Judge fines D-11 for campaign flier

A judge has fined Colorado Springs School District 11 $1,000 for violating a campaign finance law that bans using public money to urge voters to approve a ballot measure.
The case concerns a mailer sent to voters in September that discussed a ballot measure to increase the district's property tax rate. The mailer included information about how the district planned to use the $21.5 million in new taxes that would have been raised had Question 3E passed on the Nov. 4 ballot. The measure failed with 56 percent of voters saying "no."
Administrative Law Judge Robert Spencer ruled Wednesday the mailer violated Colorado's Fair Campaign Practices Act.
"The district's favorable presentation of the (mill levy override) as a method to meet its goals was an unmistakable plea for support for the ballot issue then pending before the electorate," Spencer wrote.
District 11 spent $11,063 to prepare, print and mail the flier.
Tax-reduction crusader Douglas Bruce filed a complaint against the district after he received the mailer at his house. Bruce said Thursday he was pleased with the ruling but felt the fine should have been higher.
"It was a fraudulent, blatantly illegal activity, and they deserve to be criticized for it and fined even more than they were," he said.
Spencer said he kept the fine low because district employees didn't deliberately violate the law and because the district is "already under financial stress."
The mailer was one of three District 11 sent as part of a program officials said was designed to boost the district's image. It was the only one, though, that mentioned the proposed property tax increase. District spokeswoman Elaine Naleski said during hearings in the case she tried to ensure the mailer complied with the law by removing words from a draft version that said: "We cannot do this alone. So we are coming to you for help."
In addition, District 11 Chief Financial Officer Glenn Gustafson distributed a document to district employees explaining rules that govern working on a tax campaign.
Gustafson said Thursday he views the ruling as a narrow interpretation of the law but doesn't intend to appeal. That decision would be up to the district's seven-member board.
"We apologize for misconstruing the law, and we're sorry it came out this way," he said. "We'll use this information. I think this give us much better guidance on future elections as to materials we prepare."
Gustafson said legal fees to defend the district were about $50,000.
Bruce has filed numerous complaints over the years about alleged violations of campaign finance laws. He has a mixed record. A complaint against state House District 15 candidate Mark Waller was successful when a judge found Waller accepted an improper donation from a corporation. Waller ousted Bruce from the House District 15 seat in the August Republican primary election. Bruce also alleged Memorial Health System made an illegal contribution to a campaign to raise El Paso County's sales tax rate, but that complaint was thrown out.
Gustafson said a similar complaint from Bruce was tossed in 2004, and Bruce was ordered to pay $1,000. The district's legal fees in that case were about $60,000.