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Voting Smart: Government Has Obligation To Educate Workers, Public

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The Tampa Tribune

Published: January 28, 2008

In a replay of the controversy generated by the Penny for Pasco sales tax referendum in 2004, school officials once again are being accused of violating election law, this time in relation to the property tax amendment on Tuesday's ballot.

And once again, the people who are complaining are dead wrong.

The West Pasco Board of Realtors claims Superintendent Heather Fiorentino improperly used district e-mail in an attempt to persuade school employees to vote against Amendment 1. Fiorentino didn't even send the e-mail questioned by the group; one of her assistants did. And the communication certainly didn't tell people how to vote.

The district made a DVD for employees that includes information about the amendment and its potential effects. Twice, the presentation states the Pasco district isn't advocating a position on the amendment.

But the presentation does note that the district would lose an estimated $67.5 million over the next five years if voters approve Amendment 1, affecting salaries, competitive benefits packages and school construction.

The Realtors' group, which supports the measure, must not want school employees to know what the amendment's passage could do to their employer and public education. The school system does, and it was absolutely correct to try to educate employees in this manner.

There's nothing improper about it.

Government officials have an obligation to educate the public about referendums and constitutional amendments' effects on services and other matters, and have an additional obligation to inform their employees as well. Many of them are voters, too.

Neither government workers nor the general public should go into the voting booth blind, unaware of the possible consequences of a "yes" or "no" vote on any constitutional amendment. This is especially true when an initiative would reduce collection of property taxes, local governments' main revenue source.

In this instance, the school district is in the best position to explain what the amendment's passage would mean to public schools, the same as it was four years ago when officials touted the benefits of the penny sales tax that has helped fund school construction and renovations.

Ruling on a similar dispute in Leon County several years ago, the Florida Supreme Court summed up this obligation this way: "Local governments are not bound to keep silent in the face of a controversial vote that will have profound consequences for the community. Leaders have a duty and right to say which course of action they think best, and to make fair use of their offices for this purpose."

Organized opponents and supporters of referendums and amendment have plenty of opportunities and means to give the public their takes. In the case of Amendment 1, for example, the Florida Association of Realtors has contributed at least $1 million to the YesOn1Florida campaign, hailing the property tax reductions the amendment would bring. You've probably seen the commercials.

It's all about informing voters, who are free to make up their own minds.

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