To: Arizona Attorney General From: Julie Smith Date: August 20, 2015 Subject: Violation of ARS 15-511 Gilbert Public Schools District and Unite for Education PAC Complaint; Request for AG Opinion: Parent Support Organizations of Schools and Application of ARS 15-511 I am filing a formal complaint of violation of ARS 15-511 Use of school district or charter school resources or employees to influence elections against the Gilbert Public Schools District (GPS) superintendent, Christina Kishimoto and the political action committee (PAC) Unite for Education AZ. Superintendent Kishimoto has been coordinating with the PAC Unite for Education AZ in an effort to influence the outcome of a GPS bond and maintenance and override (M & O) election scheduled for this fall as a mail-in only ballot. The theme of the Unite for Education AZ PAC campaign is, Yes, Yes for Gilbert Students, vote yes for the bond and vote yes for the M & O override. The kick-off to this campaign was titled, Help Gilbert Public Schools Stuff a Bus held on Friday, July 31 st and Saturday, August 1 st 2015. GPS advertised this event including on the district Facebook page, announcement at the July 28 th governing board meeting, and passing out of flyers at the governing board meeting. (Attachment #1) GPS used a district owned school bus, GPS bus driver to drive the bus to and from the collection site and district diesel gasoline in this effort to promote a YES vote on the bond and override measure. (Attachment #2) Unite for Education AZ PAC provided YES YES palm cards which not only recommends a position to vote for on the ballot measure but also solicits for donations and volunteers for the PAC. (Attachment #3) These palm cards were passed out at the Stuff the Bus campaign by a group of volunteers consisting of the GPS superintendent, GPS employees and parents coordinated through the Unite for Education AZ PAC and a Facebook page titled, GPS Employees Support Override/Bond. (Attachment #4) Images from the day of the event were advertised on the GPS
Superintendent s Twitter account. (Attachment #5) The Unite for Education AZ PAC coordinated the passing out of the same palm card (Attachment #3) at school educational functions Meet the Teacher/ Curriculum nights at elementary, junior and senior high schools that make up the 41 schools of the GPS district. (Attachment #6) These events happened over a series of evenings in a two week span of August 3 rd to August 13 th. Parents of students enrolled at specific school sites were invited to the schools for the evening to meet teachers and staff in order to learn about the educational goals for the students by grade or class for the year. The Unite for Education AZ PAC volunteers were allowed to stay on school property passing out the cards to parents and students in addition to an informational flyer created by the PAC. (Attachment #7) The cards and flyers were visible all over school campuses including on desks, floors, counters, parking lots and hallways that had been either dropped or set-down. School personnel (teachers, principals and administrators) were present on campuses and working in their official capacities these evenings. On the evening of August 11 th, the Gilbert Classical Academy (GCA) principal and a few students were passing out override/bond informational flyers (Attachment #7) to parents that were created and paid for by the Unite for Education AZ PAC. (Attachment #8) On August 13 th, three Unite for Education AZ PAC volunteers were passing out both the flyers and palm cards at Gilbert Classical Academy wearing blue PAC T-shirts showing support for the bond and override. Images taken from the August 13 th GCA curriculum night are included showing Unite for Education AZ PAC volunteers on school property intercepting parents and students (Attachment #9) handing out the YES YES palm cards (Attachment #10) wearing the blue YES YES Unite for Education AZ PAC shirts (Attachment #11). The Unite for Education AZ PAC volunteers in attachment #11 image are from left to right: Suzie Horvath, Susie Jackson and Tammy Brady. Susie Jackson is the administrator of the Facebook page, GPS Employees Support Override/Bond. (Attachment #12) An image of the YES YES shirt is included which has fine print at the bottom identifying the Unite for Education AZ PAC as the creator and distributor of the T-shirts. (Attachment #13) The Unite for Education AZ PAC is a committee in favor of the GPS bond/override. The chairman is Blake Sacha and the treasurer is Jennifer
Halvorson. A copy of the Maricopa County Political Committee Statement of Organization for the Unite for Education AZ PAC is included. (Attachment #14) The Arizona Legislature, during the First Regular Session (2003), mandated that the Arizona Attorney General publish guidelines relating to the prohibition on the use of school district or charter school resources or personnel to influence the outcomes of elections. A.R.S. 15-511. This document clearly outlines actions of GPS superintendent Kishimoto, GPS staff and Unite for Education AZ PAC that violated the law. ARS 15-511 states in part: A person acting on behalf of a school district or a person who aids another person acting on behalf of a school district shall not spend or use school district or charter school resources, including the use or expenditure of monies, accounts, credit, facilities, vehicles, postage, telecommunications, computer hardware and software, web pages, personnel, equipment, materials, buildings or any other thing of value of the school district or charter school, for the purpose of influencing the outcomes of elections. School resources used by superintendent Kishimoto to promote the YES YES position included: a school bus, school bus driver, diesel gasoline for the bus, GPS Facebook page and GPS Twitter account. The Unite for Education AZ PAC violated the law by coming onto school campuses during an educational function not open to the public during which staff were working in their official duty by: handing out election materials supporting the GPS bond/override, soliciting for donations and volunteers to the Unite for Education AZ PAC and wearing T-Shirts supporting the YES YES position. GPS superintendent Kishimoto was aware of the Unite for Education AZ PAC presence on school campuses and allowed them to conduct electioneering activities. The Arizona AG guidelines definitions published in 2004 that apply are as follows: Personnel Means persons employed by the school district or charter school whether they are salaried employees or non-salaried volunteers. This definition of personnel
applies to the Unite for Education AZ PAC volunteers, GPS staff and superintendent. Prohibited Activities 1. Campaign Signs: No campaign signs, banners, stickers or any item that advocates for or against a candidate, recall, initiative, referendum, bond election, budget override or any ballot measure shall be placed in or on school district or charter school buildings (including but not limited to playing fields, parking lots, walls and fencing). YES YES palm cards advocating for the GPS bond/override were in classrooms, hallways and parking lots at GPS schools left by parents and students who were handed the literature on Meet the Teacher/Curriculum nights by the Unite for Education AZ PAC. 2. Political Buttons, T-shirts, etc.: Board members, personnel and others acting on behalf of a school district shall not wear political buttons, T-shirts, hats or other items displayed on their persons or apparel that are designed to influence the outcome of an election in a classroom, in any other instructional setting, or at a school-sponsored extracurricular event at which they are supervising or assisting with supervision or organization of the extracurricular event. The Unite for Education AZ PAC was allowed onto GPS school campuses during an educational function wearing YES YES T-shirts advocating for a yes vote on the GPS bond/override. 6. School Personnel and Students: An employee of a school district or charter school who is acting as an agent of or working in an official capacity for the school district or charter school shall not give pupils written materials to influence an election or to advocate support for or opposition to pending or proposed legislation regardless of the fact that no school district personnel, equipment or resources were used to prepare the materials. This includes flyers prepared by a private citizen group supporting a candidate or passage of a ballot measure or materials urging citizens to call their legislators to support or oppose legislation. School personnel and students were handing out flyers on Curriculum night prepared by a private citizen group, the Unite for Education AZ PAC. 8. Solicitation of Contributions: Persons acting on behalf of a school district shall not use school district and charter school personnel, equipment, materials,
buildings or other school resources to solicit contributions to be used in support of or opposition to a candidate, recall, ballot measure or political party or committee of a political party. This does not prohibit individual employees from voluntarily exercising their rights to solicit contributions on non-duty time, outside the classroom or other instructional settings. The Unite for Education AZ PAC was handing out palm cards on GPS school campuses during an educational function soliciting funds for the PAC which is supporting the passage of the GPS bond/override. Request for AG opinion on Parent Support Organizations of Schools and Application of ARS 15-511 GPS Parent Support Organizations have been recently advised by GPS administration that the organizations can advocate for a ballot proposition or candidate so long as a GPS web page, e-mail address or social media site is not used. GPS Parent Support Organizations have historically advocated for candidates in governing board races and support for bond/override ballot measures utilizing parent contact information obtained as an official GPS Parent Support Organization. Advocacy for governing board candidates and ballot measures by GPS Parent Support Organizations is practiced through private e- mail, social media accounts and text messages. It is my assertion that this practice of advocacy is a violation of ARS 15-511 due to the following: Parent Support Groups have parent contact information only because of official declaration of a GPS group Parent Support Groups are as defined in GPS policy JJG (Attachment #15): 1. An organization whose activities support and promote the educational mission of the district
2. Parent Support Groups must be approved by the GPS Governing Board in order to operate on campus 3. The school principal is an ex-officio member and acts in an advisory capacity GPS Policy JJG-EB (Attachment #16) states that GPS pays for an Arizona School Risk Retention Trust insurance policy including liability insurance for parent support organizations approved by the Governing Board. The 2004 Arizona AG ARS 15-511 guidelines defines "Educational function" means uses that are directly related to the educational mission of the school district as adopted by the school district governing board and includes parentteacher organizations, youth organizations and school employee organizations. GPS Parent Support Organizations fall under the use of the AG s definition educational function. Additionally this document defining Personnel: Means persons employed by the school district or charter school whether they are salaried employees or non-salaried volunteer. Officers of Parent support organizations fall under this AG definition based on GPS policy JJG and the provision of a liability insurance policy by GPS. I appreciate your attention to the matters I have brought to your attention and look forward to the Arizona AG s findings. Sincerely, Julie Smith 14029 E. Buffalo Street, Gilbert 85295 480-545-0545 jlenahansmith@gmail.com
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Attachment #2 From: Christina Kishimoto <christina.kishimoto@gilbertschools.net> Date: Thu, Aug 6, 2015 at 11:51 AM Subject: Re: Stuff the Bus To: Julie Smith <julie.smith@gilbertschools.net>, Lily Tram <lily.tram@gilbertschools.net>, Jill Humpherys <jill.humpherys@gilbertschools.net>, Charles SantaCruz <Charles.SantaCruz@gilbertschools.net>, Daryl Colvin <Daryl.Colvin@gilbertschools.net> Julie, The staff who worked the Stuff the Bus volunteered their time (approx 12 staff members for 4 hours each on Saturdaymorning) and each provided the first contribution to the bus. Snooze and Gilbert Police Dept worked with us to ensure safe and visible bus placement - there was no cost for this. I had a team at hand, including myself, to talk to community members passing by on their way to breakfast or the farmer's market, about the first day of school. We met three key goals with this volunteer team: Collected materials for kids in need Interacted with community members reminding them about the first day of school Positive advertising/marketing of GPS In terms of cost to the district: Our school bus travel 1/2 mile to the location The person driving the bus was paid less than $50 for total time The cost for diesel gas was less than $1 I think the return on investment was good. Next year I hope to partner with Walmart or Staples to have the bus at one of their sites. Christina
On Thu, Aug 6, 2015 at 10:54 AM, Julie Smith <julie.smith@gilbertschools.net> wrote: Dear Christina, Who paid for the bus driver, gas and use of a GPS bus for the "stuff the bus" day? What were the costs? Julie Smith Governing Board Member Gilbert Public Schools 140 South Gilbert Road Gilbert, Arizona 85296 Phone: 480-497-3395 Fax: 480-497-3398 www.gilbertschools.net -- Christina M. Kishimoto, Ed.D Superintendent Gilbert Public Schools 140 South Gilbert Road Gilbert, Arizona 85296 Phone (480) 497-3342 Fax (480) 497-3398 Under Arizona Law, email to and from public entities may be public records subject to release upon request. This message (including any attachments) contains information intended for a specific individual and purpose. If you are not the intended recipient, please notify the sender immediately by either reply email or by telephone and delete this message from your system.
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Attachment #6 Meet the Teacher Night Promo
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Attachment #8 From: Christina Kishimoto <christina.kishimoto@gilbertschools.net> Date: Mon, Aug 17, 2015 at 7:52 AM Subject: Re: GPS Override and Bond Handouts To: Julie Smith <julie.smith@gilbertschools.net> Julie, There are active PACs handing out materials in the community. We have informational materials on our main web page and I am aware that they are in part using those materials. Christina On Sun, Aug 16, 2015 at 1:28 PM, Julie Smith <julie.smith@gilbertschools.net> wrote: Dear Christina, Who is paying for the GPS override and bond flyers that have been handed out at GPS events starting with the 'Stuff a Bus' event to 'meet the teacher' and 'curriculum' nights at the schools? Thanks, Julie Smith Governing Board Member Gilbert Public Schools 140 South Gilbert Road Gilbert, Arizona 85296 Phone: 480-497-3395 Fax: 480-497-3398 www.gilbertschools.net
-- Christina M. Kishimoto, Ed.D Superintendent Gilbert Public Schools 140 South Gilbert Road Gilbert, Arizona 85296 Phone (480) 497-3342 Fax (480) 497-3398 Under Arizona Law, email to and from public entities may be public records subject to release upon request. This message (including any attachments) contains information intended for a specific individual and purpose. If you are not the intended recipient, please notify the sender immediately by either reply email or by telephone and delete this message from your system.
Attachment #9
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Attachment #15 Book: Policies Title: JJG School-Related Support Organizations URL: http://www.boarddocs.com/az/gpsaz/board.nsf/goto?open&id=9aqlk856e 536 Book Policies Section J Title School-Related Support Organizations Number JJG Status Active Legal Adopted August 13, 2013 "School-related support organization" means an organization whose activities support and promote the educational mission of the District, as determined and approved by the Governing Board. School-related organizations may include parent organizations, booster clubs, school employee organizations, and other organizations and clubs affiliated with the District and its schools. As part of the approval by the Governing Board, school-related support organizations must be trained by the Superintendent before becoming active. Once approved, school-related support organizations should participate in training on an annual basis. Parental and public support for school activities, groups, and curriculum areas are to be recognized and supported by District personnel and students. To a large degree, booster clubs and other school-related support organizations contribute greatly to the overall success of a school program. In working with such groups, individual school administrators shall be responsible for determining the extent and the nature of parent involvement in the activities and policies of individual school units. The school principal shall be an ex-officio member (non-voting) of all such schoolrelated organizations, as will be the coach or advisor of the supported activity. The school principal acts in an advisory capacity and will receive a copy of all
meeting minutes. Organizations will not be granted exceptions to any Board policy, including, but not limited to, KHB, Advertising in Schools, and JJE, Student Fundraising Activities. School-related support organizations may solicit advertisements for schools with which they are affiliated. All funds derived from these advertisements will be deposited in an appropriate District account. See policy IJM, Advertising in School District Facilities and on District Property. School-related support organizations will promote positive working relationships and positive outcomes demonstrated by: being respectful to all, following the purpose of bylaws, working closely with the principal and/or sponsor. The school principal has all the rights and authority to no longer recognize an organization if they determine the organization is not longer supportive of a positive educational purpose.
Attachment #16 Book: Policies Title: JJG-EB School-Related Support Organizations - ExHibit URL: http://www.boarddocs.com/az/gpsaz/board.nsf/goto?open&id=9aqs83712 668 Book Policies Section J Title School-Related Support Organizations - ExHibit Number JJG-EB Status Active Legal Adopted August 13, 2013 In working with such groups, individual school administrators shall be responsible for determining the extent and the nature of parent involvement in the activities and policies of individual school units. The school principal will receive a copy of all meeting minutes. School-related support organizations will promote positive working relationships and positive outcomes. GUIDELINES FOR OPERATION AND FINANCIAL RESPONSIBILITY 1) Obtain approval and support from school administrator. All activities and events require support from administration. 2) Principals/teachers/coaches should not be officers of the organization or signatures on the checking account. 3) Develop and adopt organization By-Laws (governing document). This document should include provisions for amendment and changing officers when necessary. 4) Establish officers of the organization (usually: President, V-Pres., Secretary, Treasurer.)
5) Develop annual budget plan and goals for the organization. Plan activities for the year based on the budget and goals. 6) Treasurer should produce a monthly financial report after the receipt of each bank statement. a) Report should identify all revenue sources during the month and reconciled with the deposits on the bank statement. b) The report should itemize all expenditures paid during the month, listing by date, check number, who it is written to, description of expense, and dollar amount. c) Cash balance on report should be reconciled to cash balance on bank statement. d) Copies of report and bank statement (with account number not showing)) should be made available to all board members monthly and any other members that request or show interest. e) Board members should vote approval of the financial report after presented. f) An annual audit should be conducted by an independent third party (does not have to be a CPA). 7) Checking account should require two signatures on all checks. Monthly bank statements should be mailed to the school address, not an individual s home. It is HIGHLY recommended that a Debit Card NOT be used. 8) Money collected through fundraisers and other organization activities should be accounted for, verified by, and prepared into deposit for the bank by TWO individuals. 9) Minutes of each Board and Membership meeting should be produced, distributed to members, and maintained for at least three years. Copies of the same should be on file in the respective school offices.
10) Arizona School Risk Retention Trust insurance policy includes liability insurance for parent support organizations as long as their meetings and activities are approved and co-sponsored by the school administrator. The organization should also be acknowledged by the District Governing Board. 11) Fund raising activities must be approved and agreed to by site administrator. 12) Parent support organizations can choose to join the state and national Parent Teacher Association (requires payment of membership dues annually). Organization becomes a local chapter of a national non-profit corporation. 13) If a parent organization wishes to compensate an employee for services, the request must go through the district so that proper payroll deductions are withheld. 14) Cannot operate on campus without school and District approval. 15) When group dissolves money should be transferred to appropriate student club.