Political Activities - School Districts

REASON FOR INVESTIGATION

The Grand Jury received several complaints alleging violation of state laws with respect to political activities of school officers and employees.

BACKGROUND

During 1996 there were several ballot issues relating to school districts which generated a great deal of controversy and were debated in the newspapers, on television and at local meetings. The Grand Jury received letters from citizens who were concerned that public officials were engaged in illegal activities. The allegations ranged from the "wearing of campaign buttons" to "illegal" expenditures for campaign materials.

The Attorney General, in a letter to one of the Districts, stated the existing law. First, that "the use of school or public funds to urge support or defeat of ballot measures or candidates is illegal..." and second, that "public funds may be used for campaign purposes only if the informational activities are otherwise authorized by the Constitution or laws of the state and only if all sides are presented in a fair and balanced manner."

This means the district board which called the election and the administration must be available to answer questions and provide facts to interested parties.

PROCEDURE FOLLOWED

The Grand Jury reviewed the evidence submitted, met with staff from the District Attorney's Office and reviewed the pertinent legal codes.

FINDINGS

The Grand Jury found no evidence that school districts made illegal expenditures of funds. The Grand Jury found that some employees wore "campaign buttons" but this is legal.

Signs posted near schools were found to be informational in nature, and legal. [Education Code 7054(b)(2)]

CONCLUSIONS

No alleged illegal activities were substantiated. As citizens do not always share the same views, there may be differences of opinion regarding the distinction between "informing" and "persuading," and therefore, between "legal" and "illegal."

RECOMMENDATION

The Grand Jury recommends that:

Districts involved in ballot measures must be very careful to maintain the appearance and the reality of impartiality.