04-09-2009 Charter Packet - Laserfiche WebLink

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educational levy referendum.5 Publications meant solely to inform the public of financial conditions and the potential effects of the passage or failure of a ballot question or levy referendum may be published and distributed by school districts.6 These publications must not promote a vote for or against the issue. However, the ban on spending public funds to promote one side of a ballot issues is not absolute. In a 2006 letter, the Minnesota Attorney General recognized that there are circumstances where a state action or proposal could have such a "direct and substantial effect" on the interests of a local government entity that the entity would have a "legally recognizable interest in promoting or protecting its interests." If a "legally recognizable interest" exists, the public entity could spend public funds to protect or promote its interests, even by financially supporting one side of a ballot issue. The Attorney General cautioned, however, that previous Attorney General opinions have concluded that public funds cannot be spent for advocacy where the proposed measures' effect would be "only indirect and in common with the public at large." The border between "direct and substantial" and "indirect and in common with the public at large" is often difficult to discern. The Office of the State Auditor recommends that, before spending public funds to advocate a ballot issue, a local government entity seek legal advice. Finally, elected officials may appear before citizens to orally advocate for a particular position so long as no expenditure of public funds is involved.8 More information on school board referenda can be found on the Minnesota School Boards Association website at: http://www.mnmsba.org/Public/MSBA Docs/SchoolBdsRefBrochure.pdf?CFID=133859 1 &CFTOKEN=36562726. 5 Id. 6 Id. Id. 8 Id. Reviewed: July 2008 Revised: July 2008 2008-1001