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The guidance letter

Office of Campaign and Political Finance · from OCPF · released Nov 17, 2000 · 5 pages · 360 KB
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THE COMMONWEALTH OF MASSACHUSETTS

OFFICE OF CAMPAIGN & POLITICAL FINANCE

ONE ASHBURTON PLACE ROOM 411

BOSTON MASSACHUSETTS 02108

MICHAEL J. SULLIVAN TEL: (617) 727-8352

&

DIRECTOR (800) 462-OCPF
FAX: (617) 727-6549
E-mail: ocpf@cpf.state.ma.us

November 17, 2000
GL-00-26

By Fax and First Class Mail 4

’ Dr. Alfred Tutela, Superintendent

Wachusett Regional School District
P.O. Box 1097
Princeton, MA 01541-1097

Re: Distribution of information regarding December 19 election
‘Dear Dr. Tutela:

This letter is in response to your November 14, 2000 fax to Director of Public
Information Denis Kennedy. Because you have asked for an expedited response, I have been
asked to reply.

You have stated that on December 19 voters in Holden, Paxton, Princeton, Rutland, and
Sterling will be asked to approve two ballot questions to fund architectural, engineering, land
purchase and other costs in connection with a proposed school renovation and expansion project.

You would like to distribute a district newsletter to residents which would contain a part
of the text of each of the two questions and also would provide background information
regarding each of the two questions, would encourage residents to vote, stating “[p]lease don’t
leave to others the future of the high school. Vote on December 19".” In addition the newsletter
would state that “Based upon the careful review of the needs for renewal of the high school
facility, the Wachusett Regional School Committee has voted to propose two articles for
approval at a special election on December 19. The special election Articles proposed by the
School committee are explained within this issue.”

The newsletter would also state that in Holden residents “are encouraged to lend their
support to the district’s students at the special town meeting to be held on December 20....
Holden citizens are asked to give their permission to the district to purchase property next to the
high school for future educational uses.” Holden is the only town within the district having a
town meeting relating to a proposed expenditure, the other towns within the district will not be
having town meetings.

The newsletter discusses other issues of interest to readers, ¢.g., holiday events, test

Dr. Alfred Tutela
November 17, 2000
Page 2

results, and enrollment projections and education reform.

Question: You have asked if the school district may, using public resources, distribute the
proposed December 2000 edition of its “District Pride” newsletter to residents of the five towns
in the district.

Answer: No. The newsletter may be revised, however, to ensure compliance with the
campaign finance law.

Discussion:

In Anderson_v.City of Boston, 376 Mass, 178 (1978), appeal dismissed, 439 U.S. 1069
(1979), the Supreme Judicial Court concluded that the City of Boston could not appropriate

funds, or use funds previously appropriated for other purposes, to influence a ballot question
submitted to the voters at a state election. The court stated that “the Legislature may decide, as it
has, that fairness in the election process is best achieved by a direction that political subdivisions
of the State maintain a ‘hands off policy.” 376 Mass. at 195. The court also noted that the
campaign finance law demonstrates an intent “to assure fairness of elections and the appearance
of fairness in the electoral process” and that the law should be interpreted as prohibiting the use
of public funds “to advocate a position which certain taxpayers oppose.” 376 Mass. at 193-195.

Accordingly, this office has concluded that governmental entities should not expend
public resources, including staff time (such as the time of teachers), or contribute anything of
value, including paper, copying or postage, in support of or opposition to a state or local ballot
question. In addition, public resources may not be used to distribute even admittedly objective
information to voters concerning the substance of a ballot question unless expressly authorized
by state law. See Interpretive Bulletin IB-91-01 (a copy is enclosed),

Therefore, public resources may not be used to distribute information urging a particular
vote on a ballot question, or even “neutral” information regarding the substance of a ballot
question. Public resources may be used, however, however, to distribute a notice that informs
recipients about the time, date and place of a municipal election and urges them to vote, or which
-contains a brief, neutral title describing the ballot question or the text of the ballot question. See
IB-91-01. Although the newsletter may contain a portion of the text of the two questions’, it
should not include the background discussion regarding the questions, We would also suggest
replacing the paragraph on the first page that states that the School Committee has voted to
propose the two ballot questions based on a “review of needs for renewal” with a paragraph that
states, “The Wachusett Regional School Committee has voted to propose two articles at a special.
election on December 19. The Special Election Articles are contained within this issue.”

As discussed on page 5 of the interpretive bulletin “extreme care should be taken to avoid
the appearance of advocacy.” Therefore, the block on the first page of the proposed newsletter,
in which you state “Please don’t leave to others the future of the high school. Vote on December

y You have stated that part of the text has been removed from the first question due to clarity and space concerns.
Where a portion of the text of a ballot question is removed for such reasons from a newsletter distributed using
public resources, care should be exercised to ensure that that the remaining text is a fair and accurate representation
of the question.

Dr. Alfred Tutela
November 17, 2000
Page 3

19th” should be revised to remove the first sentence, i.e., the block as revised would say only
“Vote on December 19”.

Alternatively, the newsletter may be distributed using private resources, perhaps by a parent
teacher organization or ballot question committee. A PTO or ballot question committee would,
however, have to report the expenditures in accordance with the campaign finance law.

This letter is issued solely within the context of the campaign finance law and is provided
on the basis of representations in your letter.

This office appreciates your interest in the campaign finance law and encourages you to
contact us in the future if you have further questions.

Sincerely,

| ae fat Hb

imme
Deputy General Counsel

Enclosure

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‘Technology program. You will understand why

9784642140 WRSD SUPT OFF PAGE @2

.This Holiday Season is an occasion for celebration and renewal

This month the students of Wachusett Regional High School offer the community the opportunity
to enjoy classic moments onstage with their productions of Shakespeare's The Tempast and
Handel's Messiah, The development of their talent and artistry reaches full expression through
their performance of these classics. This holiday season the community is invited to bask in the
warm glow of their talent,

The students of the District receive the gifts of talented teachers and supportive parents
throughout the year. Highlights of the May 2000 MCAS results for the District in this issue pro-
vide one measure of the academic accomplishments of our students,

Learn more about the District's Model

Wachusett Regional School District has
become a leader in the use of technology
among Massachusetts.schoo! districts,

The School Committee continues to work
towards the goal of completing the renewal
of school facilities for our students, The
Committee has unanimously endorsed an edu-
cational plan based on the: "House" concept
that will form the basis for any high school facility option proposed for approval by the communi-
ty. The School Committee has obtained an independent analysis of projected high school enroll-
ments for the next 10 years, Learn more about the high school "House" concept and the Findings. of
the NESDEC enrollment projection study in this issue.

Based upon the careful review of the needs for renewal of the high school facility, the Wachusett
Regional School Committee has voted to propose two articles for approval at a special election on
> December 19, The special election Articles proposed by the School Committee are explained with-
Nin this issue.

Holden residents are encouraged fo lend their support ta the District's students at the special
town meeting to be held on December 20 at the Wachusett Regional High School auditorium.
Holden citizens are asked to give their permission to the District to purchase property next to the
high school for future educational uses,

We have reason to celebrate our students’ success while we continue our commitment to improve
the District's educational program in the years ahead!

A 4i 9784642142

PAGE @3

WRSD (P

The Wachusett: Regional District School Committee has

[. votad to request authorization to sperid $175,000 to hire an

architect to review the. options of one’new school OR a new’
school and renovations to the existing high school.

Mpproval'of Article 1 will make any final high school propos-
fai eligible for 70% reimbursement.

Baséd-upon the architéctural review, the School Committee
will recommend: the high school facility option which best
meets ‘the educational needs of students and financial
“requirements of the member towns.

Approval for construction of the final high school facility
‘option recommended by the School Committee will be
, sought during March-April 2001,

The architect will develop conceptual designs, utilizing the

EE i NRE :
existing high school site and adjacent land to be purchased
upon approval of Aiticle 2, for each of.the fallowing options:

1. Build a new high school for graces 9-12.

2. Build a new building to house grades 9-10 to implement
the “Lower House" concept, Complete minimum renova-
tions on the existing high school necessary to’ bring it into
compliance with current building code requirements. as a °
short-term solution. Use the partially renovated facility: to
house grades 11-12 using the "Upper House" concept.

3, Bulld a new building to house grades 9-10 to implement
the "Lower House” concept. Complete permanent renova-
tions on the existing high school necessary to bring it into |
compliance with current building code requirements AND
meet the long-range facility needs.

The Wachusett-Regianat District School Cormmittee voted to

request authorization to purchase of 22,3 acres of land

adjacent to the high school for.$695,000. This fand is cur-

.. fently owned by Weyman Lundquist. Purchase of this prop-

arty wilt be necessary to implement any of'the three high
schoo} facility options under consideration.

Purchase of the property ts contingent upon the approval of
the final high school vote for the total project. Approval for
construction of the high school facility option recommended
by the Schoo! Committee will ba sought during March-. April
2001.

; in addition to approval by the. member towns, the Wachusett
Regional ‘Agreement -requires approval by the Town of
Holden for purchase: of land in Holden, A.warrant article for
purchase of the property must be approved by the Town of
Holden ata town meeting to be held on December 20, 2000.

The town meeting vote to authorize the land purchase by
the District must pass with a 2/3 majority as required by
state law.