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CA: DA says campaign e-mails don't violate education law
ap on Bakersfield Californian ^ | 10/24/05 | ap - Los Angeles

Posted on 10/24/2005 7:30:46 PM PDT by NormsRevenge

SACRAMENTO (AP) - E-mails sent to teachers and other school district employees as part of the Nov. 8 election campaign don't violate state education law, a district attorney has concluded.

The California Teachers Association is asking district attorneys in several California counties to investigate the e-mails, sent by the Yes on 75 campaign earlier this month to more than 90,000 school district employees statewide.

Sacramento County District Attorney Jan Scully said the message wasn't a violation of the ban on using publicly funded resources for political purposes, even though it appealed to employees to vote for Proposition 75. That measure would require unions to ask workers each year for permission before spending their dues for politics.

"The school districts computers, Internet connection and e-mail software does not incur any added cost from having received the e-mails in question," Scully wrote in a letter to CTA attorney Beverly Tucker.

The CTA contended the e-mails, attributed to two teachers, violated a section of the education law that bans the use of school district resources or equipment for "urging the support or defeat of any ballot measure or candidate."

But Scully said the union was interpreting the law too broadly.

"Were the statute interpreted the way CTA advocates, delivery of U.S. mail to a school employee at a school, on a current political campaign, would violate the statute if school employees took the mail from the postman and placed it into the inbox of the addressee," Scully wrote.

Scully, president of the California District Attorneys Association, on Monday endorsed Gov. Arnold Schwarzenegger's Propositions 76 and 77 on behalf of the association.

Those measures would give the governor broad new controls over state spending and take away the Legislature's power to draw legislative and congressional districts.

The CTA said it was continuing to send letters to district attorneys this week. The Alameda County district attorney's office is still reviewing the complaint it received, Deputy District Attorney Trevor White said.

CTA spokeswoman Becky Zoglman said Scully's decision was only the opinion of one prosecutor, and others were continuing to investigate.

"It's certainly from our opinion a clear violation of the education law. If nothing else, it's a blatant disrespect of the teachers in the classroom and the intent of the law," Zoglman said.


TOPICS: Politics/Elections; US: California
KEYWORDS: california; campaign; educationlaw; emails; violate

1 posted on 10/24/2005 7:30:48 PM PDT by NormsRevenge
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To: NormsRevenge
Yet, when I was in CA public school, my teachers routinely urged us to (especially on bond issues) exhort our parents to vote for the NEA/PTA position...after carefully directed class discussion of 'both sides' of the issue.

Of course, that was way back in the Stoned Age; naturally, that would never happen now.

2 posted on 10/24/2005 8:08:48 PM PDT by ApplegateRanch (Mohamophages of the world, unite!)
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To: ApplegateRanch

"in the Stoned Age"

The 60s, right?


3 posted on 10/24/2005 8:26:19 PM PDT by hsalaw
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To: NormsRevenge

"Sacramento County District Attorney Jan Scully said the message wasn't a violation of the ban on using publicly funded resources for political purposes, even though it appealed to employees to vote for Proposition 75."

And yet ANOTHER idiot judge who has no brain makes another insidious foolish ruling. When will it end?!?!?!


4 posted on 10/24/2005 8:29:06 PM PDT by DennisR (Look around - there are countless observable clues of God's existence)
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To: hsalaw

Yep. Class of 64.


5 posted on 10/24/2005 8:30:17 PM PDT by ApplegateRanch (Mohamophages of the world, unite!)
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To: Rabid Dog

"The CTA contended the e-mails, attributed to two teachers, violated a section of the education law that bans the use of school district resources or equipment for 'urging the support or defeat of any ballot measure or candidate.'"

They should refrain from doing so themselves if they think this is against a section of the education law! What hypocrits!


6 posted on 10/24/2005 9:52:51 PM PDT by Snapping Turtle (Slow down and get a grip!)
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