A Few Problems

Hopefully, you've already read the first story, School task force talks sales tax. If not, go back and read it before you read this one.

There are a few problems in that story that needs to be discussed, some pretty serious problems.

First, notice that Ms. Barker or no one else can explain what the school board will spend the new two million dollars per year on if the referendum were to pass. What was it she said, “I think there’s a lot of good things we can do if it passes,”? You're darn right there's a lot of things they could do with the money. I've never seen a school system that couldn't spend money. And surely Ms. Barker knows down deep that in the long run, even if the tax increase were to pass, the schools won't get to keep the money any way.

But there are some serious legal issues when school personal get involved in the political process. Mostly, it's illegal under Tennessee law known as The Little hatch act.    

STATE OF TENNESSEE

OFFICE OF THE ATTORNEY GENERAL

Tennessee’s "Little Hatch Act" is designed to prohibit political intimidation or coercion of or by any public officer or employee. Tenn. Code Ann. § 2-19-202(b). The definition of "public officers and employees" includes teachers. Tenn. Code Ann. § 2-19-201(3). Section 2-19-202(a) of the Act prohibits a public officer or employee from using his official position, authority, or influence to intimidate, coerce or command another officer or employee to vote for or against any measure, party, or person. Tenn. Code Ann. § 2-19-204 prohibits a public officer or employee from promising any benefits provided principally from public funds as a consideration, favor or reward for any political activity, support or opposition to any candidate, party or measure in an election. Similarly, Tenn. Code Ann. § 2-19-205 prohibits any public officer or employee from depriving or threatening to deprive any person of employment or other benefits provided principally from public funds for any political activity, support or opposition to any candidate, party or measure in any election.

The Little Hatch Act also seeks to prohibit the inappropriate use of public employees and property for political purposes. It prohibits teachers from using any building or land owned by a local education agency, including equipment and vehicles, for campaign or political advertising on behalf of any party, committee or candidate for partisan or nonpartisan political office. Tenn. Code Ann. § 2-19-206(d)(2). It also prohibits any teacher employed by a local education agency from engaging actively in a political campaign on behalf of any party, committee, or candidate for partisan or nonpartisan public office, attending political meetings or rallies, or otherwise performing political campaign duties or functions during those hours of the day when the teacher is required to be performing school duties. Tenn. Code Ann. § 2-19-207(c)(2).

According to Ms. Barker, Lenoir City Schools created a flier, given it out at some of the football games and will probably be sharing that directly to voters as well. ... Some of our students and parents, I think, will be helping us do that.”

I have also been contacted by several Lenoir City Schools staff members, stating that they have been "encouraged" to get out and promote the Sales Tax referendum. I have also been told by some that they don't support the tax increase and certainly don't want to be out promoting it but feel some pressure to do so. Refer back to the Little Hatch Act.

The law makes it clear that school buildings, equipment, vehicles can not be used for political promotion. And I can go ahead and tell you, that includes using computers, email systems and even teacher mailboxes for political campaigning. If this has already happened, the Little Hatch Act has already been violated. If tax payer money was spent on producing those fliers Ms. Barker mentioned, that money will have to be reimbursed by someone.

If Ms. Barker has "encouraged" any of her employees to promote the Sales Tax increase and any of them felt influenced, intimidated or coerced, more problems.

As a side note, Ms. Barker may support the sales tax increase but since she lives in the county, she can't vote for it.

There's good reasons there are laws to prohibit political activism in the public schools and using tax payer money to do it.

There are right ways and wrong ways to do things. The school system should do things the right way. 

BACK
10/8/18