The document provides guidelines for communication about an upcoming school bond election. It states that school district employees can advocate for or against the bond before an election is called, but after an election is called they are only allowed to provide factual information to avoid violating political advertising laws. Advocacy includes asking voters to support or defeat the bond. District resources cannot be used for political advertising, and employees cannot advocate while using paid time or district property. Violations can be reported to the Texas Ethics Commission.
3. Communication Overview
✤ The information presented here will help us as
we prepare for the upcoming Bond Election on
November 2, 2010.
✤ The information only applies to the time after
the Board of Trustees officially calls the bond
election.
✤ Until the election is called, full discussion and a
certain amount of advocacy is allowable.
4. Texas Election Code
✤ An officer or employee of a school district may not spend
or authorize the spending of public funds for any type
political advertising.
✤ The Election Code does not apply to any communications
that factually describe the purpose of a measure as long
as the communication does not advocate passage or
defeat of the election.
✤ A person who violates the code commits an offense
which is considered a Class A Misdemeanor.
5. Political Advertising
✤ Political Advertising is a communication that
advocates a particular outcome in an election and
includes statements made in writing or orally.
✤ newspaper, magazine, or other periodical
✤ broadcast by radio or television
✤ appears in a pamphlet, circular, flyer, billboard, sign, bumper
sticker
✤ written communications
✤ email or on an website
6. What is advocacy?
✤ A lot of school district employees and officers
have violated the bond ethics laws by engaging
in communication that is considered advocacy.
✤ Asking for support or rejection of a bond
election is advocacy.
✤ Using statements such as "Vote For X" and
"Defeat Y" is also advocacy.
7. Some Ethics No-No’s
✤ It is very important for your children and the
school district that we approve this bond.
✤ I am confident that you will research and
make the right choice.
✤ The future of our school lies in your hand.
✤ This bond is the right thing to do for our
children.
8. More Ethics No-No’s
✤ Please support our vision.
✤ Although I cannot formally endorse the bond,
there is a choice that many of our leaders
favor.
✤ Show that you care about our kids.
✤ Help us help our children.
9. Even More Ethics No-No’s
✤ Best solution
✤ Fantastic
✤ State of the art
✤ Countless benefits
✤ Horrible shape
✤ We must do something
10. Complaints and Violations
✤ Any individual may file a sworn complaint with
the Texas Ethics Commission alleging a violation
of certain laws.
✤ To start the process, a sworn complaint must be
filed on a form prescribed by the Commission.
✤ The Commission is authorized to undertake civil
enforcement actions, hold enforcement hearings,
issue orders, impose civil penalties and refer
matters for criminal prosecution.
11. Just remember ...
✤ Any employee of the District
can violate the Election Code,
not just those in a position of
leadership.
12. What are considered
“district resources?
✤ 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.
✤ It is not permissible to use the paid time of District
employees to create or distribute political
advertising.
13. What can the district do?
✤ The District is to provide factual information.
✤ Proposed projects and costs
✤ Voting times and locations
✤ Growth rate/enrollment trends
✤ Performance data
✤ Student capacity
✤ Age and condition of buildings
✤ Tax Rate effects
15. Summary
✤ Until a bond election is called by the Board of
Trustees, officers and employees of the district
may discuss and utilize a certain amount of
advocacy regarding a bond election.
✤ Once a bond election is called, officers and
employees of the district may only disseminate
factual information.