Bond Election Laws & Ethics JENNIFER CLARIDAY, HUCKABEE Sources: 1.Texas Ethics Commission, A Short Guide To the Prohibition Against Using School District Resources for Political Advertising in Connection with an Election, 9/01/03 2.Texas Ethics Commission, POLITICAL ADVERTISING. What You Need To Know, 5/17/04 3.McCall, Parkhurst & Horton LLP, memo 9/29/2004
Background Information This information only applies to the time period AFTER the Board of Trustees calls a bond election Election Date: May 8, 2010 (must call election by March 8, 2010) Until the election is called, full discussion and a certain amount of advocacy is allowable This only applies to officers and employees of the District and not to all members of the BPC
Introduction 1. WHAT ARE THE LAWS GOVERNING SCHOOL BOND ELECTIONS? 2. WHAT IS THE ROLE OF THE DISTRICT DURING A BOND ELECTION? WHAT CAN BE SAID? WHAT CAN NOT BE SAID? 3. BOND ETHICS Q&A 4. WHY IS THIS IMPORTANT TO THE BPC?
Section 255.003 of the Texas Election Code Provides as follows: a) An officer or employee of a political subdivision (School District) may not spend or authorize the spending of public funds for political advertising. b) This section does not apply to a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure. c) A person who violates this section commits an offense. An offense under this section is a Class A Misdemeanor.
Political Advertising Defined Political Advertising is a communication that advocates a particular outcome in an election and includes statements made in writing or orally: in a newspaper, magazine or other periodical; or, is broadcast by radio or television; or, appears in a pamphlet, circular, flier, billboard or other sign, bumper sticker or similar form of written communications; email, posters and newsletters; or, on an Internet website.
Advocacy Defined Most employees and officers violate the ethics laws by engaging in communication that is considered advocacy. Asking for support or rejection of a bond election is advocacy and using statements such as "Vote For X" and "Defeat Y" is also advocacy.
The Gray Area However, one of the difficulties in understanding what is or is not advocacy comes from the Texas Ethics Commission's prior decisions where they have indicated that communication can turn into advocacy based on tone and emphasis of the statements made.
For Example School X was originally designed for 500 students. Today, the enrollment at School X is 700 students. In two years, the enrollment at School X is projected to grow by another 100 students. School X was originally designed for 500 students. Today, the enrollment at School X is 700 students. In two years, the enrollment at School X is projected to grow by another 100 students. Get the picture?
Jarvis Johnson Case, 2007 Houston City Councilman running for re-election Used public funds to create and distribute a newsletter to constituents with his accomplishments as a City Councilman Ethics Commission said: Newsletter includes 22 pictures of public officer. The area covered by pictures is almost 50 percent of the newsletter. The name of the public officer appears 22 times in print type that is bolded or larger than main text. In our opinion, when viewed as a whole, it constitutes political advertising.
Sworn Complaint-231180 Decatur ISD, 2003 - Information booklet created by the district that included a copy of a press release and other information about the bond The press release quotes the school board president as saying This bond is the right thing to do for the children of the community. The circular advocates passage of the bond measure by stating that the best solution to the school district needs would be to do exactly what the school district has proposed to do with the proceeds of the bonds.
Sworn Complaint Process Any individual may file a sworn complaint with the Texas Ethics Commission alleging a violation of certain laws. A sworn complaint must be filed on a form prescribed by the Commission starts the process. Includes preliminary review and hearings The Commission is authorized to undertake civil enforcement actions, hold enforcement hearings, issue orders, impose civil penalties and refer matters for criminal prosecution.
Examples of Violations Our citizens now have the opportunity to support GCISD children. Please support the vision - our future depends on your commitment. Using words like: Best Solution Fantastic State-of-the-Art Countless benefits Horrible shape We must do something
Examples of Violations Or words like: Needs Benefit Important Protect Minimize Upgrade Or slogans like: Our schools are in bad shape. We need the space for growth. It s the right thing to do for our kids.
Reminder! Any employee of the District can violate the Election Code, not just those in a position of leadership.
So what does this mean? An employee or officer who uses any funds or resources of the District to engage in political advertising is in violation of the Texas Election Code. District resources include use of the telephone, computers, copiers, facilities, etc. The District may not purchase or authorize the purchase of new materials OR use EXISTING materials for use in creating or distributing political advertising Also, it is not permissible to use the paid time of District employees to create or distribute political advertising. For example, staff may not copy, staple or distribute political advertising on work time.
What are the roles of the District? The District is to provide factual information. It is permissible to use District resources to produce explanatory material about what is at stake in a measure election.
Examples That Are Allowed The district is holding a bond election on May 8, 2010 which proposes to construct additions and renovate several campuses. The proposed projects would have an impact on every school and facility. Areas addressed include safety/security, renovation/repair of existing facilities, student and/or program growth, learning environment/instruction, use of technology, operations and co-curricular and extracurricular programs.
Time for a Test! HOW MUCH DO YOU KNOW ABOUT BOND ELECTION LAW AND ETHICS? Note: PAC stands for Political Action Committee; these may have various forms and names
The Test Question 1 Answer 1 A teacher who is also a member of the Political Action Committee wants to know if she can talk about the Bond Election at work. What can she say if another employee or parent asks her about the election? Teachers have the right to express their views when asked. However, they have to use common sense when doing so and be careful not to let their views turn into any type of staged campaigning.
The Test Question 2 Answer 2 A member of the PAC wants to place a flyer in teacher mailboxes advocating the passage of the bond. The PAC would send a volunteer to place the flyers in the mailboxes so no employee time would be used. Should you allow this? No, you should not allow this to happen. Advocacy literature produced by proponents or opponents cannot be distributed or be available on property owned by the political subdivision, even if equal access is allowed to both sides.
The Test Question 3 Answer 3 There is a PTA meeting at one of our schools. The PTA President is a member of the PAC and would like to hand out flyers at the meeting urging other members to vote Yes for the bond. Should we allow this? No. District resources may not be used to create and distribute political advertising. In this case, the school building is a District resource, operated and maintained by tax dollars.
The Test Question 4 Answer 4 The PTA President would like to place a Vote Yes ad in the PTA newsletter that is distributed to parents. Is this permissible? Yes, so long as no District resources were used or District money spent to create or distribute the newsletter. THIS INCLUDES COPIERS.
The Test Question 5 Answer 5 A Vote No group has started a website against the bond. A District employee wants to log on and respond to the rumors with factual information using an anonymous name while on his work lunch break. Should you allow this? NO! You should talk to the employee and make sure he understands he is violating the law by using a school-owned computer to make posts advocating the bond election and could be held personally liable.
The Test Question 6 Answer 6 One of our teachers is a member of the PAC, and she wants to send out a mass email from her District email account urging support of the bond issue. If she is at home during her free time when she sends out the email, is it ok? No. The email account is funded by the District. It is permissible to use her own personal email account, ex. Yahoo!, AOL, Gmail, etc.
The Test Question 7 Answer 7 If I decide to violate the Election Code, should I really care about receiving a Class A Misdemeanor? It s such a small fine -- I think it s worth it if it gets our District $100 million! A Class A Misdemeanor is punishable by a civil fine of up to $5,000, or, for a sworn complaint deemed frivolous, up to $10,000. Continued
The Test Question 7 If I decide to violate the Election Code, should I really care about receiving a Class A Misdemeanor? It s such a small fine -- I think it s worth it if it gets our District $100 million! Answer 7 continued If the violation was intentional or knowing, criminal charges, including bribery, coercion of public servant or voter, abuse of official capacity or official oppression, could be brought.
The Test Question 7 If I decide to violate the Election Code, should I really care about receiving a Class A Misdemeanor? It s such a small fine -- I think it s worth it if it gets our District $100 million! Answer 7 continued Each of these violations is against the employee or officer committing the offense and not against the political subdivision.
Answer 7 Continued We also urge you to consider the PR ramifications of this action. A headline in the paper that reads School District Found in Violation of Election Law will surely hurt the election rather than help it!
The Good News ALTHOUGH YOU MAY NOT USE SCHOOL DISTRICT RESOURCES FOR POLITICAL ADVERTISING, EMPLOYEES AND OFFICERS ARE FREE TO CAMPAIGN FOR OR AGAINST A PROPOSITION ON THEIR OWN TIME AND WITH THEIR OWN RESOURCES.
Why is this important to the BPC? The District can only give the facts and allow voters to make their own informed decision We can t say: We need these improvements or This bond issue is important for the future of our District However, citizens can organize and form a Political Action Committee in support of the election and get the word out!
What is a PAC? A PAC is a group of people that accepts political contributions or makes political expenditures in support of a measure election A PAC forms only after the election is formally called by the Board of Trustees Legal requirements of a PAC include: electing a chairperson(s) and treasurer, filing paperwork with the Texas Ethics Commission, regular reporting of financial contributions/expenditures, and dissolving after the election During the election, a PAC serves as the "advocacy" group The PAC is allowed to do the things the district cannot do
Example of a PAC website
Example of a PAC website
Examples of Other PAC Materials
How to Form a PAC The District can NOT help a PAC form Political Action Committees should form by themselves. Usually these groups will form naturally through community involvement during the planning process. The Board should never take any action in regard to a group that will be participating in and paying for political advertising.
In Summary Until a bond election is called by the Board of Trustees, officers and employees of GCISD may discuss and utilize a certain amount of advocacy regarding a bond election. Once a bond election is called, officers and employees of GCISD may only disseminate factual information.
For More Information Texas Ethics Commission 800-325-8506 http://www.ethics.state.tx.us/ Texas Secretary of State 512-463-5600 (Administrative Offices) http://www.sos.state.tx.us/ Texas Secretary of State Elections Division 800-252-8683 http://www.sos.state.tx.us/elections/index.shtml Texas Election Code http://www.capitol.state.tx.us/statutes/eltoc.html
Thank You! QUESTIONS???