CMS Reviews Bond Boosting
By BRIAN GOTT - STAFF WRITER
After receiving a backlash of public criticism last week for using taxpayer-funded resources to market an aggressive school bonds promotional campaign, Charlotte-Mecklenburg Schools officials appear to have taken some preliminary steps to rein in its message.
Those steps, however, might not go far enough to prevent CMS from landing in hot water. A group of concerned citizens, including Mecklenburg Commissioner Dan Bishop, said this week they are considering legal action to prevent CMS from continuing any promotional efforts that would encourage people to vote for the bonds.
In particular, CMS has been using taxpayer-funded resources like the district’s CMS TV cable station, CMS email, signs, flyers, school personnel and staff time to highlight what district officials and bond proponents claim are the benefits the massive $427 million school bonds would provide.
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Bishop was referring to case law that prohibits governmental entities from taking a position and urging voters to vote one way or another on particular election issues. In a 2002 North Carolina Court of Appeals decision, a judge ruled in favor of a plaintiff who was suing the Town of Cary for conducting a “Growth Management and Education Outreach Campaign.†As a part of the campaign, town leaders conducted direct mail campaigns and media buys to “better inform the citizens about growth and management.â€
In that case, the judge ruled that governmental entities were allowed to conduct educational campaigns. However, “Where the advertising is designed to influence an election, it is impermissible,†the judge wrote.
The judge also ruled that some taxpayer-funded communications could cross the line even if they don’t specifically say “vote yes†or “vote no.â€
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