The guidance letter

Office of Campaign and Political Finance · from OCPF · released Apr 11, 2002 · 2 pages · 44 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

OIRECTOR (800) 462-OCPF
FAX: (617) 727-6549

April 11, 2002
GL-02-11

BY FACSIMILE TRANSMISSION

Mr. Philip Benincasa, Principal
Alcott School

91 Laurel Street

Concord, MA 01742

Re: Distribution of Information
Dear Mr. Benincasa:

This letter is in response to your April 11, 2002 requests for guidance forwarded by fax.
The director has asked me to respond.

You have indicated that the Alcott School intends to distribute a mailer to Concord residents
regarding a renovation project for the Alcott School that will be considered at a town meeting
scheduled for April 24, 2002. You faxed a copy of the school’s proposed mailer, which briefly
discusses the school project and urges residents to support the project and attend town meeting.

Question May school department funds be used to pay the cost of copying and mailing the
mailer?

Answer Yes.

The campaign finance law defines “contributions” and “expenditures” as contributions or
expenditures made “for the purpose of promoting or opposing a charter change, referendum
question, constitutional amendment, or other question submitted to the voters .. ..” See M.G.L. c.
55, § 1. The office has consistently stated that “questions submitted to the voters” must appear on
the ballot in an election in order for the provisions of M.G.L. c. 55 to apply. See AO-89-32. This
office does not consider issues that are debated in an open forum such as a town meeting, even if
such issues are resolved by secret vote, to be questions “on the ballot.” Funds raised or spent to
affect the deliberations of Town Meeting are therefore not subject to the campaign finance law. See
TB-91-01.

tt www. state.ma.us/ocpf E-mail: ocpf@cpf.state.ma.us

Mr. Philip Benincasa
April 11, 2002
Page 2

The mailer that you have asked about does not address an election. Instead, it is designed
primarily to influence the town meeting. As such, the campaign finance law would not prohibit the
use of public funds for such purposes.

This letter is based solely on information provided in your request and in our conversations
and is issued within the context of the Massachusetts campaign finance law.

This office appreciates your interest in the campaign finance law. Please contact us if you
have further questions regarding this matter.

Sincerely,
~Tnacasy T. dla
Tracey L. Dano
Legal Counsel
TD:ms
Enclosure

ce: Anita Tekle, Concord Town Clerk