September 16, 2003

Terri Lynn Land
Secretary of State
P. O. Box 30045
Lansing, MI 48918

Dear Secretary Land:

I am reporting a possible violation of MCL 169.257(1), which says "A public body or an individual acting for a public body shall not use or authorize the use of funds, ... computer hardware or software, ... or other public resources" to support or oppose a ballot question.

The superintendent of schools and members of the Board of Education of the School District of the City of Pontiac have spent public funds for newspaper advertisements, mailings to voters, and a website supporting the bond proposal on the September 23 ballot.

This material, in my opinion, does not merely contain permissible factual information. Rather, it clearly supports the bond proposal. For example:

(1) The September 11 advertisement on page E-6 of The Oakland Press says the bond proposal will "ensure EXCELLENCE and EQUITY for all of our students."

(2) Its website, www.pontiac.k12.mi.us/Bond-Answer.pdf, says "Who benefits? Everybody. ... And homeowners win when the school system improves and property values increase."

This material claims that throwing money at the schools will improve the quality of education, which is at best speculative. The latter item further claims that property values will increase, which essentially is a claim that the value of this improvement in quality will outweigh the cost of the bonds.

This improper expenditure might not warrant criminal prosecution of the superintendent and board members. But I hope that you will start a civil case to force them to reimburse the School District for this improper expenditure.

I certify that the statements set forth above are true to the best of my knowledge and belief.

Sincerely,
Nathan Allen
Chair,
Libertarian Party of Oakland County