Monroe School District: Alleged violation of RCW 42.17A.555 for using the facilities of the school district to support the November 8, 2022 general election Maintenance and Operations levy (EY22; Oct22)

Case

#113086

Respondent

Monroe School District

Complainant

Debra Kolrud

Description

PDC staff reviewed the allegations listed in the complaint and exhibit; the applicable statutes, rules and PDC Interpretation #01-03: the Guidelines for School Districts in Election Campaigns; and the response submitted by Dr. Marci Larsen, Superintendent of the Monroe School District.

Based on staff’s review, we found the following:

Pursuant to RCW 42.17A.555 no public facilities can be used by or authorized to be used directly or indirectly by any local elected or appointed official or public employee, to support or oppose any candidate or ballot proposition.
The complaint provided a copy of the Facebook cover photo used on the Monroe School District’s official Facebook page that shows the use of the checked box graphic in conjunction with the words “School Program & Operations Levy Renewal November 8.” The cover photo was updated on October 3, 2022.
Staff reviewed the cover photo as well as other current and historic graphics used on the school district’s Facebook page and found that overall, the use of the checked box graphic is consistently used as a generic voting symbol. Dr. Larsen provided evidence that the checked mark box has been used in prior levy election materials posted to the Facebook page as well as in “posts reminding people to vote during election cycles that we do not have a bond or levy on the ballot.”
Staff also reviewed current content of posts related to the November levy and the materials are a fair objective presentation of the facts concerning why the levy is needed.

In that it is the normal and regular conduct of a school district to prepare and distribute information to the public, “to explain the instructional program, operation and maintenance of the schools of the district” the posting of these materials to the school district’s Facebook page is an allowable action per WAC 390-05-271 and .273. Based on our findings, no evidence supports a finding of a violation that warrants further investigation.

However, PDC staff has provided a reminder to the Monroe School District officials that election-related information be in accordance with the statutes, rules, and PDC Guidelines for School Districts in Election Campaigns, Interpretation 01-03. Interpretation 01-03 and PDC fact sheets provide guidance regarding the use of terms such as “critical” and the inclusion of iconography.

The PDC finds that no further action is warranted and has dismissed this matter in accordance with RCW 42.17A.755(1).

Disposition

Case Closed with Reminder

Date Opened

October 12, 2022

Areas of Law

RCW 42.17A.555