ELA update: Guidelines for lobbying

Over the last month, board members and superintendents have been hard at work informing the public about the devastating effects of Gov. Arnold Schwarzenegger’s proposed budget cuts. Such advocacy efforts, however, are subject to certain legal parameters, and school districts and county offices of education are encouraged to understand the legal issues so as to avoid any charges of inappropriate political activity.
Lobbying
• A district or COE may lobby legislators and governmental agencies in connection with legislation affecting the district or COE, such as the proposed state budget, and may contribute funds to associations to lobby on its behalf.
• Public funds may not be used to urge the public to lobby on behalf of the district or COE.
Resolutions
• A board may adopt a resolution opposing or supporting a legislative proposal at a regularly scheduled, open meeting at which the public is permitted to express its views.
• The fact that a resolution has been adopted should not be included in informational material about the proposal distributed by the district or COE.
• A district or COE may publicize its adoption of a resolution through regularly incurred expenditures, such as the costs of televising board meetings. This is permissible because the expenditures are not undertaken for the purpose of influencing voters. A district or COE’s normal expenditures on informational materials, such as a regular press release, would be acceptable provided that the information is presented in a neutral fashion and does not urge residents to support or oppose a particular position.
• Beyond regularly incurred expenses, a district or COE may not otherwise use public funds to publicize its adoption of a resolution. Thus, a district or COE may not use public funds to hold a press conference regarding its position, issue a special press release or include a copy of its resolution in a mailer to residents.

Actions of employees and board members
• Board members and district or COE employees may engage in political activity, such as writing an op-ed or letter to the editor, as private citizens, as long as the activity does not involve the use of public funds. When doing so, board members and employees should make it clear they are acting on their own initiative and on their own time.
• During working hours, an administrator invited to attend a citizens group meeting to explain the district or COE’s position may not urge the group to lobby for or against the proposal.

Providing information to the public
• A district or COE may use public funds to objectively analyze the impact of a proposal and to provide such information to the public.
• A district or COE may hold a town hall meeting or otherwise disseminate information regarding a legislative proposal as long as it provides the public with a “fair presentation of relevant information.” Public funds may not be used to purchase such items as bumper stickers, posters, advertising floats or television and radio spots.
• Newsletters or other mass mailings featuring elected officials or their position on legislative proposals may not be sent at public expense. For more information regarding mass mailings, see our ELA update: Mass mailings at public expense.
 Use of district facilities
• A district or COE may make a school forum available to the public as long as the forum is made available to all sides on an equitable basis.