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SALT LAKE CITY — Two audits by the Office of the State Auditor found that the Canyons and Ogden school districts improperly used public resources for "ballot-related activities," referring to school construction bond propositions considered by voters in 2017.
The audits, released Monday, took issue with public funds spent on mailers or digital media advertisements that "were not limited to providing factual information," about the bond questions as well as the use of district email.
In the case of Canyons School District, the audit states "three of the five mailers and four of the six digital media advertisements included statements that were not limited to providing factual information and that constituted improper ballot-related advocacy in support of the bond proposition."
The audit states that Canyons School District "improperly expended public funds of around $19,000 for the three questionable mailers and a lump sum of around $20,000 for all six of the digital media advertisements.
"Only one of the five mailers included a statement of opposition in a limited effort by the district to provide equal access to both opponents and proponents," the audit states.
The $283 million bond question was approved by voters by a margin of 58 percent, with 42 percent voting in opposition.
Canyons School District spokesman Jeff Haney, in a statement, said the audit itself notes a need for greater clarity in state law how governmental entities may communicate with the public regarding ballot propositions.
"The guidance received in this review not only provides valuable information for Canyons District, but other school districts that plan to seek voter approval for bond issuances to build and improve schools for Utah students. As noted in the response to the audit, the district believes the current language in the act governing how local governments may communicate with the public regarding ballot propositions is ambiguous and it would be beneficial if the language could be clarified or improved," the statement said.
It continued: "The school district notes that it sought assistance from the state elections office, but the Lieutenant Governor's Office responded that it could not provide specific guidance and referred the district to the (Political Activities of Public Entities Act). Canyons District, which is committed to continuous improvement, appreciates the interpretation provided by the Utah State Auditor's Office, and will enact a policy that will specifically address any future ballot-related activities."
The audit states Ogden School District email accounts were improperly used to send email to parents that advocated for the ballot proposition. The school district, through its school board, sought voter approval of a $106.5 million bond. The question was narrowly defeated with 51 percent voting against.
The Utah Lieutenant Governor's Office earlier determined the emails advocated for a ballot proposition. "The Weber County Clerk/Auditor fined the school district's communications director $200 and a principal $10," according to the audit.
The audit also found that the Ogden School District's business administrator used $4,000 in district funds to pay an election consultant for the Friends of Ogden School political issues committee, "which the PIC reimbursed that same day. The business administrator, who was also the chief financial officer for the political issues committee, stated he did this so the PIC didn't have to prepare a 1099 tax form."
The audit also found the Ogden School District paid more than $1,600 for flyers, banners and other signs which the lieutenant governor's office determined demonstrated "ballot-related advocacy" because they used the word "benefit," in phrases such as schools "will benefit from this bond." The district considered the word to be a factual description allowed under state election law.
Although the school district was reimbursed by the political issues committee for these expenditures, state law specifies that "a public entity may not make an expenditure from public funds for political purposes or to influence a ballot proposition," the audit states.
Ogden School District spokesman Jer Bates provided this written response:
"Ogden School District appreciates the efforts of the State Auditor's Office and accepts the findings of the audit in the context of Utah Code. While the district accepts the findings of the audit, we maintain that no actions were done with malicious intent. We also wish to express our desire to work with the state to provide further clarity of Utah Code 20A-11, (Political Activities of Public Entities Act) specifically in regard to school bond elections.
"Ogden School District and the Board of Education are committed to the adherence of all applicable Utah Code and we have taken measures to ensure compliance in areas found by this audit to be in violation in 2017. We appreciate the continued opportunity to work with the State to ensure that all school districts in Utah have clear and logical guidelines to follow in this regard."
Earlier this month, Ogden voters approved an $87 million school bond proposition.
