours. Of course the Spanish speaking employees may speak to customers who do not speak English. Anybody see any problems with a policy like this? The official has told me that a fairly large county in the other part of the state has a similar policy. However, from a gut level, I am not too comfortable with a policy like this. Especially in a County that is over 85% Hispanic.

While I can't give you chapter and verse of why this is wrong - at least at the moment - if doesn't pass the smell test. I would probably ask my official for a copy of the policy from the other county, then ask their CA or civil advisor how they defend it.

Never mind. My official has decided to back off the policy. Thanks for the response.

Undoubtedly because the official heard that LISA was on the brief! Way to Go Lisa!

Thanks for the kudo, Mike, but if it was my influence, I wouldn't fight the same battle at least monthly! I have an official who keeps coming up with "creative" employee policies - and when I question them, she says "but so and so does it!" The "tell me who and I'll talk to them" approach does wonders.....

That's why you're the big-money, award-winning face of our association. I, too, find that express skepticism of the "every other county our size in the state is doing it" rigamarole often puts the brakes on potential mischief. I tend to be a bit more blunt, noting that my experience has been that most counties' true policies get lost in the retelling of these urban legends, and that the tales I'm told usually turn out to be fertilizer of one grade or another. An additional pointer on this, if it becomes habitual, is to avoid offering verbal opinions on questionable policy suggestions. What you may have said frequently mutates into something else, bolstered by a claim that "the county attorney told me to" enact the offending precept. Having a written opinion (a-la Gov't Code sec. 41.007) helps keep everyone on the same page. Literally. It's unfortunate that such a cynical approach is called for. But it is.

I will second Scott.

Have them ask the question in writing and then respond in writing.

You might be surprised to find that the number of requests for official rulings will actually decrease. Once the onus is placed on the person asking they tend to more often drop it.

"big money" - gee Scott - - I haven't noticed that part! But - thanks. Everyone knows that you are the expert in civil matters - all of us call you!

I agree that the ideal is to have the question in writing. In small communities, however, it is often more expedient to make notes on the conversation then submit the answer in writing, starting with "it is my understanding of our conversation that..."

As to the diplomacy - it dates back to something my mother said about catching flies, honey and water....although why one would want to catch them instead of just swatting them is beyond me!

Lisa