a guide for public hospital districts
DESCRIPTION
Association of Washington Public Health Districts. July 2012. Presented by. LOCAL ELECTIONS:. Laird Harris. A Guide for Public Hospital Districts. Founder. Harris & Smith Public Affairs. and. Joe Levan. Attorney. Municipal Research and Services Center of Washington. - PowerPoint PPT PresentationTRANSCRIPT
A Guide for Public Hospital Districts
LOCAL ELECTIONS:
Attorney
Presented by
Joe LevanMunicipal
Research and Services Center
of Washington
July 2012
Laird HarrisFounder
and
Association of Washington
Public Health Districts
Harris & Smith Public Affairs
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WELCOME TO THE WEBCAST
BEN LINDEKUGELAWPHD Director of Member
[email protected](206) 216-2528
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• During the presentation, one-way phone connection (we cannot hear you)
• To submit a question or comment– During the presentation, click the “type
here to chat” button on the right of your screen; type your message and click “send”
• A copy of the presentation slides will be available on the AWPHD website tomorrow: http://www.awphd.org/Publications/resources_web.aspx
Quick Technical Notes
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• Harris & Smith Public Affairs provides public affairs and strategic communication consulting services to clients ranging from Fortune 500 companies to small, local non-profit agencies.
• Harris & Smith helps clients understand how communication initiatives and public affairs activities can help achieve organizational goals – and their limitations and risks.
FounderLAIRD
HARRIS
(206) 343-4119
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AttorneyJOE
LEVANMunicipal Research & Services Center of Washington
(206) 625-1300
• MRSC provides legal and policy assistance to local governments, including public hospital districts
• Call on Joe and MRSC consultants with questions related to governance laws and for assistance with sample policies and other research
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Introduction
Phase I: Needs Assessments
Phase II: Decision For Levy
Phase III: The Election
Additional Resources
OVERVIEW1
2
3
4
5
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Introduction1
What we will - and won’t - focus on today
Why this topic matters
How planning ahead is a key to election success
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• Sometimes, hospital districts must seek voter and community support
Focus of PresentationIn
trodu
ctio
n
1.Bond issues
to build a facility or purchase
equipment
2.Property tax
levies
3.Votes related
to district boundaries
Our focus today
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• As a hospital district commissioner or CEO, what are key considerations in determining whether and how to pursue a ballot proposition requiring voter approval?
• Steps necessary to assess needs for seeking voter approval to ensure success
• Key legal principles and guidelines• Recommendations for preparing for a
ballot proposition and activities during an election campaign.
Focus of PresentationIn
trodu
ctio
n
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• Our focus here is on need-to-know information related to: 1. Is a ballot proposition for a bond measure
or tax levy needed?2. If so, what policy concerns must be
addressed?3. What are some key legal issues related to
supporting ballot measures?• We will not delve into the minutia of tax
levies and bond issues - we’ll leave those topics for another day
Less is MoreIn
trodu
ctio
n
[Joe]
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• Our discussion here is about activities related to ballot propositions
• The rules related to ballot propositions are similar to but not the same as the rules that apply to election campaigns for individual candidates
• Also, the rules that apply to lobbying are different than what is at issue here
Know the DifferenceIn
trodu
ctio
n
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• Hospital districts face demands and needs
• Key issues:(1) How to assess those needs, and(2) Once the needs are identified, how best to
meet them to best serve your community.
Why does this Matter?In
trodu
ctio
n
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• Tax issues are difficult
• Renewals of levies are easier to pass
• New levies are new taxes and are more difficult to pass
Election RealitiesIn
trodu
ctio
n
20 of 23 school levies in King
and Snohomish Counties passed
in February 2010.
The three that failed were all bond levies.
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• Public needs to understand and accept need
• The solution must fit the need • More is not better
Solution Must Fit the NeedIn
trodu
ctio
n
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• Success in achieving voter approval requires careful planning before and during elections
• State law generally prohibits use of public facilities and resources to support or oppose a ballot proposition, however …
• There are a wide variety of legally permissible activities public officials and public entities can engage in related to ballot propositions
Plan, Educate, ExecuteIn
trodu
ctio
n
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• Plans needed for THREE phases Needs analysis and assessment Preparation for Board action Activities during campaign
Plan AheadIn
trodu
ctio
n
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Phase I: Needs Assessment
What are the benefits of needs assessment?
What does needs assessment include?
What roles can Commissioners and staff legally play in gathering information and garnering support prior to elections?
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• Needs analysis and assessment Generally not considered a campaign
activity, but can implicate campaign related restrictions
An opportunity to involve and educate the public
A chance to identify leadership support that may be activated for the campaign
Opportunity to gauge public reactions
Educate, Involve, LearnPh
ase
I: N
eeds
Ass
essm
ent
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• Community advisory committees can increase understanding of need and give valuable feedback
• Must consider information about need and alternative solutions
• Opportunity to involve community leaders in a meaningful way
Community Advisory Committees
Phas
e I:
Nee
ds A
sses
smen
t
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• Presentations to civic organizations needs and alternatives
• Leadership events at hospital• Formal needs assessment questionnaire• Website postings with opportunity for
comment• News stories
Public InformationPh
ase
I: N
eeds
Ass
essm
ent
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• Community leadership can be identified• Feedback can help with key decisions
about possible levy campaign• Opportunity to communicate when not in
election mode
Community Input BenefitsPh
ase
I: N
eeds
Ass
essm
ent
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Q:
As a public hospital district educates and involves the public during the needs assessment phase, are there legal issues related to these activities that CEOs and Commissioners need to be aware of ?Ph
ase
I: N
eeds
Ass
essm
ent
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A: Yes: there are important legal restrictions that limit the use of public resources for activities that support or oppose ballot propositions.
Phas
e I:
Nee
ds A
sses
smen
t
[Joe]
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• Our state’s Public Disclosure Commission (PDC) has jurisdiction over local election and campaign matters
• The PDC assists local governments in understanding the statutory provisions and implementing regulations that govern activities related to ballot propositions
• The PDC also investigates complaints regarding election and campaign matters
• As a result, the PDC is an important resource in knowing what issues have tripped up other local governments
• If in doubt, contact the PDC – before you act
Working with the PDCPh
ase
I: N
eeds
Ass
essm
ent
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• The key RCW and WAC provisions related to election campaigns are provided for you in the “Additional Resources” section at the end of this webcast.
Key Statutory Provisions and Administrative Sources
Phas
e I:
Nee
ds A
sses
smen
t
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• As a matter of fairness and to prevent misuse of public resources
• To prevent local government elected officials and staff from using public resources –– For their private benefit (e.g., promoting
their own campaign)– To advance their own cause using taxpayer
resources (e.g., supporting a ballot proposition the public may not support and using public resources to do so)
Why the Restrictions?Ph
ase
I: N
eeds
Ass
essm
ent
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• In enacting the restrictions, the legislature also stated its intent to affirm and clarify our state’s longstanding policy of promoting informed public discussion and understanding of ballot propositions
• How?– By allowing elected boards, councils, and
commissions of special purpose districts to adopt resolutions supporting or opposing ballot propositions
– And by, more generally, crafting the law to respect free speech rights in the political process
Free Speech – Informed Citizenry
Phas
e I:
Nee
ds A
sses
smen
t
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• An individual commissioner or official can express his or her own personal views concerning, supporting, or opposing any ballot proposition or candidate if …
• Such expression does not involve use of the facilities of a public office or agency
What You Can Do As An Individual
Phas
e I:
Nee
ds A
sses
smen
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Keep in MindA commissioner or employee on their own time and not
using district facilities or resources is not limited by chapter 42.17A RCW in what they can do – they can
support or oppose a ballot proposition, give money for the cause, and/or be involved in campaigns
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• As a public agency, a public hospital district can:(a) Make its facilities available on a nondiscriminatory, equal access basis for political uses, and/or(b) Make an objective and fair presentation of facts relevant to a ballot proposition, if …
• Such action is part of the normal and regular conduct of the district
What You Can DoPh
ase
I: N
eeds
Ass
essm
ent
“Facilities” in this context include: local government agency equipment, buildings, supplies, employee work time, and agency publications
“Normal and Regular Conduct” includes conduct which is:
1) Lawful, i.e., specifically authorized, either expressly or by necessary implication, in an appropriate enactment (such as a policy adopted by the board of commissioners), and
2) Usual, i.e., not effected or authorized in or by some extraordinary means or manner
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• The PDC indicates it will review the timing, tone, and tenor of activities in relation to ballot measure elections
• Recognizing that across-the-board rules applicable to all situations are difficult to establish
Normal and Regular Conduct, Such As …
Phas
e I:
Nee
ds A
sses
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t
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• Use public facilities to support or oppose a ballot proposition or candidate
• Subject its employees to coercion, pressure, or undue influence to participate in political activity or to take a particular position– District officials and employees should
make it clear that any participation is personal rather than officially sponsored
• If the purpose is to influence the outcome of an election, the district cannot spend district funds for the preparation and distribution of information about the election
What the District Cannot Do
Phas
e I:
Nee
ds A
sses
smen
t
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Q:
May a public hospital district conduct community research or a survey related to a potential bond measure or property tax levy?
Phas
e I:
Nee
ds A
sses
smen
t
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A: It depends on how the community research and/or survey is conducted.
Phas
e I:
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ds A
sses
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The district can:• Conduct surveys, including demographic
questions, to determine the community’s priorities, public perception of performance, and/or to inform the community about agency programs and policies
• Conduct community research (including use of questionnaires, surveys, workshops, focus groups, and forums) to determine the community’s priorities for both programs and/or facilities and their associated total costs and projected dollars per thousand assessment
Needs Assessment – Community Research and
Surveys
Phas
e I:
Nee
ds A
sses
smen
t
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• Surveys and/or other community research can be conducted before or after the governing body has approved a resolution to place a ballot measure on the ballot
• However, research conducted after the adoption of the resolution may be subject to greater scrutiny by the PDC
• Survey Results:– Agencies may publish survey results if it is
consistent with the normal and regular conduct of the agency
Timing of Community Research and Surveys
Phas
e I:
Nee
ds A
sses
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t
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The district cannot:– Conduct surveys to determine what
taxation level the public would support– Conduct surveys designed to shore up
support or opposition for a ballot measure– Target registered voters or other specific
subgroups of the jurisdiction in conducting election-related surveys
– Use survey results in a manner designed to support or oppose a candidate or ballot measure
Polls and Survey Restrictions
Phas
e I:
Nee
ds A
sses
smen
t
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• We encourage your district to submit your proposed poll or survey to the PDC for review
• Don’t use surveys to test possible ballot language
• Don’t ask for public support for a ballot issue – even where none has been created
• Don’t send out additional mailers or newsletters in anticipation of an election, unless you can demonstrate to the PDC that doing so is part of the your district’s normal and regular conduct
Additional Thoughts Re: Assessment Phase
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e I:
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sses
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Phase II: Decision For Levy
What are key decision points related to levy?
How can our Board prepare to take action?
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• Resolution to place on ballot Will fix levy amount Determine election date Set ballot language Done in open public meeting Kicks off formal campaign period
Decisions Related To LevyPh
ase
I I:
Decis
ion
for L
evy
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• Board work sessions to consider alternatives
• Consider possible conflicts with other local levy campaigns
• Selective consultations with community leaders on provisions
Preparation For Board Action
Phas
e I I
: De
cisio
n fo
r Lev
y
Legal NoteThe district can conduct community research (including focus groups) to determine the community’s priorities for both programs and/or facilities, but cannot do so to
shore up support for a ballot measure
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Phase III: The Election
What are appropriate roles for Commissioners and staff in an election?
What are successful strategies for getting information out to voters?
What are the legal guidelines for ways to present that information?
How best to work with a campaign committee?
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• Hospital district commissioners, as elected officials, are free to campaign in support (or opposition) of a ballot measure as long as they:– Don’t make use of district facilities, time,
or resources;– Don’t either pressure or condone district
employees’ use of district facilities, time, or resources
• Staff are free to campaign on their own time and with their own resources
• Commissioners and staff may participate on support committees (e.g., “Yes on Hospitals” committee)
• May provide objective and fair information about a ballot measure
Election ConsiderationsPh
ase
III:
The
Elec
tion
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• District may publish and distribute one mailer that describes the needs to be met by the levy or bond measure
• Information may be posted on the district’s website
• Commissioners may adopt a support resolution in a properly noticed open public meeting that makes the case for the levy or measure– Opponents of the levy or measure must
be given an equal opportunity to express their views
• Presentations may be made at civic clubs and other local gatherings by commissioners, officials, and staff
More To DoPh
ase
III:
The
Elec
tion
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• The PDC indicates that generally one jurisdiction-wide objective and fair presentation of the facts per ballot measure is appropriate
• But note … if an agency has also customarily distributed this information through means other than a jurisdiction-wide mailing (e.g. regularly scheduled newsletter, website, bilingual documents, or other format), the PDC generally allows such conduct so long as the activity has been normal and regular for that agency
Election Related Publications
Phas
e III
: Th
e El
ectio
n
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• How can the district show to the PDC that this conduct is normal and regular for that district?– By demonstrating that for other major
policy issues facing the district, the district has customarily communicated with its residents in a manner similar to that undertaken for the ballot measure
Distribution of Fair and Objective Facts
Phas
e III
: Th
e El
ectio
n
Key PointThe PDC emphasizes that in no case will it view a marketing or sales effort related to a campaign or
election as normal and regular conduct
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PDC staff recommend a three step process for preparing the district’s fact sheet:
Just the Facts …Ph
ase
III:
The
Elec
tion
1.Determine the set of objective facts
related to the ballot proposition
*Recommendation: Submit your proposed fact sheet to PDC staff for review.
2.Determine what the district usually does
in distributing informational
materials as part of its normal and
regular conduct
3.Make sure the material is not
promotional – that it does not support or oppose a ballot
proposition
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• Develop standard presentations to be used in public presentations Review against PDC guidelines PowerPoint or video can keep presenter on
message Commissioners should not ask staff to
prepare advocacy presentations Recruit non-employees to make
presentations• Review PDC Interpretation 04-02 (the
Local Guidelines) – lists a variety of permissible activities
Public CommunicationsPh
ase
III:
The
Elec
tion
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• Supervisors may share objective and fair communications with staff
• Supervisors may not pressure their subordinates to support a ballot issue
• Supervisors and staff may display bumper stickers on cars that are parked in employee lots
• Supervisors and staff may wear campaign buttons if the district’s policy generally permits employees to wear political buttons
• PDC Interpretation 04-02 (the Local Guidelines) lists a variety of permissible activities
Internal CommunicationsPh
ase
III:
The
Elec
tion
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• Commissioners, managers, and staff may participate on committee on their own time using their own resources
• Committee raises money for advertisements, yard signs, brochures, etc.
• Committee is responsible for content of campaign materials
• May not coordinate messaging or other activities between the hospital district’s official activities and the ballot proposition campaign
Campaign CommitteePh
ase
III:
The
Elec
tion
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• Understand what constitutes using district resources to support or oppose a ballot proposition
• Remember the reason for the rules– To prevent misuse of taxpayer funded
resources– To maintain the public trust
• There are many ways to help without coming anywhere near breaking the rules
• Ask for guidance
Common SensePh
ase
III:
The
Elec
tion
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Additional Resources
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• MRSC Website– Municipal Elections– Levy Lid Lift
• Public Disclosure Commission (PDC)
Additional ResourcesAd
ditio
nal R
esou
rces
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• Chapter 42.17 RCW was recodified to chapter 42.17A RCW – effective January 1, 2012
• Key provision regarding the use of public office or agency facilities in campaigns – RCW 42.17.130 – was recodified to RCW 42.17A.555
Key Statutory Provisions Related to Election
Campaigns
Addi
tiona
l Res
ourc
es
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• Title 390 WAC (governing the PDC)• Particularly chapter 390-05 WAC• Even more specifically, WAC 390-05-271
(general applications of RCW 42.17A.555) and WAC 390-05-273 (definition of normal and regular conduct )
• A very useful resource prepared by and relied on by the PDC is PDC Interpretation 04-02 (revised in 2012) – aka “the Local Guidelines”
Key Administrative SourcesAd
ditio
nal R
esou
rces
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Contact Info
JOE LEVAN MRSC [email protected](206) 625-1300
BEN LINDEKUGEL AWPHD Director of Member [email protected](206) 216-2528
Addi
tiona
l Res
ourc
es LAIRD HARRISFounder, Harris and Smith Public Affairs [email protected](206) 343-4119
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LOCAL ELECTIONS:A Guide for Public Hospital
Districtswww.awphd.orgwww.mrsc.org
www.harrisandsmith.com