ELECTIONEERING PROHIBITIONS:

The Board may not use state or local funds or other resources of the District to electioneer for or against any candidate, measure, or political party.  Education Code 11.169

No officer or employee of the District shall knowingly expend or authorize the expenditure of District funds for the purpose of political advertising.  Funds may be expended, however, for advertising that describes the factual reasons for a measure and does not advocate the passage or defeat of such measure.

No officer or employee of the District shall spend or authorize the expenditure of District funds for a communication describing a measure if the communication contains information that:

1.        The officer or employee knows is false; and

2.        Is sufficiently substantial and important as to be reasonably likely to influence a voter to vote for or against the measure.

It is an affirmative defense that the officer or employee reasonably relied on a court order, or an interpretation in a written opinion issued by a court of record, the attorney general, or the Ethics Commission.

On written request of the District that has ordered an election on a measure, the Ethics Commission shall prepare an advance written advisory opinion as to whether a particular communication relating to a measure complies with the section.

Election Code 255.003  [See CPAB]

0.A newsletter of a public officer of the District is not political advertising if:

1.        It includes no more than two pictures of a public officer per page and if the total amount of area covered by the pictures is no more than 20 percent of the page on which the pictures appear;

2.        It includes no more than eight personally phrased references on a page that is 8 1/2" x 11” or larger, with a reasonable reduction in the number of such personally phrased references in pages smaller than 8 1/2" x 11”; and

3.        When viewed as a whole and in the proper context:

a.       Is informational rather than self promotional;

b.       Does not advocate passage or defeat of a measure; and

c.       Does not support or oppose a candidate for nomination or election to a public office or office of political party, a political party, or a public officer.

1 TAC 26.2

A candidate shall not take affirmative action to influence a District employee or current Trustee regarding the appointment, reappointment, employment, confirmation, reemployment, change in status, compensation, or dismissal of a person related to the candidate within a prohibited degree of relationship under the nepotism law.  [See DBE(EXHIBIT)]  However, this prohibition does not apply to a candidate’s actions taken with respect to a bona fide class or category of employees or prospective employees.  Gov’t Code 573.042