Ballot question seminar
What is OCPF? Independent, non-partisan agency Director serves six-year terms Administers the campaign finance law (audit and legal) Disclosure of campaign finance activity
Important Ground Rules Public employees Public buildings Public resources MGL c. 55, Sec. 13-17
Public Employees May not solicit or receive campaign contributions, directly or indirectly Restrictions May not solicit (verbal or written), collect money or sell tickets to a fundraiser May not host a fundraiser May not help identify people to be targeted for fundraising May not serve as treasurers of any political committee Elected officials are exempt
Government Buildings Not Permitted Solicit or receive contributions in a public building Use a government building as a return address or contact number for buying tickets to a fundraiser Display posters or fliers advertising a fundraiser Solicitations to public e-mail addresses Sending e-mail into govt. buildings requesting donations
The Anderson Decision 1978 City of Boston appropriated $975,000 to support a statewide ballot question Court decided that public resources cannot be used for campaign purposes A matter of fairness in the electoral process Ch. 55, S. 22A: [n]othing contained herein shall be construed as authorizing the expenditures of public monies for political purposes.
Town Meeting v. Election Financing Anderson applies to elections, not town meeting actions Use of public resources to influence town meeting are not prohibited
Distribution What kind of distribution is improper under Anderson? Unsolicited Publicly funded Deals with election issue
Most common applications Mass mailings to voters at public expense Distribution via student backpacks Parent phone system used by schools School newsletter
Real Example 1 Public school teachers are asked to distribute a notice to students regarding the formation of a ballot question committee, which provides a point of contact for the committee. That involves the use of public resources (on-the-clock teacher time) for a political purpose.
Real Example 2 A superintendent used his public e-mail account to send a message to parents of children attending the public schools regarding an override election.
Real Example 3 Town school department used public funds to produce and distribute two newsletters discussing a proposed high school building project.
Real Example 4 Public employees, during the work day, placed address labels on campaign envelopes for a political committee.
Real Example 5 Town youth services van was used to transport students to polling places, where they held signs supporting a candidate.
What about objective or informational material? Even objective material that does not explicitly advocate is impermissible Voter information may be sent out if a city or town adopts the provisions of MGL Chapter 53, Section 18B. Please contact the Secretary of State s Elections Division for further information (617-727-2828).
Permissible distributions Information that is requested by a member of the public Notification of an upcoming election (restricted to date, time, place and brief neutral title ) Tip: Also call Ethics Commission Speech vs. actions: Discussion of ballot question is not limited (for example, if a parent asks a teacher about the ballot question, the teacher can talk about it, even on school time).
Permissible actions of appointed officials Take a position on a ballot question Prepare material concerning a ballot question in the course of their duties Hold public meetings and forums concerning a ballot question Distribute material at those meetings as well as the public upon request Speak to the press concerning a question Work for or contribute to a ballot question committee (no fundraising)
Prohibited actions by appointed officials Unauthorized distribution of material Improper support of a ballot question committee (e.g., materials, staff) Fundraising for a ballot question committee. Non-elected public employees are prohibited from soliciting money. School committee members are permitted to fundraise.
Public meetings and hearings Speech of officials and attendees is unrestricted. Distribution of material at these meetings is not restricted by Anderson. Material may discuss, and advocate for or against, a ballot question. Such material may not, however, be distributed proactively outside of the meeting.
Equal access SJC: Political use of city facilities, equipment and supplies was improper, unless each side were given equal representation and access. Two most common occurrences: Use of facility for committee meetings Leafleting by BQ committee
Municipal websites Posting of material is more passive than the distribution prohibited by Anderson. Ballot question information may be posted. Such material may also include advocacy. Website should not take on the appearance of a campaign site (e.g., flashing banner requesting a Yes or No vote)
E-mail Officials may use a publicly-funded e- mail system to respond to questions concerning a ballot question and to send out information to individuals who request it. Blast e-mails or use of a public list-serve to send an e-mail concerning a ballot question should be avoided.
Other electronic means Automated calls ( Connect-ed ): Such a calling system should not be used to distribute information or advocate concerning a ballot question. Use of automated calls to notify parents of an upcoming election is not improper. Please call the Ethics Commission.
Newsletters Should not contain any material concerning a ballot question. Includes PTO minutes and letter from principal or superintendent. Public resources are used if newsletter is prepared by a PTO, then brought to schools for distribution.
Ballot Question Committees Ballot Question Committees organize with the town clerk by filing a M101 form No contribution limit.
Disclosure BQ and Independent The laws regarding ballot question committees are primarily disclosure laws and do not place limitations on contributions Ballot question committees file regular campaign finance reports, disclosing receipts and expenditures (pre-election, 30-day after for spring elections, year-end) Individuals ($250), groups and corporations file M22 forms with the municipal clerk.
Resolution of Anderson cases Most common resolution is a PRL Improper expenditures reported on Form 22A Restitution: The director of campaign and political finance, or in the case of a city or town, the clerk of such city or town, shall examine the accounts submitted by cities and towns for political expenditures, and may order restitution of public funds which have been adjudicated to have been spent contrary to law by public officials. (Section 22A)
Legal Support Contact the Office of Campaign & Political Finance: Telephone: 617.979.8300 Fax: 617.727.6549 E-Mail: Legal, general help: ocpf@cpf.state.ma.us Website: www.ocpf.us Mail: One Ashburton Place, Rm. 411 Boston, MA 02108
Massachusetts School Building Authority Deborah B. Goldberg Chairman, State Treasurer John K. McCarthy Executive Director Project Advisory 29 Change Order Manual www.massschoolbuildings.org
Agenda General Considerations Four Categories of Change Categorically Ineligible Costs Funding Limits Reconsideration www.massschoolbuildings.org 30
General Considerations Scope, Budget and Schedule Established in PFA Schedule Related (delay, time extension, acceleration) Duplicate Costs Rework www.massschoolbuildings.org 31
Four Categories of Change Design Issue Owner Change Differing Conditions Third Party Change www.massschoolbuildings.org 32
Categorically Ineligible Items Swimming pools Skating rinks Field houses Hot dog stands Synthetic turf Underground storage tanks Transportation of students (Not core educational purpose) www.massschoolbuildings.org 33
Categorically Ineligible Costs Textbooks Custodial Supplies Baseballs Team uniforms (Not part of permanent building and grounds / exception furniture, fixtures, equipment) www.massschoolbuildings.org 34
Categorically Ineligible Costs Site acquisition Financing costs Sales tax Building permits Lawyers Celebratory costs (Beyond project scope) www.massschoolbuildings.org 35
Funding Limits Site work (8%) Design fees (10%) OPM fees (3.5%) www.massschoolbuildings.org 36
Project Advisory 22 All districts seeking the MSBA s Board approval for a Project Scope and Budget Agreement for an Approved Project at the January 29, 2014 Board meeting www.massschoolbuildings.org 37
Project Advisory 22 Maximum change order eligibility level Up to 1% of the construction budget for new construction Up to 2% of the construction budget for addition/renovation projects www.massschoolbuildings.org 38
Reconsideration 45 days from receipt of MSBA quarterly review Written request from District Waives further consideration if not raised within 45 days www.massschoolbuildings.org 39
Late Submittal All Change Orders not submitted to the MSBA within four months after they are executed by the District will be deemed ineligible for reimbursement www.massschoolbuildings.org 40
Link on Web Building With Us Module 7 Construction As the project progresses in the Construction Administration Phase, the District is required through its consultants to submit its executed Change Orders in the format approved by the MSBA, as set forth in the January 2015 Manual for the Eligibility Review of Change Orders. www.massschoolbuildings.org 41
Module 3-Feasibility Study Guideline Revisions www.massschoolbuildings.org 42
Module 4 Schematic Design Guideline Revisions www.massschoolbuildings.org 43
ARP Designer Procurement Overview Procurement Schedule RFR Response Deadline: March 6, 2015 at 3:00 P.M. Selection by the Designer Selection Panel: April 21, 2015 Master File Brochure Form (Updated February 2011) must be on file with MSBA prior to DSP Meeting Presentation to MSBA Board of Directors: June 3, 2015 Selection Outcome MSBA anticipates selection of 10-15 Designers www.massschoolbuildings.org 44
ARP OPM Procurement Overview Changes from 2013/2014 ARP Procurement Three year term replaces two year term Updates to Contract for Project Management Services Anticipated Procurement Schedule Issuance of RFR: March 4, 2015 Question Deadline: March 20, 2015 Responses to Questions Posted: March 27, 2015 RFR Response Deadline: April 3, 2015 Presentation to MSBA Board of Directors: June 3, 2015 Selection Outcome MSBA anticipates selection of 10-15 OPMs www.massschoolbuildings.org 45
Technical Review Services Procurement Services: Architectural and engineering services to supplement MSBA staff with detailed review of technical documents and in performing site visits and facility assessments to complete MSBA s due diligence as part of the grant program. Procurement Schedule Anticipated Issuance: Late March, 2015 Responses Due: Late April, 2015 Anticipated Award: After June 3, 2015 Board of Directors Meeting Anticipated Effective Date: July 1, 2015 June 30, 2018 www.massschoolbuildings.org 46