- It is illegal for one of our employees to advocate for or against the bond election during working hours or using school resources.
- Penalties for this could be a $4,000 fine or a year in jail.
On Feb. 13, the Northwest ISD Board of Trustees voted to call an election for a $399 million bond package. Whether you support or oppose the bond election, you may be wondering how to get involved in the political process. All employees should know that district resources may not be used for "political advertising." District employees may not engage in political advertising during working hours or using school resources. If a school employee uses district resources to advocate for or against the bond election, he could wind up in jail. Employees can advocate for either side "on their own time" and "on their own dime."
Texas Election Code 255.003 states, "An officer or employee of a political subdivision may not knowingly spend . . . public funds for political advertising." Violating Section 255.003 is a Class A misdemeanor, punishable by a fine of up to $4,000, a jail term of up to one year, or both a fine and jail time. The Texas Ethics Commission oversees compliance with this law, and it interprets "political advertising" and "public funds" broadly.
What is political advertising?
Political advertising is a communication that advocates for a particular outcome in an election. In this case, it encourages people to vote for or against the bond election. It goes beyond obvious statements, such as "Vote Yes" or "Vote No." It also includes slogans and subtle messages, such as "Support our students;" "Do what's best for our kids;" "Keep taxes down;" or "Our students deserve top-notch schools."
Political advertising is not just formal campaign signs and advertisements. Less formal communications are considered political advertising, if the message supports or opposes a ballot measure. Political advertising occurs in emails, Twitter posts, Facebook pages, speeches, phone calls, flyers, and other forms of communication.
When are public funds used?
District funds may not be used for political advertising. Most people would understand that this prohibits the district from writing checks to buy signs and TV ads. However, the Ethics Commission interprets this law to prohibit actions where most people would not initially think school funds are being spent. For example, these kinds of actions may violate Section 255.003, if the messages communicated are political advertising:
- Sending emails from a district email account or district server;
- Posting slogans on district web sites;
- Posting messages on a campus Facebook page telling people to support the bond election;
- Printing flyers on surplus paper in a campus storeroom;
- Sending flyers home in students' take-home folders;
- Having students make campaign signs as a class project or school-sponsored contest;
- Designing signs after school using a district-owned computer;
- Hosting rallies at campuses and district facilities; or
- A drama teacher giving a speech before a school play, telling people to vote for the bond.
You wouldn't need a purchase order to engage in these activities, so you might not think these activities involve district funds. However, the Ethics Commission would likely conclude that these actions violate the law because school funds would be used, directly or indirectly. School funds would be used to pay the salary of the assistant principal who maintains the campus Facebook page, the teacher who judges the sign contest, the aide who puts flyers in the take-home folder, and the drama teacher who gives the speech. If a rally is hosted on campus, school funds pay the electricity bill for that event, as well as hours worked by the administrator who stays late to supervise the event and the custodian who cleans the building.
Any use of school employee time to advocate for or against the election violates the law. The Ethics Commission has taken a hard line on this point. The Ethics Commission determined that a teacher and secretary broke the law when they created a campaign flyer in the school computer lab and
copied it on the school's copier, even though they did the work before school and reimbursed the school for the costs. The Commission also determined that it would be a violation for an employee to put campaign flyers in the teacher's lounge.
Not restricted: Purely factual information
District resources can be used to communicate purely factual information about the bond election, such as election dates, times, and polling locations; the amount of the bond; data about district growth and projected enrollment; and factual information about the projects for which the bond funds will be used. This kind of information does not advocate for or against the bond and is not considered to be political advertising. The Communications Department has developed a website that contains a wealth of purely factual information, online at
www.nisdtxbond.org
.
When can an employee support or oppose the bond election?
District employees do have First Amendment free speech rights and can engage in the political process in their free time. For example, school employees may:
- Join a political action committee and participate in campaign events outside of work;
- Post messages on a personal Facebook or Twitter account after working hours;
- Post yard signs at home;
- Put bumper stickers on a personal vehicle;
- Wear campaign t-shirts and buttons in their free time; or
- Send emails advocating for or against the bond from a private email address.
School employees must be careful not to engage in political advertising during working hours. When an employee is on the clock, district funds are paying for his time.
The Ethics Commission's interpretation of this law is much broader than most people might expect. District employees should be careful to ensure that district time and resources are not used for advocacy. Taking a conservative approach will ensure that you comply with the law and avoid criminal penalties.
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