§2.18
Regulations Implementing University of California Policies
Applying to Campus Activities, Organizations, and Students
Responsible Manager
Rev. 06/08
Certain general policies of the University of California governing the use
of University properties are set forth in University of California Policies
Applying to Campus Activities, Organizations, and Students, issued by the President
of the University on July 21, 1978. These policies state in general terms the
rights and obligations of students, standards of conduct, requirements applying
to student organizations, and regulations governing the use of University properties
by students, faculty, administrative staff, and other University employees for
activities within the University.
The Lawrence Berkeley National Laboratory rules and regulations that follow
are consistent with the principles contained in University of California Systemwide
policies. These rules and regulations apply specifically to the Laboratory and
its employees, consultants, participating guests, and visitors.
- Nondiscrimination. The University is committed to a
policy against legally impermissible, arbitrary, or unreasonable discriminatory
practices. The Laboratory is governed by this policy of nondiscrimination.
The intent of University policy on nondiscrimination is to reflect fully the
spirit of the law. In carrying out this policy, the Laboratory will be
sensitive to the existence of past and continuing societal discrimination.
- Definition of "Member of Laboratory." For the purpose
of this policy, a "member of the Laboratory" is defined as a Laboratory employee,
either part or full time, or a person officially connected with the Laboratory.
This includes University faculty associated with the Laboratory, scientists who
are participating guests, and graduate students doing research at the
Laboratory, whether paid by the Laboratory or not.
- Right of Free Expression and Advocacy. Consistent with University of California Systemwide policies and
Laboratory regulations, members of the Laboratory have the right of free
expression and advocacy. The purpose of these Laboratory regulations is to
ensure orderly conduct, noninterference with Laboratory functions and
activities, identification of sponsoring groups or individuals, and reasonable
protection to persons against practices that would make them involuntary
audiences. As provided in these regulations, members of the Laboratory may hold
meetings (including organized discussions, cultural events, and entertainment)
outside normal working hours, distribute materials, and post notices.
- Limits of Applicability. Certain Laboratory-related
activities may occur in Laboratory facilities outside normal working hours.
These include activities of the Laboratory Employee Activities Association,
meetings of employee organizations, and occasional meetings of professional
groups. Separate and additional Laboratory regulations govern these
activities and organizations. The rules contained herein apply to these groups
only insofar as their members hold meetings or conduct other activities covered
by these rules.
- Laboratory-Registered Associations. Groups of Laboratory
members who wish to use Berkeley Lab facilities to meet outside regular
working hours on a continuing basis are required to register with the Human
Resources Department in accordance with RPM §2.18(C).
Laboratory-registered associations include independent sponsors referred to in RPM §2.18(B)–(C).
- State of Emergency. When extreme conditions exist as a
result of natural disasters, civil disorders, or other such seriously
disruptive events and when extraordinary measures are required to immediately
avert, alleviate, or repair damage to University property, to protect the
health or safety of persons on University property, or to maintain the orderly
operation of the Laboratory, the Director of the Laboratory may, after
consultation with the University President and, when possible, with Laboratory
members, declare a state of emergency and place into effect orders appropriate
to the emergency. Such measures are required by University of California
Policies Applying to Campus Activities, Organizations, and Students.
Consistent with the provisions of §82.00 of these University Policies
(Emergency Regulations and Procedures), violation of such orders will result in
action against the employees or visitors, as appropriate under the
circumstances. The declaration of such a state of emergency may require
temporary suspension of these rules and regulations.
The Laboratory has established
regulations governing the scheduling and conduct of meetings that are open
to all employees.
Meetings or other activities that are not official Laboratory or Laboratory-related
business (referred to below as "Independently Sponsored Open Meetings" or "Open
Meetings") are permitted, subject to the following rules on time, place, and
manner, and the provisions of RPM §2.18(C):
- Time of Independently Sponsored Open Meetings. The time of
open meetings is restricted to the noon hour (12 noon to 1 p.m.) and after
5 p.m., Mondays through Fridays, holidays excluded. In the scheduling of meetings,
Laboratory business will have priority in the use of properties.
- Location and Equipment. Open meetings may be held in the
Building 50 Auditorium or, for smaller groups, in selected conference rooms
and the cafeteria lower dining room at noontime. In the auditorium, the use
of normally available microphone and projection equipment will be provided
by the Laboratory, if requested at the time of application. Individual members
of groups using the properties (including the microphone and projection equipment)
will be responsible for all costs of such use over and above the Laboratory's
normal operating costs. If there is any loss or damage to that property or
equipment because of the group's use, members of the group may be held jointly
and severally liable.
- Attendance and Identification at Open Meetings. Because the
intent of these regulations is primarily to provide opportunity for free discussion
and exchange of views among members of the Laboratory and because the seating
capacity of Laboratory properties is limited, attendance at all independently
sponsored open meetings is restricted to members of the Laboratory and their
guests (see RPM §2.18(C)(3)(c)), official
visitors, and other persons with official business at the Laboratory, apart
from the invited speakers or participants identified in the request for reservation
of properties. The Laboratory reserves the right to require identification
of all persons attending such meetings. Sponsoring organizations or individuals
may not put further restrictions on eligibility for attendance at open meetings.
- Time Off to Attend Open Meetings. Employees who take time
off to attend an open meeting are subject to existing Laboratory policies
concerning time off for personal reasons. Prior approval must be secured by
an employee from his or her supervisor to ensure that the absence will not
interfere with the work of the employee's division or department.
- Publicity for Open Meetings. Announcements and other publicity
for independently sponsored open meetings will be restricted to distribution
within the Laboratory and in no way imply Laboratory or University sponsorship
or endorsement of the meeting or of the topic or position advocated. For regulations
governing posting or other distribution of announcements, see RPM
§2.18(B)(2)(b).
- Conduct of Open Meetings. The conduct of open meetings will
be orderly and responsible, with the proper courtesy shown to speaker and
members of the audience alike. To facilitate proper conduct of the meeting
and to prevent interference with the functioning of the Laboratory, the chairperson
of the meeting will be responsible for maintaining reasonable order and ensuring
strict adherence to the time and location limitations stated above. In accordance
with the traditions of the University community, audiences should be allowed
to ask questions of speakers, time and format permitting. Open meetings will
be conducted in accordance with University policies that its properties may
not be used for organizing or carrying out unlawful activity. Properties may
be used for commercial or fund-raising activities only with prior approval
of the Laboratory Director, as provided in RPM §2.18(C)(2)(d).
- Frequency of Open Meetings. Laboratory properties will not
be available for use by independently sponsored groups if these properties
are needed for official Laboratory business. For this reason, the number of
independently sponsored open meetings at noontime normally may not exceed
six in any calendar month.
- Posting of Materials. The posting of noncommercial
notices is permitted on bulletin boards specifically designated for this
purpose and labeled "Open Bulletin Boards." Any Laboratory member may use
these bulletin boards, but all posted material must bear the date of posting
and the name and Laboratory address of the sponsoring Laboratory organization
or responsible member of the Laboratory. These bulletin boards may be
cleared once a week by an authorized person; otherwise, removal of material
from an open bulletin board is prohibited. The following is a listing of
designated open bulletin boards. This listing may be modified as appropriate:
- Building 2 (across from the elevator on the first floor)
- Building 26 (Health Services basement hallway)
- Building 46 (mezzanine, outside Room 150, outside Room 171)
- Building 50 (second floor, fourth floor near library)
- Building 50A (near the elevator on the fifth floor, outside Room 2129)
- Building 50B (near the elevator on the first, second, and third floors;
opposite Room 2265)
- Building 54 (cafeteria lobby)
- Building 62 (first floor inside the entrance)
- Building 70A (first floor)
- Building 76 (near Room 212)
- Building 77 (lunchroom)
- Building 80 (kitchen)
- Building 90 (across from 1099, near Room 1136, near Room 3148)
- Building 936B (hallway)
- Building 938 (second-floor kitchen)
- Announcements of Independently Sponsored
Open Meetings. Factual
announcements of approved independently sponsored open meetings may be posted
in each department or division on an area of a bulletin board set aside
for such announcements. In addition, the posting of one copy of the factual
announcement in each of the elevators of Buildings 50A, 50B, and 90 is
permitted. Procedures concerning these announcements are described in RPM
§2.18(C)(3)(c). Additional announcements or advertising must satisfy
the conditions of RPM §2.18(B)(1)(e), can
only be posted on the open bulletin boards, and must be prepared at no cost
to the Laboratory.
The general distribution of leaflets or other materials inside the Laboratory
is prohibited. Distribution of handbills, statements, and other noncommercial
materials at specific times and locations is permitted as follows:
- Immediately before or after an independently sponsored open
meeting, the sponsors may have a table for the purpose of displaying
informational materials relevant to the meeting set up outside the entrance to
the meeting room. The table arrangement should not obstruct the flow of
traffic or otherwise interfere with the functioning of the Laboratory.
- All handbills, statements, or other materials must clearly indicate
the name and Laboratory address of the responsible member of the
Laboratory, Laboratory organization, or Laboratory division.
- In the distribution of materials, efforts must be made to avoid
litter. Distribution by accosting individuals, hawking, or shouting is
prohibited.
- Use of Laboratory duplicating equipment or other facilities for
preparation of nonofficial handbills or other materials for distribution is
prohibited.
The following procedures and regulations govern the authorized use of Laboratory
properties for open meetings. The purpose of the regulations is to ensure reasonable
and fair use of Laboratory properties for free expression and advocacy and,
at the same time, to prevent interference with the functioning of the Laboratory.
Except as provided in RPM §2.18(B)(1)(b), Laboratory
equipment, supplies, and services (duplicating machines, telephones, mail service,
vehicles, computers, stationery, and other equipment, supplies, and services)
may be used only for, or in connection with, official Laboratory business.
- The Laboratory properties designated in RPM §2.18(B)(1)(b) may
be reserved for open meetings at the times permitted in RPM §2.18(B)(1)(a)
on application by six or more members of the Laboratory, at least three of
whom are Laboratory employees (including faculty with joint appointments,
whether or not they are presently being paid by the Laboratory). The
applicants assume responsibility for violations of Laboratory regulations that
occur in connection with their use of the facilities and may not turn a
reservation over to others.
- Reservations must be made at the office of the Head of the Human
Resources Department, on forms provided for that purpose. The form must show
the names and signatures of at least six of the applicants and their status at
the Laboratory, the nature of the event, its date and time, the property
requested, the name of the chairperson, and the names and relevant
identification of all persons invited to speak or participate. Except for
unusual circumstances, reservations must be requested at least four, and not more
than twenty, working days before the event. No reservation is complete
until notice of approval is received from the Head of the Human Resources Department.
- Lawrence Berkeley National Laboratory, as part of the University of
California (a state instrumentality), must remain neutral on religious and
political matters and cannot sponsor or fund religious or political activities,
except when authorized by the Regents or the President of the University or
their designees. Registered religious or political organizations of Laboratory
members may have access to Laboratory properties on the same basis as other
registered organizations, subject to the provisions of these regulations.
- A request to use Laboratory properties for commercial or
fund-raising purposes must identify the purpose. The activity may not
violate the intent of the University policies, must meet all provisions stated
therein, and is subject to prior approval by the Laboratory Director.
- A request for a reservation will normally be approved within a
reasonable time (no more than two working days) after receipt of a properly
executed application, subject only to the availability of the properties and
the limitations on frequency of open meetings of RPM §2.18(B)(1)(g).
- If a request for a reservation is denied for any reason other
than lack of availability of facilities or frequency limitation, the denial
will be in the form of a written communication to the applicants stating the
reason or reasons for the denial.
- The Head of the Human Resources Department will be responsible
for administering these regulations in all aspects and for reporting violations
to the rules and his or her recommendations concerning them to the Laboratory
Director.
- The open bulletin boards described in RPM
§2.18(B)(2)(a) will be cleared routinely once a week (on Friday afternoon).
- Removal of notices or other material from open bulletin boards by
anyone other than the designated official or the original poster is prohibited.
- Announcements for independently sponsored open meetings will be
submitted to the Head of the Human Resources Department. The text of the announcement
to be distributed must bear the names of the sponsoring individuals and the
name of the chairperson and must confine itself to a factual description of
the meeting. The announcement will bear the words "Independently Sponsored
Open Meeting, permitted under the Laboratory Time, Place and Manner Rules.
Attendance limited to members of the Laboratory and authorized visitors."
(In the context of these regulations, authorized visitors are individually
invited immediate family, relatives, or guests of a member of the Lawrence
Berkeley National Laboratory. The member assumes responsibility for their
presence and conduct while on the Laboratory site. Visitors will be permitted
only if adequate space is available.) The sponsors will be responsible for
the distribution of these announcements and their posting on the designated
areas of department or on division bulletin boards, and the sponsors are responsible
for the posting and removal of announcements in the elevators. See RPM
§2.18(B)(2)(b).
Applicants who are denied a reservation for the use of Laboratory properties
and contend that the denial is based on an incorrect application of these
regulations may submit a written request for reconsideration to the Head of
the Human Resources Department. The Head of the Human Resources Department
will rule on the request in light of the right of free expression and advocacy
of every member of the Laboratory as much as in the best interests of the Laboratory
community as a whole. If the complaint is not resolved by the Head of
the Human Resources Department
to the satisfaction of all parties, an appeal may be made to the Laboratory
Director.
Voluntary activities of groups of Laboratory employees with common interests
outside regular working hours may be registered as Laboratory associations.
Registration of such associations is required to facilitate regular and/or occasional
arrangements for the use of Laboratory properties for meetings of such Laboratory
associations. Meetings of the associations are governed by RPM
§2.18(B)–(C).
Employee associations may not engage in activities that could be viewed as
interfering with the rights of unions or that fall within the scope of
exclusive representation. Associations may not act as advocates or represent
employees in negotiations, grievances, complaints, or other disputes or issues
with management involving terms and conditions of employment.
Policies relating to employee organizations (unions) are found in RPM
§2.19 (Rules and Regulations on Relations with Employee Organizations)
and within the appropriate collective bargaining agreements.
Registration forms and information may be obtained from the Human Resources
Department. Groups of Laboratory members who wish to use Laboratory properties
for these types of voluntary activities must be registered and approved by the
Head of the Human Resources Department. A registration card must be completed,
which becomes a public record and contains:
- The name of the association
- A statement of the association's purpose and a copy of the constitution
and bylaws or any other document that the named association acknowledges as
describing the character of the association
- The names of three Laboratory members (at least one of whom is a
Laboratory employee) who are currently officers or authorized representatives
of the association
- An attestation, to be signed by the three Laboratory members named
in Paragraph (D)(2)(c), above, of acceptance of responsibility for the association's
compliance with Laboratory and University regulations and procedures
Laboratory-registered associations may not use the name of the University
of California or the Lawrence Berkeley National Laboratory or abbreviations
of either name as part of their own names without written authorization of
the Associate Laboratory Director for
Operations or designee. In addition,
such associations may not indicate or imply that they are acting on behalf
of the University of California or the Laboratory.
The activity and meetings of Laboratory-registered associations must be in
accordance with and comply with Laboratory and University regulations and procedures.
These activities and meetings must not interfere with the Laboratory's fulfillment
of its responsibilities to DOE, the University, or other agencies.
Laboratory-registered employee associations may be eligible for limited support
through the Employee Activities Association. See RPM §1.15
(Employee Activities Association). Guidelines to request support
as well as association bylaws are available through the Association Coordinator
in the Human Resources Department.