St. Joseph tax levy opponent files ethics complaint against school district
November 2, 2017
By Johnny Kampis
Editor's note: This is the fourth part of a series of stories that Ballotpedia is publishing regarding the St. Joseph School District and its property tax levy. Click here, here, and here for the first three installments. This article was updated multiple times on November 3 following a series of statements from the Missouri Secretary of State and the St. Joseph School District regarding the complaint and news that a judge would consider Green's lawsuit against the district on November 6.
The treasurer of the committee formed to fight against Proposition 1, the St. Joseph School District property tax levy on the November 7 ballot, filed complaints with the Missouri Ethics Commission and Missouri Secretary of State on November 1 arguing that the school district misused taxpayer money to promote the levy.
The complaint is embedded below:
Chris Green, a former teacher in St. Joseph schools who serves as the treasurer of Supporters of a Better SJSD, argues the district violated a Missouri law that prohibits the use of taxpayer money to support the passage of a ballot measure.
The district mailed fliers about Proposition 1 to all registered voters in the area. The flier does not directly ask residents to vote in favor of the levy, but it does list the benefits of the increased revenue for the school district. Green's complaint also mentions television advertisements and sponsored Facebook posts—which are paid advertisements—originating from the St. Joseph School District.
Green said in his ethics complaint that the ads make political arguments, such as that Proposition 1 is “a fiscally responsible solution” and “will keep our schools and community strong.”
“As a taxpayer and former teacher, I find it extremely troubling that a district which is deficit spending is illegally using taxpayers’ dollars to advocate for the passage of this tax,” Green said in a statement announcing the complaint.
On November 2, Missouri Secretary of State Jay Ashcroft (R) issued a press release stating that he had referred the complaint to Missouri Attorney General Josh Hawley (R) for review. In the press release, he stated, "We are thankful this matter has been brought to our attention. Government should strive for full transparency and accountability, and taxpayer dollars must be spent wisely no matter the level of government."[1]
The St. Joseph School District issued a response to the complaint and to Ashcroft's announcement. The response is embedded below:
In its statement, the district argued, "The District vigorously denies violating any laws. Missouri law clearly allows the District to advise the public as to the impact of a ballot measure, and explain how tax dollars will be spent. This is the very definition of transparency. Unfortunately, Secretary Ashcroft has not himself followed Missouri law, according to the school district’s legal counsel. Missouri statutes are clear about the process Secretary Ashcroft must follow, but he has failed to do so. He is authorized to refer a complaint to the local prosecuting attorney, not the Attorney General, and then only after he has conducted an investigation and issued a statement of probable cause."
Secretary of State Ashcroft issued a second statement following the school district's response to his original statement. He said, "Based on our preliminary investigation, we have found several probable violations of multiple statutes, which include potential public corruption and the use of public taxpayer dollars for political issues. We will continue to investigate with the intent of making public all information possible before election on Tuesday. In addition, we will be sharing our findings of potential criminal activity to the local prosecutor, the Attorney General’s office, and the U.S. Attorney for the western district for determination of further action."[2]
Green also responded to the district and said, "The school district will stop at nothing to distract voters and attack anyone who disagrees with them. They're now using official resources to attack elected officials and private companies who dare to oppose the largest tax increase in St. Joseph history with no sunset." On November 6, a judge is scheduled to consider Green's lawsuit. If Green is successful, an injunction may be filed against the district to halt spending related to the Proposition 1 campaign.
The district has used its reserves to prop up a $135 million budget and has cut a $40 million savings cushion in half. This led to the initiative placed on the November 7 ballot, which would increase the district's property tax levy by $1.15 per $100 in assessed value.
“The school district is using taxpayer money to try to pass the largest tax increase in district history,” Green said. “It appears to me that district officials are willing to cross any line to get the money they want, even if it means using corrupt tactics.”
Green also alleged that the school district mailers do not contain “paid for by” declarations, which are required of printed materials related to a ballot measure. Since the ads do not specifically ask for a “yes” vote on the proposition, it would be up to the ethics commission to determine if the statements on the mailers constitute political arguments. The website for the pro-levy Committee to Move St. Joseph Forward also does not contain a "paid for by" declaration, although the website for the anti-levy website for Supporters of a Better SJSD does.
James Klahr, executive director of the Missouri Ethics Commission, told Ballotpedia that he could not confirm if the commission had received a complaint from Green, but he did address the “paid for by” issue. He said, “Generally speaking, if something goes out in support of a ballot measure a ‘paid for by’ disclaimer should be included.” Klahr added that while that applies specifically to printed materials, the commission advises people to put the same disclaimer on online material, as well, since someone could print it out and circulate it.
In 2009, the St. Joseph School District ran afoul of the ethics commission after it found that Steve Huff, then-assistant to the superintendent, used a district fax machine to send a news release from a campaign committee advocating for the passage of bond and tax levies to four media outlets, with Huff listed as the campaign spokesperson.
At that time, the commission ruled that the use of district equipment and supplies constituted the expenditure of public funds on a ballot issue and issued a letter of reprimand. The summary can be viewed on Page 5 of this document.
Johnny Kampis is an investigative reporter who has recently worked for the Taxpayers Protection Alliance Foundation and Watchdog.org. Over the course of his nearly 20 years in journalism, he has been published in such outlets as the New York Times, Time, Fox News and Daily Caller.
See also
Footnotes
| |||||
