07-09-2009 Charter Packet - Laserfiche WebLink

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In 2005, the MVfmnesota State Auditor's Office was asked to opine on the design and distribution of a flyer by a charted commission. The Auditor, citing to the Attorney General's opinion, stated that the charter commission lacked authority to produce and distribute an educational flyer. The Auditor stated that a charter commission has a narrowly limited statutory purpose. That purpose is to draft and present the charter or any amendments to the city. INFORMATIONAL MATERIAL VS. ADVOCACY As previously noted, unldce public entities charged with management and control of public assets, the charter commission has no express or implied authority to create communication, flyers or lawn signs. Notwithstanding the issue of authority, no public entity, including a charter commission, may advocate for the passage or defeat of a local ballot question. While every action of the charter commission must be legislatively supported, such actions must also have a proper public purpose. The Minnesota State Attorney General's office and the Minnesota State Auditor's office have each authored opinions that there is no public purpose for a public entity to take a position on a ballot question. Additionally, each office has clearly asserted that public funds maybe not be used to advocate for the adoption or rejection of any ballot question and by extension local government units may not give money to an organization to advocate or campaign for or against a ballot question. The conduct of a campaign by governmental entities before an election for the purpose of influencing the voters is not the exercise of any legitimately proper legislative power. Public funds may not be used in support of only one side of any election issue. Any such activity is beyond the role of govemment "Vote No to rF.FP Your RIGHTS Vote yes to give them up." There can be no clearer example of advocacy literature that fits the prohibition articulated by the Minnesota State Attorney General's office and the Minnesota State Auditor's office. Similarly, while less discerning than the direct language found in the flyer, the lawn signs coupled with the Web Site2 clearly contain prohibited advocacy. FAIR CAMPAIGN PRACTICES Under Chapter 211B of the Minnesota Statutes — Fair Campaign.Practice, political purposes is defined as -"an act intended or done to influence, directly or indirectly, voting in a primary or other election." Minn. Stat §211B.09 states that an employee or official of the state or of a political subdivision may not use official authority or influence to compel a person to apply for membership and/or become a member of a political organization, to pay or promise to pay a political contribution, or to take part in a political activity. In her Statement of Position made in 2008, the Minnesota State Auditor refected to these statutes while noting that Minnesota's Campaign Practices law appears to prohibit public officers and employees from approving the 2 We note that the Web site contains a statement that the Web site is 100% paid for through vohmteer contributions by members of the Lino Lakes Charter Commission. However, there can be no doubt that the Web Site belongs to the Commission as evidenced by the style, title, use of the Commission's name, and more importantly through the copyrit'ght in the namz of rtan. 4