Bruce: D-11 flier broke state's fair campaign law

Douglas Bruce has accused Colorado Springs School District 11 and its seven school board members of violating the state's campaign law by using district money to mail a flier outlining the goals of a proposed tax increase.

The full-color flier, received by households in the district last week, is a "flagrant violation" of Colorado's Fair Campaign Practices Act, said Bruce, the author of Colorado's Taxpayer Bill of Rights, or TABOR, which says taxes can't be raised without a public vote.

The campaign act prohibits the use of public money and public resources to advocate for or against issues or candidates. There are some exceptions, but Bruce said the mailing doesn't meet any of them.

The Colorado Secretary of State's office confirmed Tuesday that Bruce's complaint was received and is under review.

He said he named the board members as defendants because they each signed the flier. Board members are allowed to state their opinions and issue position statements on official letterhead as long as they don't spend more than $50.

Bruce said even if board members pooled the maximum allowance, that $350 would not be enough to pay for the flier. He is asking the state to require the board members to reimburse the cost to the district.

D-11 spokeswoman Elaine Naleski said that she didn't know how much the one-page flier cost to produce and mail, but that it was one of three marketing pieces produced by Janis Hahn for the district. The first two reported on test scores and district goals and the third was intended to let district patrons know that the board had voted to seek a tax increase.

The board voted Aug. 27 to ask for $21.5 million for operating expenditures. In November, voters will decide whether to allow the district to exceed its mill levy cap.

The cost to homeowners would be $11.50 per month - $138 on the annual property tax bill - on a $200,000 home.

If approved, the money would be used for to, among other things, expand career and technical education offerings, raise salaries, purchase textbooks and expand tutoring.

"We did not feel that telling the public the board decided to go for a mill levy override was advocacy," Naleski said. "Is this advocacy or is this information?"

She said the complaint was referred to D-11's lawyer. She said she didn't know if the flier had been reviewed by the lawyer before it was mailed.

Bruce asked the state to require D-11 to disclose the cost of producing and mailing the flier, and said a hearing be scheduled promptly in Colorado Springs.

Board president Tami Hasling said the mailer was created to "inform the public of the board's action." She said surveys have shown that people don't believe they get enough information about the district, so the board thought it was important to let people know something would be on the November ballot.

"It doesn't advocate for people to vote or to support us or anything," she said.

Contact the Writer: 636-0251 or sue.mcmillin@gazette.com