During yesterday’s Kennewick School Board meeting we learned that Brian Brooks is not alone in placing campaign literature on cars in school parking lots when district patrons are attending school open house events.
As stated in the previous article (Brooks Breaks the Rules) the Public Disclosure Commission provides guidelines for election campaigns on school property based on state law. The PDC is the watchdog to maintain compliance with state law and contacts school districts to ensure the guidelines are enforced.
Uby Creek, a school board candidate, presented information to the school board. This information included three nearly identical bookmark style campaign flyers from candidates Brooks, Ben Messinger and Ron Mabry. The campaign literature had been placed on the car windshield of a friend whose car was in a school parking lot during open house.
My contact with Chip Beatty at the PDC clarified that this conduct on school property is a violation of PDC guidelines.
But we already knew that.
Four years ago when school board members stood outside school buildings electioneering while patrons entered school buildings, a complaint was made to the PDC. That electioneering was stopped. Kennewick board members and administration must have acted to end the practice.
So four years later I have been informed the district must consult with its’ attorney before taking action. Really?
Is this a delay to allow the improper practice to continue?
I am pleased to report that school board candidates Creek and Kathy White have chosen to respect the law and the rights of Kennewick school patrons to participate in school open house events without the interference of election campaigning.
Our thanks to them.
For the original article go to this link:
http://ksdcitizens.org/2011/09/14/brooks-breaks-the-rules/
The arrogance of these folks is what astounds me. The rules are for us, not them. If they are ignorant of the rules it only demonstrates that they don’t attend to their responsibilities. Why would I vote for people who don’t follow the rules even in these clearly delineated circumstances?
During and after Wednesday’s school board meeting, Brooks supporters were handing out Brooks’ bookmark campaign literature at Southridge High School during the open house. This would have been an opportunity for Brooks to honor PDC guidelines by calling his supporters and asking them to leave the school. If he was not aware of the requirements when the school board meeting began at 5:30, he knew the guidelines by 5:45 PM.
Is it too much to expect voluntary compliance with state law?
Brooks is not setting a positive example of good citizenship in action for students and their families in our community.
The majority on the school board and district administration have failed their duty to remedy this inappropriate conduct.
Can you help me understand which part of the guidelines they are breaking?
When I read the material you referenced; the guidelines are not clear, and somewhat ubiquitous. I’m all in favor of holding folks to abide by the rules; but I’m not sure this is clear.
WAC 390-05-273
Definition of normal and regular conduct.
Normal and regular conduct of a public office or agency, as that term is used in the
proviso to RCW 42.17.130, means conduct which is (1) lawful, i.e., specifically
authorized, either expressly or by necessary implication, in an appropriate enactment,
and (2) usual, i.e., not effected or authorized in or by some extraordinary means or
manner. No local office or agency may authorize a use of public facilities for the
purpose of assisting a candidate’s campaign or promoting or opposing a ballot
proposition, in the absence of a constitutional, charter, or statutory provision separately
authorizing such use.
Similar prohibitions on the use of public facilities by state employees and state officers
are described in a memorandum from the Attorney General’s Office regarding RCW
42.52 and available at http://www.atg.wa.gov/pubs/publicfundsmemo062800.htm
BASIC PRINCIPLES
1. Public facilities may not be used to support or oppose a candidate or ballot
proposition. RCW 42.17.130. Facilities include school district equipment,
buildings, supplies, employee work time, and district publications. The statute
includes an exception to the prohibition for “activities which are part of the normal
and regular conduct of the office or agency.”
David,
From the Guidelines for School Districts in Election Campaigns:
These Guidelines are meant to aid and assist in compliance with the
law. Readers are strongly encouraged to review the statute and rules referenced in
these Guidelines.
For ease of reference, the majority of this interpretation is in chart form. In part, the
chart identifies categories of persons, some possible activities, and some general
considerations. These illustrative examples in the columns of the chart are not intended
to be exhaustive.
You can check this yourself by contacting Chip Beatty at the PDC (1-877-601-2828). The information on page 8 of the guidelines (the box for school board members) is in chart format which is broadly stated. As I wrote in my article (Brooks Breaks the Rules), Beatty told me the rules are clear that electioneering by school board members is not allowed on school property (…shall not use public facilities or resources…) including parking lots. He also stated the rules apply to non-school board members who are candidates.
This issue was resolved in Kennewick four years ago.
I believe the Kennewick Board needs to write district policy about campaigning based on the PDC Guidelines so it is known by all candidates and the community exactly what is permissable and not permissable on school grounds. This should not be occurring during each election campaign.