November 2, 2011 Mr. Tom Forcella Superintendent Chapel Hill ...
November 2, 2011 Mr. Tom Forcella Superintendent Chapel Hill ...
November 2, 2011 Mr. Tom Forcella Superintendent Chapel Hill ...
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<strong>November</strong> 2, <strong>2011</strong><br />
<strong>Mr</strong>. <strong>Tom</strong> <strong>Forcella</strong><br />
<strong>Superintendent</strong><br />
<strong>Chapel</strong> <strong>Hill</strong>-Carrboro City Schools<br />
750 Merritt Mill Rd.<br />
<strong>Chapel</strong> <strong>Hill</strong>, NC 27516<br />
SENT VIA ELECTRONIC MAIL TO tforcella@chccs.k12.nc.us<br />
Dear <strong>Mr</strong>. <strong>Forcella</strong>:<br />
I am writing to request that <strong>Chapel</strong> <strong>Hill</strong>-Carrboro City Schools (CHCCS) immediately<br />
remove its one-quarter sales tax page from its web site. To the extent that there are other<br />
public communications that support the sales tax, they also should cease. Further, I also<br />
am requesting records that are connected to the upcoming Orange County sales tax<br />
referendum for education and economic development.<br />
As you know, in 2010, the North Carolina legislature passed the following prohibition:<br />
"A local board of education shall not use public funds to endorse or oppose a referendum,<br />
election or a particular candidate for elective office." See S.L. 2010-114; N.C.G.S. §<br />
115C‐46.1.<br />
The top of the sales tax page declares, "A small investment can make a big impact on our<br />
schools." CHCCS is making it clear that it believes the sales tax will benefit the<br />
schools—any reader of the web page certainly will understand that the school district<br />
supports the sales tax increase. The only possible way to reach a different conclusion<br />
would be to absurdly believe that a school district does not want to benefit its own<br />
schools. 1<br />
1<br />
The City of Durham has argued that it may advocate for the referendum of another unit of government.<br />
The plain language of the statutory prohibitions for municipalities and local boards of education clearly<br />
state that public funds may not be used to endorse any referendum. The language is unambiguous. There<br />
is nothing that limits referenda to local board of education referenda. If the legislature was only concerned<br />
about the use of public funds for a local board of education's own referenda, then it easily could have made<br />
that qualification.<br />
It also makes sense that the legislature would want to cover all referenda. There are many referenda, as is<br />
the case in this particular instance, where one unit of government could benefit from another unit of<br />
government's referenda.
Also, on the web page is a video produced by Orange County. This video features two<br />
women discussing the sales tax. This video may be the most egregious endorsement of<br />
the sales tax. One of the women explains that the tax would lead to more jobs by<br />
supporting the department that helps business grow. She also explains that the proposed<br />
tax is all about supporting public education and development of the economy. No person<br />
could reasonably conclude that CHCCS does not support the sales tax after watching this<br />
video.<br />
As a result of the content and links on the web site, CHCCS is inappropriately using<br />
public funds to support a referendum contrary to state law.<br />
Regarding records, I request:<br />
1) All records, created or received by CHCCS (including all schools) and its agents<br />
(including school staff and teachers), that in any way refer to the upcoming <strong>November</strong>,<br />
<strong>2011</strong> Orange County education and economic development sales tax referendum.<br />
2) All records, created or received by CHCCS (including all schools) and its agents<br />
(including school staff and teachers), detailing the costs in creating and disseminating to<br />
the public all records that in any way refer to the upcoming <strong>November</strong>, <strong>2011</strong> Orange<br />
County education and economic development sales tax referendum.<br />
To clarify, the records being requested cover any record regardless of its physical form or<br />
characteristics. This includes, but is not limited to, records in hardcopy, electronic form,<br />
and whatever else that may be covered under the definition of "public records" under law.<br />
See N.C.G.S. § 132‐1.<br />
Moreover, the law reaches those documents that might have been created by CHCCS<br />
staff (including school staff and teachers) or agents on personal computers or using<br />
personal email accounts in addition to those communications exchanged via the CHCCS<br />
computer system.<br />
I look forward to receiving your response on this time-sensitive matter.<br />
Sincerely,<br />
Daren Bakst<br />
Director of Legal and Regulatory Studies<br />
cc:<br />
Tracy Reams<br />
Director of Elections<br />
Orange County
Jim White<br />
Chair<br />
Orange County Board of Elections<br />
Gary O. Bartlett<br />
Executive Director<br />
North Carolina State Board of Elections<br />
Don Wright<br />
General Counsel<br />
North Carolina State Board of Elections
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