Attorney outlines do’s and don’ts for board members campaigning on excess levy

Jason Long of Dinsmore & Shohl advised the Monongalia County Board of Education on legal restrictions and permitted actions for board members and staff during promotion of an excess levy set for a May election.

Long told the board individual board members may speak in favor of a levy on their own time using personal resources. During board meetings, members may express support but cannot use district funds to produce paid advocacy materials. He said factual information such as the levy amount, purposes and tax impact may be provided by the central office and posted on the district web page but must avoid persuasive adjectives such as “better” or “improved.”

Long explained the superintendent may advocate for a levy in an official capacity at public meetings but may not direct staff time or use school resources to persuade. He recommended that any outside committees that accept funds or buy signs register with the Secretary of State per guidance and that such committees follow reporting rules. The attorney cautioned against altering vetted sample language without legal review because changes could expose the district to challenges.

Board members asked clarifying questions about staff assistance for informational presentations and whether board members could speak at civic organizations; Long said factual materials could be provided by staff (for example, posted informational sheets) and that board members speaking at civic groups on their own time is permissible. The board did not take formal action; Long’s presentation was advisory.

The board indicated an intention to support an excess levy and asked staff to prepare factual materials for the community in compliance with the guidance presented.