The following guidelines provide some general legal
principles found in case and statutory law. School district, ESD and community college
board members and administrators are encouraged to consult with the Oregon School Boards
Association or their district’s attorney when specific questions arise. Please direct
your questions to Shannon Priem, Director of Communication Services,
via E-mail
or phone at 1-800-578-6722 or 503-588-2800.Don’t use district resources
School districts, ESDs and community colleges cannot use public
resources to advocate a position on a ballot measure.
Public resources mean money, staff time during working hours,
vehicles or travel allowances, or facilities and equipment.
Examples: Employees cannot be used to do research or write
speeches designed to advocate a position on a ballot measure.
Employees cannot charge travel expenses to the district/community
college for attending a meeting at which they advocate a campaign
position. A board secretary cannot draft a board resolution that
takes a position on a ballot measure before the board has
officially taken action on the resolution. (Following a board
action, the board secretary can format the resolution to comply
with a standard format used for resolutions.)
Do provide information
Elected board members may
use public resources to develop and distribute objective material on
the effects of a ballot measure. Such material must be
informational, providing the public with a fair presentation of all
relevant facts and may not advocate a position.
Examples: Employees can be asked to do research and prepare
impartial, factual information that fairly assesses the effects of a
measure on the district/community college and the community. Boards
and staff can use such information in meetings with individuals,
organizations, the news media, legislators, civic leaders, special
interest groups and others to explain objectively the measure’s
impact. Measure proponents or opponents can also use the information
gathered.
Do check content,
intent
Give careful consideration to style,
tenor and timing when creating information documents. The distinction
between legitimate research/information efforts and improper campaign
advocacy may be difficult to determine for specific cases. When in
doubt, check with the district’s/community college’s attorney or
send the information document to the Secretary of State’s Elections
Division for review.
Do speak out
Elected board members may
campaign fully for or against any ballot measure as long as they don’t
use public resources. The courts recognize the right, if not the
duty, of elected officials to speak out on major issues,
particularly on matters that affect the constituents they serve.
Board members can speak without restriction as long as public
resources are not involved in any way. The board member can use
district-prepared materials for reference because these materials are
public records available to anyone.
Do take positions
Elected boards of school districts, ESDs and community colleges
can take a position on a ballot measure provided public resources
are not used to advocate that position.
Board resolutions for or against a ballot measure must be drafted by
a member of the board, not by the superintendent/president or board
secretary. The board secretary can make copies of the proposed
resolution and include the drafted resolution in the board packet sent
out before the board meeting. On resolutions that take a position on a
ballot measure, the superintendent/president can prepare information
that indicates the impact that ballot measure will have on the
district/community college, but must make that information balanced and
impartial.
Following passage of a resolution, the board secretary can retype the
resolution to conform to the district/community college format. The
superintendent/president may not endorse the board’s action, but can
sign the resolution strictly "attesting to the action taken"
and as the official clerk. Language labeling the signature as such
should be part of the signature line.
If the district/community college normally includes information on
board meeting actions in a regular district publication, the action the
board took on the ballot measure resolution can be included as part of
the listing of board actions, but should not be specifically
highlighted. Board action to support or oppose a ballot measure should
be included in the board’s official minutes.
Don’t campaign on district time
School district, ESD and community college employees can campaign
outside their hours of employment and without the expenditures of
public funds. Employees must not be required nor coerced to aid in a
campaign. During working hours employees can say, "Here are the
facts; please vote." They can say, "Vote yes," on
their own time.
A superintendent/president attending a meeting as the representative
of the district/community college cannot advocate for or against a
ballot measure. The superintendent/president can provide information on
how a ballot measure will impact the district but should provide
information that is balanced and impartial. If an employee of the
district/community college wants to advocate a position on a ballot
measure, that employee must make it perfectly clear before speaking at a
public gathering that such opinions are personal and are not given in
the employee’s official position. If such opinions are given at a
public gathering the district/community college cannot pay for any part
of that employee’s appearance, such as the cost of the meal or travel
expenses.
Do provide public forums
School districts, ESDs or community
colleges may provide at public expense, a forum in which the
opponents and proponents for a ballot measure are given equal time
to present their views.
ORS 260.432
For further information see
Restrictions on Political Campaigning by Public Employees
(564k  )
from the
Elections Division, Secretary of State’s Office
. |
