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School District May Have Crossed Legal Line in Tax Request
Michigan Capitol Confidential ^ | 11/11/2014 | Tom Gantert

Posted on 11/14/2014 6:22:55 AM PST by MichCapCon

An email blast sent Nov. 3 from the superintendent in Pinckney Community Schools using school mailing lists stated the district was “asking voters to renew” a multi-million millage raises questions whether the district crossed the line and violated state campaign finance law.

The email, sent by superintendent Rick Todd to parents, employees and school board members, states: “For Pinckney Community Schools, we are asking voters to renew a 6-year Non-Homestead Millage of 18 Mils.” The six-year millage passed last night and will raise about $3.7 million a year for the school district, which is located in Livingston County.

Bob LaBrant, who served as general counsel for the Michigan Chamber of Commerce and is an expert on election laws, said it sounded like the email was “express advocacy,” something not allowed under state campaign finance law.

“Renew is like, ‘Vote yes,’ isn’t it?” LaBrant said. “The Secretary of State may not view it the same way.”

Eric Doster, general counsel for the state Republican Party, said the email was a close call “since this could be interpreted as restating the question.”

Superintendent Todd did not respond to requests for comment.

Paul Samways ran as a write-in candidate for the Pinckney School Board. He thought the advocacy crossed the line.

"I appreciate the fact that Pinckney Schools needs that money, but we should do it the right way," said Samways, who lost his race last night. "And if you look at the final results, it was unnecessary."

Paul Samways, write-in.

The Secretary of State has said schools may “communicate with voters, so long as the communication does not contain such words as ‘vote for,’ ‘vote against,’ ‘support,’ ‘oppose,’ or other words of express advocacy.”

Districts, however, have found ways to encourage voters to vote “yes” and avoid using “words of express advocacy” in the past.

For example, in 2006 the Galesburg-August School District stated in a newsletter that “voters can vote yes for one, two or three (bond) proposals.” The state ruled that was a statement of fact and not a violation of the law.

In 2012, Traverse City Area Public Schools was found guilty of expressed advocacy for a bond after Michigan Capitol Confidential reported on a brochure sent out by the district that said, "Traverse City Area Public Schools is asking voters to support the continuation of TCAPS' long-term capital infrastructure improvement plan by authorizing a bond proposal on November 6, 2012."


TOPICS: Education
KEYWORDS: education; elections; michigan; schools
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1 posted on 11/14/2014 6:22:55 AM PST by MichCapCon
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To: MichCapCon

What, pray tell, is a millage?

Does it produce flour or cornmeal?


2 posted on 11/14/2014 6:29:26 AM PST by WayneS (Don't blame me, I voted for Kodos.)
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To: MichCapCon

When voters provide ANY tax concessions at all for ANY purpose for ANY time period, it automatically instills a self-perpetuating attitude among the recipients - in this case, schools, This axiom goes for ANY level of government.

Be it direct millage rate increases, special option local sales taxes - whatever, it becomes a tax in perpetuity. And they will fight with every breath to keep it so.

In my opinion, that superintendent should be summarily fired immediately. The court should issue a cease and desist for any school employee to engage in advocacy for the increase. The superintendent used email addresses gained in execution of his official duties for advocacy and he should be fired. Further, if he violated election law, he should be charged, tried and convicted and suffer the penalty the law dictates. Frigging bureaucrat.


3 posted on 11/14/2014 6:32:34 AM PST by Gaffer
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To: WayneS

It’s a multiple tax rate. Every town, city, county and state has this apparatus. As for production value? They are counting on a robust economy to reach their intended goal. A “bust” on the economy means the millage won’t help to reach it’s intended threshold, and therefore a shortage on funds.


4 posted on 11/14/2014 6:33:42 AM PST by pepsionice
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To: WayneS

Are you serious? Do you own a home and pay school taxes?


5 posted on 11/14/2014 6:34:03 AM PST by Gaffer
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To: WayneS
..just Boobs.

6 posted on 11/14/2014 6:38:29 AM PST by skinkinthegrass ( )
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To: Gaffer

We do not use the term “millage” in Virginia.

We do not even divide our taxes in to “school taxes” versus other taxes for support of government.

I am very sorry if that offends you somehow.


7 posted on 11/14/2014 6:42:21 AM PST by WayneS (Don't blame me, I voted for Kodos.)
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To: pepsionice

No, every town, city and state does not.

In fact, some states do not have real estate taxes, or property taxes.

And the Commonwealth of Virginia does not use the term “millage”.


8 posted on 11/14/2014 6:45:18 AM PST by WayneS (Don't blame me, I voted for Kodos.)
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To: MichCapCon

I will vote for additional school funding the moment they turn out any graduate who is not hopelessly ignorant, petulant and full of nonsense.


9 posted on 11/14/2014 6:45:30 AM PST by relictele (Principiis obsta & Finem respice - Resist The Beginnings & Consider The Ends)
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To: WayneS

Haha, no matter what you call it, the voters should say not only NO, but HELL NO!


10 posted on 11/14/2014 6:47:45 AM PST by SgtHooper (Anyone who remembers the 60's, wasn't there!)
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To: WayneS

Every town, city and state has some gimmick where they collect funding from someone.

Some cities in tourist-hot areas heavily tax rental cars picked up. Some counties rig up some special fee on parking on their public streets (like Arlington, VA). I’m very familiar with the Commonwealth’s method of heavy car tax/fees, and the Commonwealth’s state-liquor store operation with it’s hefty pricing scheme for booze.


11 posted on 11/14/2014 6:52:57 AM PST by pepsionice
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To: WayneS

I was not offended and did not mean to imply you were an idiot or something. If anything, I find it odd that Virginia doesn’t separate the two. There are people who rent, etc. that may not become aware of how property taxes are imputed in most places, that’s all.

I think millage rates and the like are one of the best ways for parent citizens to gauge how the education their child receives against what they have to pay in taxes and to make decisions about school boards, etc. from there. To my mind, lumping school costs in with direct ‘government’ taxes hides the true costs for both, and I tend to think of that as bad.


12 posted on 11/14/2014 6:53:43 AM PST by Gaffer
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Donate And Keep The Lights On


13 posted on 11/14/2014 6:55:36 AM PST by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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To: pepsionice

Okay.

But that was/is not at all related to what I was discussing.


14 posted on 11/14/2014 6:56:04 AM PST by WayneS (Don't blame me, I voted for Kodos.)
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To: WayneS

“What, pray tell, is a millage?”

An annoyingly vague way to convince people that it isn’t a tax hike.

The term should be abolished and replaced with hard numbers. How much money is being asked for, and how much of a tax hike will it be to you.


15 posted on 11/14/2014 6:59:36 AM PST by VanDeKoik
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To: Gaffer
We can compute what portion of the overall real estate tax rate (which in Virginia is expressed as $/$100 property value) is spent on the schools, and many (but not all) localities publish that information. However, in most localities within the state the tax rate is expressed as a single value on your tax bill, and one must do a bit of research to find out how the money is allocated.

It is essentially the same as a millage, apparently, but perhaps as a result of having lived in, and been taxed in, Virginia my entire life, I had never heard that term before.

16 posted on 11/14/2014 7:03:14 AM PST by WayneS (Don't blame me, I voted for Kodos.)
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To: SgtHooper

Agreed.


17 posted on 11/14/2014 7:04:15 AM PST by WayneS (Don't blame me, I voted for Kodos.)
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To: WayneS

Well, if you’re interested you can search for it. Or, you can just look on your property tax bill and see the school assessment right there on the bill. I ask you, which is better from a parent-with-children-being-educated standpoint?


18 posted on 11/14/2014 7:07:46 AM PST by Gaffer
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To: Gaffer

In my County, in Virginia, the school assessment is NOT on my tax bill.

How many different ways to I have to explain it to make you undrerstand that?


19 posted on 11/14/2014 7:10:22 AM PST by WayneS (Don't blame me, I voted for Kodos.)
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To: WayneS

I understood that from your answers and I answered thusly.

I remarked on your having to go find the rates published wherever and then go figure it out.

I understand your state prefers to lump all that property tax into a bill where they don’t tell you what it’s for and what the contributing components are. They do this to keep you uninformed, frankly.

My remark was mainly asking you which you thought better - where they EXPLAINED what the bill consisted of, or where they just lumped it all in hoping you didn’t have the intelligence to go find out what it all means.

There’s no need to misinterpret because you don’t understand what I’m getting at and get your panties in a bunch over this.


20 posted on 11/14/2014 7:14:25 AM PST by Gaffer
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