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District counsel tells board members and staff when they may campaign for or against referendum
Summary
District counsel summarized three laws that bar use of public funds or district resources to advocate for or against the referendum but permit dissemination of factual information; employees may campaign off‑duty and board members may personally advocate outside district resources.
Dawn Hinkle, the district’s legal counsel, told the board that under Illinois law public funds and district resources may not be used to advocate for or against a referendum, though public entities may distribute factual information about a ballot question.
Hinkle outlined three legal authorities that apply: the election code restriction on using public funds for advocacy; the Local Government Employee Political Rights Act, which protects employees’ rights to engage in political activity off duty; and the State Officials and Employees Ethics Act, under which the district’s policy 2105 restricts political activity during compensated time and bars use of district resources for advocacy.
"Public funds cannot be used to advocate for or against a referendum," Hinkle said, adding that the law also allows public entities to disseminate factual information. She emphasized that district employees and board members cannot use district property or resources, including district email or equipment, for campaigning and that employees may not perform political activity during compensated time.
Board members asked operational questions and Hinkle provided practical guidance: board members may advocate in their personal capacity away from district property; employees may engage in campaign activity outside compensated time and off district premises; PTA and booster groups may not use district resources to advocate while using district facilities unless they rent space on an even‑handed basis; and students retain political speech rights outside instructional time.
Board members sought clarification about social media, yard signs and school events. Hinkle said district‑sponsored social media should provide factual information only and that personal social media should make clear the speaker is acting in a private capacity. She cautioned that the district must avoid any appearance of using public resources for advocacy during official activities.
The legal briefing followed the board’s approval to place the $420 million bond question on the Nov. 5 ballot and provided board members and staff with next steps and restrictions about campaigning while the district continues to share factual information with the public.
