Toll Free 1-877-601-2828 · E-mail: pdc@pdc.wa.gov · Website: www.pdc.wa.gov
Guidelines for
PUBLIC
DISCLOSURE LAW RE: USE OF FACILITIES IN CAMPAIGNS
Forbids use of
public office or agency facilities in campaigns.
No
elective official nor any employee of his office nor any person appointed to or
employed by any public office or agency may use or authorize the use of any of
the facilities of a public office or agency, directly or indirectly, for the
purpose of assisting a campaign for election of any person to any office or for
the promotion of or opposition to any ballot proposition. Facilities of public
office or agency include, but are not limited to, use of stationery, postage,
machines, and equipment, use of employees of the office or agency during
working hours, vehicles, office space, publications of the office or agency,
and clientele lists of persons served by the office or agency: PROVIDED, That
the foregoing provisions of this section shall not apply to the following
activities:
(1) Action taken
at an open public meeting by members of an elected legislative body to express
a collective decision, or to actually vote upon a motion, proposal, resolution,
order, or ordinance, or to support or oppose a ballot proposition so long as
(a) any required notice of the meeting includes the title and number of the
ballot proposition, and (b) members of the legislative body or members of the
public are afforded an approximately equal opportunity for the expression of an
opposing view;
(2) A statement
by an elected official in support of or in opposition to any ballot proposition
at an open press conference or in response to a specific inquiry;
(3)
Activities which are part of the normal and regular conduct
of the office or agency.
RCW
28A.320.090
Preparing
and distributing information on district’s instructional program, operation and
maintenance--Limitation.
The board of directors of any school district shall have
authority to authorize the expenditure of funds for the purpose of preparing
and distributing information to the general public to explain the instructional
program, operation and maintenance of the schools of the district: PROVIDED,
That nothing contained herein shall be construed to authorize preparation and
distribution of information to the general public for the purpose of
influencing the outcome of a school district election.
WAC 390-05-271
General
applications of RCW 42.17.130.
(1) RCW 42.17.130
does not restrict the right of any individual to express his or her own
personal views concerning, supporting, or opposing any candidate or ballot
proposition, if such expression does not involve a use of the facilities of a
public office or agency.
(2) RCW 42.17.130
does not prevent a public office or agency from (a) making facilities available
on a nondiscriminatory, equal access basis for political uses or (b) making an
objective and fair presentation of facts relevant to a ballot proposition, if
such action is part of the normal and regular conduct of the office or agency.
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 www.wa.gov/ago/pubs.
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.”
2. School districts are authorized by
statute to prepare and distribute information to the general public to explain
the instructional program, operation and maintenance of the schools of the
district. This includes informing the
community of the needs the district faces and needs students have that the
community may not realize exist. RCW
28A.320.090 which authorizes the board of directors of any school district to
expend funds for this purpose provides that nothing in that statute is to be
construed as authorizing preparation or distribution of information to the
general public for the purpose of influencing the outcome of a school district
election.
3. School
districts are charged with education and instilling civic virtue.
4. School district employees do not
forfeit their rights to engage in political activity because of their
employment. Neither may district
employees be subjected to coercion, pressure, or undue influence to participate
in political activity or to take a particular position. Public officials and employees should make it
clear that any participation is personal rather than officially sponsored.
5. Supervisory school personnel have a
duty to know, apply, and communicate to their staffs the difference between
acceptable information activities and inappropriate promotional activities in
support district ballot measures.
6. School directors are free to support school
district ballot issues and engage in other political activities as long as such
activities do not make use of district facilities, time or resources and do not
either pressure or condone employees' use of district facilities, time or
resources to support school district ballot issues.
7. The PDC is charged with enforcing RCW 42.17.130. This requires consideration and analysis of activities, which may or may not be determined to be in violation of the statute. The PDC has, over the years, developed methods of considering and analyzing activities engaged in by school districts and public offices. Among the factors considered are the normal and regular conduct of the district and the timing, tone, and tenor of activities as compared with ballot measure elections. As in any matter where intent is to be considered, hard and fast rules, which will be applicable to all situations, are difficult to establish.
The combination of a number of activities into a coordinated campaign involving close coordination between district activities and citizens' committee activities which closely resembles traditional election campaign activities and which is targeted at and/or occurs close in time to a school district ballot measure election is likely to draw close scrutiny and careful consideration by the PDC as to whether a violation has occurred.
8.a. Historically,
the PDC has routinely advised and held that with respect to election-related
publications, one districtwide objective and fair presentation of the facts per
ballot measure is appropriate.
In
addition, if a district has also customarily distributed this information
through means other than a districtwide mailing (e.g. kid mail, regularly
scheduled district or school newsletter, website, bilingual documents, or other
format), that conduct has also been permitted under RCW 42.17.130 so long as
the activity has been normal and regular for the district.
b. The PDC will
presume that every school district may distribute districtwide an objective and
fair presentation of the facts for each ballot measure. If the district distributes more than this
districtwide single publication, the district must be able to demonstrate to
the PDC that this conduct is normal and regular for that district. In other words, the district must be able to
demonstrate that for other major policy issues facing the district, the
district has customarily communicated with its residents in a manner similar to
that undertaken for the ballot measure.
Districts are urged to read the definitions of "normal and regular" at WAC 390‑05‑271 and WAC 390-05-273. Districts need to be aware, however, that in no case will the PDC view a marketing or sales effort related to a campaign or election as normal and regular conduct.
USE OF THE GUIDELINES
This
document is intended to assist school districts, employees, directors, and
others in complying with the requirements of the
Public Disclosure Commission
Guidelines for
|
Persons |
Permitted |
Not Permitted |
General Considerations |
|
Principals
or Building Administrators |
· May inform staff during non-work hours[1] of opportunities to participate in campaign activities.[2] |
·
Shall not pressure or coerce employees to participate in
campaign activities. |
·
Has there been communications with staff and with union
representatives regarding the prohibition on the use of the school’s internal
mail or email system to support or oppose a ballot measure? |
|
|
·
Are encouraged to communicate to staff the difference between
acceptable and unacceptable activities related to a ballot measure. |
·
Shall not use internal memoranda solely for the purpose of
informing employees of meetings supporting or opposing ballot measures. |
|
|
|
·
In the course of normal publications for the school, may
distribute an objective and fair presentation of the facts[3]
based on and expanded upon the information[4]
prepared by the district in accordance with the normal and regular conduct of
the school and the district.[5] |
·
Shall not coordinate informational activities with
campaign efforts, in a manner that makes the district appear to be supporting
or opposing a ballot measure. |
·
Is the distribution of this information consistent with
the normal practices of the school (such as kid mail, newsletters, websites,
or some other format)? |
|
Principals
or Building Administrators |
·
May speak at community forums and clubs to present factual
and objective information on a ballot measure during regular work hours. |
·
Shall not use public resources to operate a speakers’
bureau in a manner that may be viewed as promoting a ballot measure. |
·
Is the information provided an objective and fair
presentation of the facts? |
|
|
·
May encourage staff and members of the public to vote, as
long as such encouragement routinely occurs for other elections. |
|
·
Is the activity consistent with the school’s normal and
regular course of business? |
|
|
·
May respond to questions regarding a ballot measure if
such activity is consistent with his or her normal and regular duties. |
|
·
Do the materials accurately present the costs and other
anticipated impacts of a ballot measure? |
|
|
·
May wear campaign buttons or similar items while on the job
if the district’s policy generally permits employees to wear political
buttons. |
|
|
|
|
·
May engage in campaign activities on their own time,
during non-work hours and without using public resources. |
|
|
|
PTSAs |
·
May use school facilities for meetings supporting or
opposing a ballot measure to the extent that the facilities are made
available on an equal access, nondiscriminatory basis, and it is part of the
normal and regular activity of the district. |
·
Shall not use school facilities to produce materials that
support or oppose a ballot measure, unless the district offers printing
services on an equal access, nondiscriminatory basis to others. |
|
|
PTSAs (continued) |
·
May print and distribute a separate newsletter advocating
support for the ballot measure so long as no district resources are used
(such as kid mail, newsletters, websites, or some other format). |
·
Shall not print and distribute materials promoting the
ballot measure in the school newsletter. |
|
|
|
·
May remind voters of upcoming election dates in the PTSA
newsletter or in their part of the school newsletter. |
·
Shall not use a school or district-sponsored event to
promote or oppose a candidate or a ballot measure. |
|
|
School
Boards |
·
May collectively vote to support or oppose a ballot
measure at a properly noticed public meeting, where opponents of the measure
are given an equal opportunity to express views.[6] |
·
Shall not pressure or coerce the superintendent to
participate in campaign activities. ·
Shall not explicitly include passage of a ballot measure
in the district’s annual goals. |
|
|
School
Board Members |
·
May engage in political activities on his or her own time,
if no public equipment, vehicle or facility is used. (An elected official may use his or her
title, but should clarify that he/she is speaking on his/her own behalf, and
not on behalf of the district. If the
board has adopted a resolution, the board member can then speak on behalf of
the district.) |
·
Shall not direct district staff to perform tasks to
support or oppose campaign activities or ballot measures. ·
Shall not use public facilities or resources in engaging
in political activities. |
·
Is the board member using staff time, a public vehicle, or
other public resources? ·
Has the board adopted a resolution? If yes, the board member can speak on
behalf of the district. If not, has
the board member made it clear that he or she is not speaking on behalf of the district? |
|
Students |
·
Students may originate school projects for credit that
promote or oppose candidates or ballot measures. |
·
Student school projects supporting or opposing ballot
measures shall not use public resources that are not regularly and routinely
made available for other student projects. |
·
Is the school project student-initiated? |
|
|
·
Students may use public resources to carry out school projects
promoting or opposing ballot measures, to the extent that such resources are
regularly and routinely made available for other student projects. |
·
Teachers shall not assign school projects to students that
require creating or distributing materials to influence an election’s
outcome. |
·
Is the district using the student project to influence the
outcome of an election? |
|
|
|
·
District employees and officials shall not use student
projects to influence an election’s outcome. |
|
|
Superintendents
or Their Designees |
·
May speak at community forums and clubs to present an
objective and fair presentation of the facts on a ballot measure during
regular work hours.[7] |
·
Shall not use public resources to operate a speakers’
bureau in a manner that may be viewed as promoting a ballot measure. |
·
Is the superintendent using public resources in a manner
that promotes or opposes a candidate or a ballot measure? |
|
|
·
May fully participate in campaign activities, including meeting
with citizens’ campaign committees to plan strategies, during non-work hours
and without the use of public resources. |
·
Shall not use public resources to promote or defeat a
candidate or ballot measure. |
·
Does the presentation accurately present the costs and
other anticipated impacts of a ballot measure? |
|
Superintendents
or Their Designees |
·
May inform staff during non-work hours of opportunities to
participate in campaign activities without using public resources. |
·
Shall not pressure or coerce employees to participate in
campaign activities. |
|
|
|
·
May respond to questions regarding a ballot measure if
such activity is consistent with his or her normal and regular duties. |
·
Shall not use district resources to organize the
distribution of campaign materials. |
|
|
|
·
May wear campaign buttons or similar items while on the
job if the district’s policy generally permits employees to wear political
buttons. |
|
·
Does the district have a policy permitting employees to wear
political buttons? |
|
|
·
May place window signs or bumper stickers on their
privately‑owned cars, even if those cars are parked on school property
during working hours. |
|
|
|
|
·
Are encouraged to communicate to staff the difference between
acceptable and unacceptable activities related to a ballot measure. |
|
|
|
·
May encourage staff and members of the public to vote, as
long as such encouragement routinely occurs for other elections. |
|
|
|
|
Teachers or Other Employees |
·
May speak at community forums and clubs to present an
objective and fair presentation of the facts on a ballot measure during
regular work hours if such activity is consistent with his or her normal and
regular duties. ·
May inform staff during non-work hours of opportunities to
participate in campaign activities without using public resources. |
·
Shall not use work hours or public resources to promote or
oppose a candidate or ballot measure (such as gathering signatures,
distributing campaign materials, arranging speaking engagements, coordinating
phone banks, or fundraising). |
·
Do the presentations accurately present the costs and
other anticipated impacts of a ballot
measure? ·
Is the employee acting on his or her own time, during
non-work hours? |
|
|
·
May engage in campaign activities on their own time,
during non-work hours and without using public resources. |
·
Shall not pressure or coerce other employees to
participate in campaign activities. |
·
Is the employee using public resources in a matter that
promotes or defeats a candidate or a ballot measure? |
|
|
·
May respond to questions regarding a ballot measure if
such activity is consistent with his or her normal and regular duties. |
|
|
|
|
·
May wear campaign buttons or similar items while on the job
if the district’s policy generally allows employees to wear political
buttons. |
|
·
Does the district have a policy permitting employees to
wear political buttons? |
|
|
·
May, during non-work hours, make available campaign materials
to employees in lunchrooms and break rooms, which are used only by staff or other authorized individuals. |
·
Shall not use district resources to organize the
distribution of campaign materials. |
|
|
Teachers or Other Employees |
·
May place window signs or bumper stickers on their cars,
even if those cars are parked on school property during working hours. |
|
|
|
|
·
May encourage staff and members of the public to vote, as
long as such encouragement routinely occurs for other elections. |
|
|
Union
Representatives |
·
May, during non-work hours, make available campaign
materials to union members in lunchrooms and break rooms, which are used only
by staff or other authorized
individuals. |
·
Shall not use the school’s internal mail or email system
to communicate campaign-related information, including endorsements. |
·
Are campaign materials made available only in those areas
used solely by staff or other authorized individuals? |
|
|
·
May distribute campaign materials at union-sponsored
meetings. |
·
Shall not distribute promotional materials in classrooms
or other public areas. |
·
Does such distribution occur during non-work hours? |
|
|
·
May post campaign materials on a bulletin board, if such a
board is in an area that is not accessible to the general public and if such
activity is consistent with the district’s policy and the collective
bargaining agreements. |
|
|
Activities and Resources |
|
|
|
|
Equipment
and Supplies |
·
District employees, in the course of their employment, may
use equipment (including but not limited to projectors and computers) to make
an objective and fair presentation of the facts at community forums and
clubs. |
·
Public resources (including but not limited to internal
mail systems, email systems, copiers, telephone) shall not be used to support
or oppose a candidate or ballot measure, whether during or outside of work
hours. |
·
Do the presentations fairly and objectively present the
costs and other anticipated impacts of a ballot measure? |
|
|
·
District employees, in the course of their employment, may
produce information that is an objective and fair presentation of the facts using
public resources. |
·
Citizens’ campaign committees and other community groups
shall not use district equipment (including but not limited to internal mail
systems, projectors, computers, and copiers) to prepare materials for
meetings regarding ballot measures. |
|
|
Meeting
Facilities |
·
District meeting facilities, including audio visual
equipment, may be used by campaign committees for activities on the same
terms and conditions available to other community groups, subject to the provisions
of the district’s policy. |
|
·
Can community groups typically use school facilities? ·
Are facilities made available to all groups on the same
terms? ·
Has the district adopted a policy regarding the
distribution of campaign materials on district property? |
|
Lists |
·
Lists of names (such as district vendors or parents) that
a district has obtained or created in the course of transacting its regular
public business are subject to public disclosure requirements; thus, unless
otherwise exempt, the lists must be released subject to public records
requests. |
·
Districts shall not sell copies of such lists (though they
may charge a pre-established fee to recover the costs of providing copies of
the lists). |
·
Is the list obtained or created in the course of the
district transacting its public business? |
|
|
·
Districts may charge a pre‑established fee to cover
the costs of providing copies of such lists on an equal access,
nondiscriminatory basis. |
·
If a list is generally available as a public record, it
cannot be denied to a person or group on the grounds that it might be used in
a campaign. |
·
Are the fees charged no greater than necessary to cover
the costs of providing copies? |
|
|
|
|
·
Has the district complied with laws governing access to
public records, including those regarding student records, and district
policy in responding to any public record requests? |
|
Voting
Information |
·
District personnel may encourage staff and members of the
public to vote, as long as such encouragement routinely occurs for other
elections. |
·
Districts shall not pressure or coerce employees to vote. |
·
Is the activity related to providing voting information
for elections, as opposed to advocating for or against a particular candidate
or ballot measure? |
|
|
·
Public facilities may be used to register people to vote
and to do periodic poll checking. |
·
Districts shall not organize an effort to encourage staff to
wear campaign buttons or display campaign materials. |
|
|
District
Publications (Specific to Elections) |
·
Districts may develop an objective and fair presentation
of the facts regarding district needs
and the anticipated impact of a ballot measure, and may distribute it in the
district’s customary manner. This
information[8]
may be printed in various languages and communicated in other formats as
required by the |
·
Districts shall not distribute election-related information
in a manner that targets specific subgroups.
Targeting does not refer to mailing information to district
constituencies such as parents, families within a service region, community
leaders, or some other group, or to the district’s regular distribution list
to provide information in a manner that is consistent with the normal and
regular conduct of the district. |
·
Does the information provide an objective and fair
presentation of the facts? ·
Is the format and style including tone and tenor, of the
information presented in an objective and fair manner? |
|
|
·
In the course of regular publications for the district,
the district may distribute an objective and fair presentation of the facts
for each ballot measure in accordance with the normal and regular conduct of
the district. |
·
Districts shall not publicize information supporting or
opposing a candidate or ballot measure. |
·
Is the timing and the distribution of the information
normal and regular for the district? |
|
|
|
·
Districts shall not use electioneering or promotional
expressions such as “the levy will cost the average family a pizza a
week.” |
·
Do the materials accurately present the costs and other
anticipated impacts of a ballot measure? |
|
District Publications
(Specific to Elections) |
|
|
·
Does the district typically distribute information by kid
mail, newsletters, websites, or
some other format? |
|
District
Publications (Regular) |
·
Districts may include all or part of the information regarding
district needs and the anticipated impacts of a ballot measure in the
district’s regular publications, such as district and school
newsletters. (For example, a school
newsletter may specifically describe the projects and/or programs planned for
that school.) |
·
Districts shall not use internal memoranda or other
district publications to encourage employees to participate in campaign
activities. |
·
Does the district routinely distribute such information? |
|
|
·
Districts may inform staff and/or parents of community
meetings related to ballot measures if other such information is normally
published in a newsletter or community calendar, and if both those supporting
or opposing a ballot measure have the opportunity to appear on the calendar
or in the newsletter. |
·
Districts shall not publish materials supporting or
opposing a candidate or ballot measure. |
·
Does the district normally inform staff and/or parents of
community activities and meetings? |
|
District
Publications |
·
Districts may factually report school board support for a
ballot measure, so long as it is the normal and regular conduct for the
district. (For example, a community
newsletter that ordinarily reports on board actions may report that the board
adopted a resolution supporting the district’s ballot measure.) |
|
·
Is the information presented in an objective and fair
manner? ·
Is the district engaging in significantly different
activities during the time period immediately prior to the ballot measure
compared to all other times of the school year? |
|
|
·
Districts may thank citizens for their support after an
election in district publications. |
||
|
Reader
Boards/Posters |
·
Information encouraging staff and members of the public to
vote, or providing the dates of upcoming elections such as “vote on February
___”, may be posted, as long as such encouragement is customarily posted for
elections other than just a district ballot measure. |
·
Districts shall not display a “vote schools” sign or other
promotional messages on reader boards or posters. |
|
|
|
·
Districts may thank citizens on their reader boards for
their support after an election. |
·
Signs advocating for or against candidates or ballot measures
shall not be posted on district property in any area accessible to the
general public or in classrooms. |
|
|
Reader |
·
Union representatives/employees may post campaign
materials on a bulletin board, if such a board is in an area that is only
accessible to staff or other authorized individuals and if such activity is
consistent with the district’s policy and collective bargaining
agreements. |
·
Publicly owned vehicles shall not be used to carry or
display political material. |
|
|
Surveys
and Research |
·
Districts may conduct surveys and/or other community research,
including demographic questions, to determine the community’s priorities,
public perception of district performance, and/or to inform the community about
district programs and policies. |
·
Districts shall not conduct surveys to determine what
taxation level the public would support. |
·
Has the school board passed a resolution authorizing a
measure to be placed on the ballot?
(If so, actions may be more closely scrutinized.) |
|
|
·
Districts may conduct community research (including but
not limited to the use of questionnaires, surveys, workshops, focus groups,
and forums) to determine the community’s priorities for both programs and/or
facilities and their associated total costs and projected dollars per
thousand assessment. |
·
Districts shall not conduct surveys designed to shore up
support or opposition for a ballot measure. |
·
Does the election-related survey target specific
subgroups? |
|
Surveys and Research (continued) |
·
The surveys and/or other community research can be
conducted before or after the school board has approved a resolution to place
a ballot measure on the ballot.
However, research conducted after the adoption of the resolution may
be subject to greater scrutiny. |
·
Districts shall not target registered voters or other
specific subgroups of district residents in conducting their election-related
surveys. |
·
Is the survey or community research consistent with normal
and regular activities of the district? |
|
|
·
Districts may publish survey results if it is consistent
with the normal and regular conduct of the district. |
·
Districts shall not use survey results in a manner
designed to support or oppose a candidate or ballot measure. |
|
|
Technology
(websites, emails, computerized calling systems) |
·
A district may develop an objective and fair presentation
of the facts and post that information on its website, including information
regarding district needs and the anticipated impacts of a ballot
measure. This information may be
reformatted so that it is consistent with the manner in which the district
customarily presents information on its website. |
·
District computers, email systems, telephones, and other information
technology systems shall not be used to aid a campaign for or against a
candidate or ballot measure or otherwise to support a candidate or ballot
measure. |
·
Are the materials developed an objective and fair
presentation of the facts? |
|
|
·
District websites may permit viewers to make selections to
learn about the anticipated impacts of a ballot measure for a specific
school, or otherwise allow readers to explore issues in greater or lesser
detail. |
·
Electronic communication systems shall not be used to
generate or forward information that supports or opposes a candidate or
ballot measure. |
·
Is the district engaging in significantly different
activities during the time period immediately prior to the ballot measure compared
to all other times of the school year? |
|
Technology
(websites, emails, computerized calling systems) |
·
Districts may update the information on their websites in
a manner that is customary for the district. |
·
District websites shall not be used for the purposes of
supporting or opposing a candidate or ballot measure. |
·
Do the materials accurately present the costs and other
anticipated impacts of a ballot measure? |
|
|
·
Staff may respond to inquiries regarding a ballot measure
in an objective and fair manner, via email or by telephone if it is part of
their normal and regular duties. |
|
·
Has there been communications with staff and with union
representatives regarding the prohibition on the use of the school’s
technology to support or oppose a ballot measure? |
Note on Timing
of Activities: A particular
activity may be subject to the scrutiny of the Public Disclosure Commission
depending in part on whether it is a part of the “normal and ordinary” conduct of
a district or a school. Generally,
activities that occur after a school board has passed a resolution authorizing
a measure to be placed on the ballot will be subject to greater scrutiny by the
Public Disclosure Commission than those occurring before such a resolution has
been passed.
Note on
District Policies: The
application of these guidelines is also subject to each district’s own policies
as adopted by the school board.
[1] Districts may set the definition of work hours for their employees. For example, to the extent that a district defines the lunch hour as a non-work hour, activities to support or oppose a candidate or a ballot measure that do not use public resources and that are held away from district facilities are permitted during the lunch hour.
[2]
RCW 42.17.680(2) provides that “[n]o employer or labor organization may
discriminate against an officer or employee in the terms or conditions of
employment for (a) the failure to contribute to, (b) the failure in any way to
support or oppose, or (c) in any way supporting or opposing a candidate, ballot
proposition, political party, or political committee.”
[3] Throughout
these guidelines, the clause “objective and fair presentation of the facts”
means that in addition to presenting the facts, the materials should present
accurately the costs and other anticipated impacts of a ballot measure.
[4] For the
purposes of these guidelines, “information” refers to the documents prepared,
printed, and mailed districtwide by the district’s central administration
solely for the purposes of informing residents regarding an upcoming ballot
measure. The district and a school may
continue to distribute information consistent with the customary practices of
the district and a school, including but not limited to kid mail, newsletters,
websites, and multi-lingual documents.
These publications may continue, but if they discuss the ballot measure,
the information should be an objective and fair presentation of the facts.
[5] For the
purpose of these guidelines, the term “normal and regular” is defined in WAC
390-05-273 and clarified further by WAC 390-05-271.
[6] RCW 42.17.130(1) provides that action may be “taken at an open public meeting by members of an elected legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body or members of the public are afforded an approximately equal opportunity for the expression of an opposing view.”
[7] Districts
may set the definition of work hours for their employees. For example, to the extent that a district
defines the lunch hour as a non-work hour, activities to support or oppose a
candidate or a ballot measure that do not use public resources and that are
held away from district facilities are permitted during the lunch hour.
[8] For the
purposes of these guidelines, “information” refers to the documents prepared,
printed, and mailed districtwide by the district’s central administration
solely for the purposes of informing residents regarding an upcoming ballot measure. The district and a school may continue to
distribute information consistent with the customary practices of the district
and a school, including but not limited to kid mail, newsletters, websites, and
multi-lingual documents. These
publications may continue, but if they discuss the ballot measure, the
information should be an objective and fair presentation of the facts.