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The guidance letter

Office of Campaign and Political Finance · from OCPF · released Oct 10, 1996 · 2 pages · 82 KB
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THE COMMONWEALTH OF MASSACHUSETTS
OFFICE OF CAMPAIGN & POLITICAL FINANCE

ONE ASHBURTON PLACE, ROOM 411
BOSTON. MASSACHUSETTS 02108
(617) 727-8352
(800) 462-OCPF

MICHAEL J. SULLIVAN
DIRECTOR

October 10, 1996
GL- Mp -3lo

By Fax (756-0505) and first-class mail

W. Chadwick Maurer, Town Manager
Town of Winchester

Winchester Town Hall

71 Mt. Vernon St.

Winchester, MA 01890

Re: Public hearing on Question 2
Dear Mr. Maurer:

I am writing in response to your October 9 fax to Denis
Kennedy requesting guidance regarding a public hearing you plan
to hold on October 21. Since an expedited response is
required, the director has asked me to reply to your letter.

You have stated that you would like to hold a hearing on
October 21 regarding Question 2 on the November 5 ballot. The
hearing will take place at the Town Hall Auditorium. You have
provided a proposed hearing format ag well as the proposed
advertisement for the hearing. You have stated that all .
registered groups supporting or opposing the question have been
invited to make a presentation.

The order of presentation was determined by a flip of the
coin. You have provided an outline for the hearing, which
-includes brief opening remarks regarding the hearing format by
the Chairman of the Board of Selectmen, followed by
presentations by each of the three organized groups, questions
from the public, and closing statements by each group.

The proposed notice of public hearing states that the
purpose of the hearing is "to hear information regarding
Question 2 on the ballot for the election to be held on
November 5, 1996. The question relates to a referendum vote on
Proposition 2 1/2 for funding of various school construction
projects." The notice also contains the text of the question.

You have asked three questions: (1) whether you may have
the hearing as proposed; (2) whether public funds may be used
to publish the notice; and (3) whether copies of the Order of
Presentation and notice may be distributed at the hearing.

The answer to each of your questions is "ves."

In Anderson v. City of Boston, 376 Mass. 178 (1978), the
Supreme Judicial Court stated that "governmental entities" may

W. Chadwick Maurer
October 10, 1996
Page 2

not expend public resources or contribute anything of value in.
support of or opposition to a ballot question. In addition,
public resources may not be used to distribute even admittedly
objective information regarding a ballot question unless
expressly authorized by state law.

In the Anderson decision, the court stated that the use of
government resources, such as telephones and printed materials
provided by public funds, and use of facilities paid for by
public funds, to support or oppose a ballot question, would be
improper, unless each side were given equal representation and
access. 376 Mass. at 200. In addition, government resources
may not be used to distribute even truly objective,
informational material to voters regarding the substance of a
ballot question, absent express statutory authorization. See
IB-91-01 and Joint Memorandum of this office and the Office of
the Secretary of the Commonwealth dated March 1996.

I understand from the materials which you have provided to
this office that the purpose of the hearing is to provide all
interested parties with an opportunity to discuss the pros and
cons of the ballot question. Since the procedure which you
have articulated would provide all groups interested in the
ballot question with equal representation and access, the
proposed hearing would comply with the campaign finance law.
Publishing the notice and distributing an outline of the
proceedings will enhance the hearing and neither the notice nor
the outline appear designed to support or oppose the question.
The notice and outline do not discuss the substance of the
ballot question. Merely stating the text of the question in
the notice does not raise concerns regarding the distribution
of information using government resources. Therefore,
publishing the notice and distributing copies of the outline
would not violate the campaign finance law.

Please note that the solicitation or receipt of
contributions to be used for political purposes is prohibited
in buildings occupied for municipal purposes. See M.G.L. a.
55, 8. 14. Therefore, such fundraising activity may not take
place in the auditorium.

This office appreciates your interest in complying with
the campaign finance law and encourages you to contact us in
the future if you have further questions or would like a formal
advisory opinion.

Sincerely,

ha
Gfego “sh Birne
eputy General Counsel

cc: Denis Kennedy