Are your tax dollars being used for politicking?

Face The State Staff Report

Using public money and resources to advocate for or against a ballot issue is strictly prohibited under state law, but that doesn't appear to be stopping a growing number of state agencies and political subdivisions, who are now defending against allegations that they misused tax dollars to promote pet political causes.

With Colorado facing its second longest ballot in state history, government officials and public officials appear increasingly eager to "educate" voters about whey they should vote for higher taxes.

According to Rich Coolidge, spokesman for Secretary of State Mike Coffman, recent complaints under FCPA "mostly focus on school districts and local governments.” Coolidge added that his office has “no real oversight” on complaints but simply fields them for referral to the appropriate court.

Last week, a complaint filed with the Secretary of State against Colorado Springs School District 11 alleges its school board members violated the Fair Campaign Practices Act by using district money to print and distribute a color flier summarizing the goals of a proposed tax increase. Under the act, public money cannot be used to advocate for one perspective on any ballot measure. If officials reference an initiative or candidate, they must do so in an impartial manner that presents both sides fairly.

In addition, the FCPA mandates that government employees cannot undertake political advocacy to any degree during business hours. Use of office supplies, official e-mail accounts and Web sites to urge electors to vote one way or the other is also strictly prohibited. It caps public expenditures for advocacy by any policymaker at $50.

Rep. Doug Bruce, who filed the Colorado Springs complaint says the cost of the flier undoubtedly exceeded $50 per board member. Bruce contends the flier urges voters to approve a mill-levy override because it stresses how board members already "approved" it through a referral to the ballot. The case is currently under review.

The Jefferson County School District is also dogged with similar accusations this week. A Face the State investigative report reveals that a mail piece sent out by the Jeffco board may very well have violated the FCPA. The mail piece is being scrutinized for advocating a tax increase.

As of press time, no official complaint has been filed.

Earlier this week Gov. Bill Ritter avoided a complaint having to be filed with the SOS when his Office of Economic Development and International Trade admitted to using state money and resources to send out an invitation to a forum featuring a vocal opponent to Amendment 46. The forum featured no one representing the pro-46 side of the argument.

In 2001, then State Treasurer Mike Coffman, a Republican, was ordered to pay a monetary penalty when he was found guilty of violating the FCPA by sending out press releases taking an opposing stance on Amendment 23 in the 2000 election.

The court ruling helped set a precedent that public officials or agencies are not permitted to use public funds for the purpose of expressing "an unbalanced position on a ballot measure."

Ritter initially denied the accusation, but later a spokesperson for the OEDIT said they would take all necessary steps to repay the time and money.

“I know this stuff happens all the time,” said Jon Caldara, president of the Independence Institute. “Politicians and staff take a lot of extra time advocating for their political agenda.”