FOR YOUR SCHOOL
BUILDING PROGRAM....
Don't Be Defeated by
Your Very Best Friends
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Anyone who has been involved in a school building program knows that community support is essential. Successful election results occur because of thoughtful planning for months, even years, before the date you will need your school. Adverse publicity over any aspect of a school building can prove devastating. And occasionally, it is the very people who most want your program to succeed who cause you to stumble badly.
The following are a few important concepts you should master before you decide to attempt to involve either your school board trustees, your administrators and employees or your local civic and charitable organizations. Consider attending the 5th Annual Practical Hands-On Facilities & Construction Community School Districts & Community Colleges Advice Conference in Austin, TX on November 12, where you will hear this discussed in-depth. But in case you can't come, as we are almost full, here are a few thoughts.
Propositions on the ballot to approve a school house bond issue are governed by laws almost identical to the laws governing the raising of funds for elected officials (please see the Texas Election Code, Title 15: Regulating Political Funds and Campaigns, Chapter 253, entitled Restrictions on Contributions and Expenditures). Any contribution of resources of value by an individual, a firm, or a non-profit civic or charitable organization must be accounted for and reported in the same way contributions to a political figure are reviewed. Identify someone in your community who understands this area of the Texas Election Code well before you begin any effort to encourage voters.
While most administrators and trustees are well aware that school resources and personnel cannot be used to support a school board trustee as a candidate, many do not understand the twists and turns in supporting a school bond election. "Everybody knows we are out of space and that the building is falling apart. How could the Superintendent or Principal supporting a new building not be a part of their normal duties?" is a frequent comment from new and inexperienced school board members and administrators. Then there are the well-intentioned school employees who speak up in their classrooms, making flyers for their students to take home encouraging their parents not just to vote but to vote in a certain way for a proposition. That sort of support has gotten more than one school district in serious trouble. Using school materials to advocate a particular way of voting, even if it involves voting in a way that every single member of the community who uses school buildings knows is necessary, is a direct violation of the Texas Election Code (for more information, please CLICK HERE) . While there is no black and white rule, the only safe strategy is to use promotional materials about bond elections that are so neutral no one could guess whether the author supports or opposes the bond issue. And then ask yourself, if the materials are that neutral, why bother sending them and spending many thousands of dollars on paper and postage?
The simple, often less attractive but very legally defensible, solution is simply to form a political action committee which raises funds sufficient to do whatever it wants. The funds and other items of value contributed must be accounted for and reported, and their donor recorded politically, but there is no challenge. School board members, superintendents, school employees may participate in that way as well, and there will not be a highly publicized distasteful challenge by disgruntled community members, the Secretary of State or both.
The Texas Secretary of State offers a wealth of resources at no charge if you are unsure about how to proceed. In your every school bond election, we wish you the very best.
If you have not
done so already, consider enrolling in
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Preventative School District and Education Law
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This information is
provided by Laura S. Fowler, Attorney at Law with
The Fowler Law Firm PC. It is not intended as a
substitute for careful review by legal counsel of
your choosing. We would be most honored to assist
you in your every real legal need.
Contact Laura
Fowler at lfowler@thefowlerlawfirm.com
or
call (512) 441-1411.
As with any legal
issues, please consult your attorney with
questions.
