The humanities professor from California State Academy, Monterey Bay who was sued by the conservative Howard Jarvis Taxpayers Association this month for urging his students in an email to vote for the tax initiative Proposition 30 ran afoul of the state law (Government Code Section 8314) t hat bans the use of public resources for campaign activities.

CSU  acknowledged as much, calling Professor Ernest Stromberg's message over the campus email system, which urged students not but to vote for Prop 30, just to piece of work to pass it, "inappropriate and unfortunate."

On your own time, on your own dime is the watchword for teachers campaigning for tax initiatives and other ballot issues.

On your own time, on your own dime is the watchword for teachers campaigning for tax initiatives and other ballot issues.

The arrange raised the complex consequence of just what forms of advocacy are advisable for public employees and elected officials on behalf of ballot issues. While Stromberg's activity appeared improper, other circumstances may not be every bit clear-cut: the instructor who wears a "No On Prop 32" push to schoolhouse; the parent group that wants to buy an advertizing on a school website for Prop 38, the initiative raising the income tax to bring in $10 billion to Thou-12 schools and preschools; the school board fellow member who writes an op-ed favoring a local parcel tax? Where does a bright line turn to gray?

The stakes may be even higher than usual this November, with massive cuts to public education on the line depending on what happens to Props xxx and 38, just there'southward plenty of guidance from elections past and previous courtroom rulings on the boundaries of both legal and advisable bear. Attorney Full general Kamala Harris presents some hypothetical situations on the AG'south website; the Fair Political Practices Committee has lots of information, also. And the California School Boards Association includes guidelines for political activity for its members.

The simplest communication that tin go along elected officials and public officials out of trouble is campaign on your own dime and your own time. And when on the  job or in an official capacity, educate, not advocate. So:

  • Is it okay for a instructor to wear a button favoring a candidate or initiative to schoolhouse? Yes, teachers have their Offset Amendment rights, but they should vesture it before and after school or on breaks in the teachers lounge to be prophylactic, non in front of students, says Los Angeles chaser Peter Fagen, who advises school districts on these matters and gave a recent presentation on advocacy to the California School Boards Assn.
  • Tin teachers make campaign calls using a district-issued jail cell phone? This is trickier. Certainly non on school grounds or school time, merely if the commune contributes only a portion of the cost of the programme, and the employee the rest, then it'southward probably legal.
  • Can a school board pass a resolution endorsing an initiative or bond proposal? Yes, it's within their capacity to educate the public on matters related to their duties. The landmark 1976 State Supreme Court caseStanson 5. Mott and subsequent court cases "have said that a regime agency may endorse a measure out that is related to its expertise so long as it does non expend funds to promote its passage,"  co-ordinate to the explanation of the Chaser General's Office.

The board should vote on the resolution at a public meeting, with opportunity for public comment, says the CSBA. The resolution should be informative and factual, dispassionate, and shouldn't advise the voters to take any actions ane mode or another. The CSBA's Delegate Assembly voted last bound to urge voters to support both Prop 30, the governor'south tax initiative, and Prop 38. Its website includes a sample resolution for school boards to prefer endorsing both initiatives. More than 100 boards of trustees take done so, according to CSBA.

Fagen said there is "no difficult and fast rule" for when data becomes advocacy. "Courts tend to focus on style, tenor and timing of the textile." Avoid "inflammatory, argumentative or persuasive language," he brash. And don't tell constituents how to vote.

The nonpartisan Office of Legislative Counsel advises that public funds should not exist used to hold a press briefing regarding the district's position, issue a special press release, or include a copy of the board's resolution in an electronic mail or traditional mailer unless it's customary to transport all resolutions to residents.

  • Tin school board members write an op-ed in a newspaper or go to campaign rallies for an initiative or bond proposal? Yes, on their own fourth dimension, using their own coin. Only if a group requests a school board member or district administrator to speak well-nigh an initiative in his or her official capacity, the presentation must be fact-based, according to Fagen.
  •  Can a board or commune use a commune website to provide an explanation on an initiative or bond/parcel tax? Hither again, the watchword is to inform. A district may present informational materials to the public on ballot issues, the CSBA advises, but "a district must be extremely cautious and ensure that any materials are advisory" or neutral in tone, emphasize objective facts, and are consistent with the normal style and communication channels and patterns for the district." According to Fagen, the district is prohibited from running an ad on its website from a parents grouping or the campaign committee for a package tax or bond – even if the commune makes space bachelor to opponents.
  • Can a teacher discuss an initiative or local ballot items in class? Yes, equally long every bit information technology's an objective presentation with supporters' and opponents' positions presented. The younger the students, the more questionable it becomes, still, Fagen said. "A 2nd grader may go home to tell parents, 'My teacher said that if you don't vote yes, school budgets will be cut and there will be layoffs.' Can students tell both sides?"

One compelling reason for educational institutions to be aware of where to draw the line between education and advocacy is the threat of lawsuits. Jon Coupal, president of the Howard Jarvis Taxpayers Association, said Mon that he has been getting nearly 12 complaints a day about alleged violations of prohibitions on advocacy on behalf of local and state ballot questions and that his association intends to flle additional lawsuits. Complaints have included posting of a "Yes on Prop thirty/No on Prop 32" sign in an elementary schoolhouse in Santa Ana and sending home a flier supporting Prop 30 in another elementary school in Southern California.

"To the states, this is systemic," said Coupal, "and cannot continue. I would hope, afterwards all this is done, that we tin can achieve accommodations on penalties. There demand to be bright-line tests."

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