Friday, June 1, 2012
Bond Ethics - FAQ's
The next series of blogs regarding Bond Election Ethics will be in the form of frequently asked questions that we have compiled through our experience with assisting in school bond elections. These questions assume that you are the Superintendent of the school district and these questions are being asked of you. Of course the safe answer would be that you should always check with your legal counsel, but a general knowledge of the ethics rules will help you stay out of trouble.
Question 1 - The District is about to call for a bond election. The School Board President asks if the Board should appoint a Political Action Committee. What should you tell him/her?
Answer- Absolutely not. The Board should never take any action in regards to a group that will be participating in and paying for political advertising. Political Action Committees should form by themselves. Usually these groups will form naturally through the community involvement during the planning process.
Question 2 - A teacher in the District who is also a member of "Citizens for School Improvements" Political Action Committee, wants to know if she can talk about the upcoming bond election at work. What can she say if another employee or parents ask her about the election?
Answer 2 - Teachers have the right to express their views when asked. However, they have to use common sense when doing so and be careful not to let their views turn into any type of staged conversation or campaigning.
Question 3 - You (as Superintendent of Schools) are giving a presentation about the upcoming bond election. At the end of the presentation a member of the audience asks you how you feel about the election. What should you say? Or more important, what should you not say?
Answer 3 - Any factual statement can be made at any time regarding the bond election without violating the Texas Election Code. All political advertising, whether in support of or against the bond election, is considered advocacy and is strictly prohibited. Use caution when using printed materials as handouts. Do not stray from the factual material.
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The general knowledge FAQs provided in this blog, and subsequent blogs, are very informative. I did not realize the process of informing the community of a bond election could be a slippery slope. On the one hand, the superintendent needs to outline details of the upcoming bond election, yet he/she must be diligent to not divulge any support of or against the bond election. The formation of a Political Action Committee, in support of the bond election, is likely crucial to the success of a passed bond. Can the superintendent be involved with the Political Action Committee? If yes, in what capacity (e.g., as a presenter of factual information of the upcoming bond election)?
ReplyDeleteH. Ortiz (Tarleton State University)
According to Section 255.003 of the Texas Election Code “An officer or employee of a political subdivision (School District) may not spend or authorize the spending of public funds for political advertising.” Not surprisingly, many code violations occur by administration, faculty, and staff in school districts. Several examples of these violations in advertising used by employees include language such as “countless benefits, horrible shape, important, upgrade” and slogans such as “Our schools are in tragic shape, It’s the right thing to do.” Another violation is the use of district resources during an election. Employees are not “supposed” to use resources such as district telephones, computers, copy machines, and facilities to promote bond elections or any other type of election. I am curious to how many school districts have violated or will violate the Texas Election Code.
DeleteS.Lewis TSU
The most common violations occur in printed materials that are handed out by the District. It is very difficult to prove a spoken word violation that might occur, say while a superintendent is giving a presentation. You should always have your printed materials reviewed by the district counsel. If in doubt, don't print it.
DeleteI am the Director of Curriculum & Instruction / Special Programs at a rural 2A district in Texas. The disrepair of our elementary school buildings has grown increasingly evident in recent years. For the first time in decades, our Board of Trustees are discussing a bond election for a new elementary. Because we are a part of a very small, close-knit community, we knew that administration would be caught in many informal conversations with citizens regarding the bond issue, i.e. football games, church, etc. For that reason, we began planning and attending training as an administrative body. The planning team consists of board members, the Superintendent, all campus principals, and myself. Through this planning process, we have fleshed out our individual opinions, gathered facts, met with experts, and very rehearsed on many of the FAQ that have come from the citizenry. Even still, masking my own beliefs and favor for the bond issue is very difficult at times. Going over the legislation, and overtly planning the list of never-say's would be a very good idea for our team. I plan to suggest it promptly. You have given my organization a lot to think about as we prepare for public information meetings, and ultimately a bond election in November. Thank you.
ReplyDeleteL. Morgan TSU
The Superintendent can provide factual information on the bond. Since the Superintendent is a member of the school board, he/she should not be involved in any Political Action Committee. The Superintendent can make the community aware of the date and time to go vote, but cannot advocate voting yes or no. During the planning time work closely with the school's public relations to get the factual information disseminated to the public, e.g. via newspaper, radio, television and school website.
ReplyDeleteA. Agunbiade (Tarleton State University)
In a previous position, I served as the manager of media relations for a university. No matter what the issue at hand, when you are speaking about such matters, it's best to stick to the facts. When you start giving your opinion, that can easily be misconstrued as you speaking on behalf of the school. People, especially the media, will try to get an official to speak in a way that gives their opinion, but then attributes it back as if that was the opinion of the school district. It's often hard to hide your personal feelings, but every effort to do so should be made so that it doesn't lead to potential lawsuits or misinformation being disseminated.
ReplyDeleteC. Andrew (Tarleton State University)
I agree it is best to stick to the facts and not allow personal affiliations or political agendas to get in the way. Sadly, however, it seems the higher the official (whether superintendent or board members), the more likely it is that personal agendas supercede the right thing happening without undue pressures to meet those personal agendas.
ReplyDeleteMichelle Schwalls
Tarleton State
I agree that the Superintendent must present only factual information - that is clear based on the Texas Education Code. I also think as the top adminstrator in the district, whether or not it is permissable, it would be highly innapropriate for him to be a part of the PAC - I think that being a part of the PAC and speaking out in favor of or against a bond election would be tantamount to the same thing. In cases where something you say could get you into legal trouble, it is best to steer clear of anything associated with the topic. Jerry Racioppi - TSU
ReplyDeleteQuestion #3 In regards to answering questions on how you as the superintendent feel about the bond election should be the truth as well as factual but I know you indeed have to be cautious of what and how you say things. Some people in your audience could read into your answer more than is needed and accuse you of making a false statement.
ReplyDeleteAlthough I understand the point of the restrictions outlined in this law, I have seen first hand how difficult it is for a superintendent or school board member to "sell" their bond issue to the public without using some qualitative language. Quantitative information is certainly the most important, but sometimes those facts mean nothing to folks outside the educational realm. Because of that, superintendents and board members find it necessary to explain what the facts mean in terms of educational needs. In doing so, information being presented might become subjective in nature rather than objective.
ReplyDeleteI'm curious about what the law stipulates for other administrators and teachers of a school district trying to pass a bond? Are they held to the same expectations of factual information only or are they allowed to give their opinions on the matter if asked?
Ashley Stewart - TSU
Training would be necessary for both the superintendent and the school board members. It would be difficult to stay neutral and only sighting facts when you may be highly opposed or supportive of the issue. As an educator, you should have strong opinions when it comes to issues that may affect your work environments, future students, your career development, your community etc.
ReplyDeleteBut as a superintendent (and school board member) it is important to understand you represent those who support, oppose, neutral, and ambiguous.
R. Hall
Tarleton State U.
It is interesting to me that you would need to not asset any opinion towards the outcome of the bond election. I guess it makes sense that as an administrator you represent a number of people that might have different feelings about the bond matter. Given how passionate one might be about the bond issue, I would imagine it is difficult to stay neutral throughout the entire process.
ReplyDeleteM Nelson (TSU)