DARLINGTON - Wisconsin's Government Accountability Board (GAB) warns school districts not to publicly support referendums.
But what about a district administrator? That area is a little more gray.
Residents of the Darlington school district will vote on a referendum Tuesday to seek an additional $700,000 a year over state revenue caps for four years.
To help the district's case, District Administrator Joe Galle in mid-January sent out 1,800 newsletters to district households.
Galle said he created the newsletter on his home computer, on his own time and paid $300 with a personal check to have the newsletters mailed. He said a bulk mail permit was needed to send out the large number of newsletters, and he used the district's permit.
According to Bob Dreps, an attorney with LaFollete, Godfrey and Kahn in Madison who handles media-related complaints against government bodies, Galle violated campaign finance laws with the newsletter.
Nowhere on the newsletter's mailing sheet or in the newsletter itself does it state that Galle wrote the letter and paid for its mailing. The only attribution is with a mailing address on the newsletter's cover that says Darlington Community Schools, 11630 Center Hill Road, Darlington, WI 53530.
Laws require a source of a mailing to be shown, Dreps said, and it prohibits anonymous mailings.
The lack of attribution, Dreps said, violates campaign finance laws.
Also, individuals and groups who spend more than $25 to campaign for a certain vote outcome must register as a political action individual or committee. Galle said he has not done that.
"He should have registered and put a disclaimer on his mailings," Dreps said. "He is an individual who spent more than $25 to influence an election."
Kyle Richmond, public information officer for the GAB, also said Galle's lack of attribution could violate campaign finance laws. GAB attorney George Dunst and Lafayette County District Attorney Charlotte Doherty could not be reached for comment Friday.
Language in the newsletter also may go against a guideline from the GAB that districts not engage in campaigning for a particular vote on a referendum.
The newsletter is in a frequently asked question format, but also includes language that the state's Government Accountability Board (GAB) finds questionable.
The inclusion of the address of Darlington Community Schools and its non-profit bulk mail permit is another concern for the GAB.
In the newsletter's opening paragraph, Galle writes "In effect, the referendum is asking ... do the Darlington School District residents want to maintain quality educational programs? If the answer is yes, then vote yes in the February 19 referendum."
The phrase "Do the Darlington School District residents want to maintain quality educational programs? If the answer is yes, then vote yes in the February 19 referendum" also concludes the three-page newsletter.
According to a letter Dunst wrote to the City of La Crosse in 1998, districts are allowed to provide facts on a referendum to educate voters, but should not engage in campaigning.
Also, some language Galle uses can be considered "threatening language," Richmond said.
Some of the phrases Galle uses are "Further cuts in the budget could have a direct effect in the quality of programs currently being offered," "The district will be forced to lay off more staff. Because layoffs have taken place in previous years, layoffs now will also mean cutting programs and increasing class size. With fewer programs, the students will have fewer opportunities. The district will not be able to attract students who come to our district because of the quality programs we have offered in the past."
School districts are advised not to use public funds to advocate a particular vote on a referendum. Wisconsin has no law against it, Dunst said, but "case law outside Wisconsin has established the general proposition that public money ought not to be used to urge a specific vote at an election."
Galle's use of the district's bulk mailing permit raises questions about whether the district was involved.
"The district can educate voters as to what would and would not happen with a referendum," Richmond said. "But it's a gray area to say if the referendum does not pass, we'll have to cut so and so, or eliminate this or that."
But what about a district administrator? That area is a little more gray.
Residents of the Darlington school district will vote on a referendum Tuesday to seek an additional $700,000 a year over state revenue caps for four years.
To help the district's case, District Administrator Joe Galle in mid-January sent out 1,800 newsletters to district households.
Galle said he created the newsletter on his home computer, on his own time and paid $300 with a personal check to have the newsletters mailed. He said a bulk mail permit was needed to send out the large number of newsletters, and he used the district's permit.
According to Bob Dreps, an attorney with LaFollete, Godfrey and Kahn in Madison who handles media-related complaints against government bodies, Galle violated campaign finance laws with the newsletter.
Nowhere on the newsletter's mailing sheet or in the newsletter itself does it state that Galle wrote the letter and paid for its mailing. The only attribution is with a mailing address on the newsletter's cover that says Darlington Community Schools, 11630 Center Hill Road, Darlington, WI 53530.
Laws require a source of a mailing to be shown, Dreps said, and it prohibits anonymous mailings.
The lack of attribution, Dreps said, violates campaign finance laws.
Also, individuals and groups who spend more than $25 to campaign for a certain vote outcome must register as a political action individual or committee. Galle said he has not done that.
"He should have registered and put a disclaimer on his mailings," Dreps said. "He is an individual who spent more than $25 to influence an election."
Kyle Richmond, public information officer for the GAB, also said Galle's lack of attribution could violate campaign finance laws. GAB attorney George Dunst and Lafayette County District Attorney Charlotte Doherty could not be reached for comment Friday.
Language in the newsletter also may go against a guideline from the GAB that districts not engage in campaigning for a particular vote on a referendum.
The newsletter is in a frequently asked question format, but also includes language that the state's Government Accountability Board (GAB) finds questionable.
The inclusion of the address of Darlington Community Schools and its non-profit bulk mail permit is another concern for the GAB.
In the newsletter's opening paragraph, Galle writes "In effect, the referendum is asking ... do the Darlington School District residents want to maintain quality educational programs? If the answer is yes, then vote yes in the February 19 referendum."
The phrase "Do the Darlington School District residents want to maintain quality educational programs? If the answer is yes, then vote yes in the February 19 referendum" also concludes the three-page newsletter.
According to a letter Dunst wrote to the City of La Crosse in 1998, districts are allowed to provide facts on a referendum to educate voters, but should not engage in campaigning.
Also, some language Galle uses can be considered "threatening language," Richmond said.
Some of the phrases Galle uses are "Further cuts in the budget could have a direct effect in the quality of programs currently being offered," "The district will be forced to lay off more staff. Because layoffs have taken place in previous years, layoffs now will also mean cutting programs and increasing class size. With fewer programs, the students will have fewer opportunities. The district will not be able to attract students who come to our district because of the quality programs we have offered in the past."
School districts are advised not to use public funds to advocate a particular vote on a referendum. Wisconsin has no law against it, Dunst said, but "case law outside Wisconsin has established the general proposition that public money ought not to be used to urge a specific vote at an election."
Galle's use of the district's bulk mailing permit raises questions about whether the district was involved.
"The district can educate voters as to what would and would not happen with a referendum," Richmond said. "But it's a gray area to say if the referendum does not pass, we'll have to cut so and so, or eliminate this or that."