Date: January 2007
Last fall, the Chino Valley Unified School District agreed to settle a claim brought by the state’s Fair Political Practices Commission and pay a $3,500 fine relating to the district’s mailing of a newsletter that featured the pictures and signatures of the board of education. The newsletter was sent to 50,000 district residents at a cost of $8,612. The sending of the newsletter violated a section of the Political Reform Act that prohibits “mass mailings at public expense.”
The following advisory outlines the law and some of the key issues regarding mass mailings at public expense. The advisory does not cover mass mailings sent by candidates for public office, election committees or slate mailers.
It is important to note that this law is very complex, with complicated definitions and numerous exceptions. Additional rules from local city ethics commissions or provisions of a city charter may also be applicable in certain jurisdictions. Because the analysis of whether a particular mailing is legal is very fact-specific, governance teams are strongly encouraged to consult with district legal counsel when questions arise. In addition, the FPPC provides free informal advice at 866-ASK-FPPC.
What is the law regarding mass mailings?
The goal of the law is to avoid preferential treatment of incumbents and to prohibit the advancement of the image of elected officials at public expense. Pursuant to Government Code §89001 and 2 CCR §18901, a mass mailing at public expense is prohibited if all of the following four criteria are present:
- The item is to be delivered, by any means, to the recipient at his/her residence, place of employment, business or post office box. The item may be any tangible item such as a videotape, button, or written document.
- The item features an elected official affiliated with the agency producing or sending the mailing.
- Any of the costs of distributing the item are paid for with public monies or the costs of design, production and printing exceed $50 and are paid with public monies. This prohibition applies even if only part of the mailing is paid for with public funds.
- More than 200 substantially similar items are sent in a single calendar month, excluding unsolicited requests.
How does the law define “features an elected official”?
According to the law, an item features an elected official when the mailed item includes the elected official’s signature or photograph or singles out the elected official by the display or layout of the document, such as emphasizing through a headline, caption, type size or type color.
The mailing must be prepared or sent in cooperation, consultation, or coordination with the elected official. Thus, if the mailing is sent out by district staff or a third party, completely independent of the board member, then the elected official’s name may appear in the mailing. However, the board member’s name may not be singled out and a signature may not be included.
What are some of the exceptions to the prohibition on mass mailings?
In general, a board member’s name may be used on the following types of materials:
- Letterhead, roster listing, directory or business card, though a signature may not be used
- Websites and e-mails
- Press releases
- Communications sent to employees in the ordinary course of business
- Yearbooks
- Meeting notices and agendas
- Announcement of official district events in which the district is providing the use of facilities or staff
Two other exceptions exist:
- Essential program mailings. An “essential program mailing” is an item sent by the district that is necessary for administering a government program. The mailed item may not include the elected official’s photograph, and the use of the official’s name or signature must be necessary to the functioning of the program. An example of an “essential program mailing” could be a letter asking parents to complete a required survey or to return a necessary form.
- Unsolicited requests. An “unsolicited request” includes subscriptions to newspapers or other periodicals published by persons other than the elected official and includes advertisements in newspapers. However, newsletters delivered free to district residents, without subscription, do not fall into this exception, and thus must meet the requirements listed above.
What types of mailings are prohibited?
The FPPC found the following items were prohibited.
- Board members signing articles appearing in a newsletter with over 200 copies sent to district parents.
- More than 200 brochures sent to district residents containing a letter from the board’s chair.
- Newsletter highlighting each board meeting with photographs, with more than 200 copies sent to district residents in a single calendar month.
How is this law enforced?
The FPPC can assess administrative fines and penalties for violation of the act. The district attorney and the state attorney general may prosecute violators as civil or criminal matters. Violators may also be removed from office pursuant to Government Code Section 3060.
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