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The Morning Mayor Show KMPH 840 AM Daily at 10 The valleys only local news and talk radio March 5, 2008 The Sabatino Report This form can be filled out to prohibit local government from using public resources to engage in political advocacy. The form is provided by the Howard Jarvis Taxpayers Association. Please complete this interactive form. Eric, thank you for your help. FORM LETTER FOR CITIES, COUNTIES AND SPECIAL DISTRICTS
[Mr./Ms.]
[Name of Chief Administrative Official Here]
[Name of Local Government Here]
1234 Ripoff Avenue
Anytown, CA 91313
Re: Taxpayer Dollars for Political Advocacy Dear [Mr./Ms.] _______________, On [date], employees of your agency, on agency time, [describe campaign activity]. Under California law, local governments are strictly prohibited from engaging in political advocacy using public resources. Local governments may make public statements of an informational nature, provided they are factual and impartial. Statements that are not factual, or that are not impartial are prohibited both by our state and federal Constitutions. The Free Speech clauses of the federal and state Constitutions prohibit the use of governmentally compelled monetary contributions (including taxes) to support or oppose political campaigns since "[s]uch contributions are a form of speech, and compelled speech offends the First Amendment." Smith v. U.C. Regents (1993) 4 Cal.4th 843, 852. Moreover, "use of the public treasury to mount an election campaign which attempts to influence the resolution of issues which our Constitution leaves to the 'free election' of the people (see Const., art. II, § 2) ... presents a serious threat to the integrity of the electoral process." Stanson v. Mott (1976) 17 Cal.3d 206, 218. The activity/materials at issue violate these core democratic principles in the following manner. ____________________________ [Describe in detail how the materials or activity either express support for the measure or how the materials or activity are so one-sided that they would fairly be characterized as advocacy as opposed to informational]. It is a serious breach of the public trust when government officials spend public funds to create an advantage for one side of a political campaign. We have informed the Howard Jarvis Taxpayers Association about this activity. As you may know, HJTA has successfully sued individual officials in similar circumstances for an accounting and personal reimbursement of mishandled public funds . In order to avoid litigation over this matter, we demand that the [Name of Local Government] __________ immediately cease using its funds, property, personnel, supplies or equipment to influence the election. Printing of unlawful material must cease and any remaining offending material not yet distributed must be destroyed. If we receive written confirmation from you within the next ten days that these demands have been met, we will take no further action. Sincerely, I Rate Taxpayer cc. themorningmayor@kmph840am
The Morning Mayor Show With host, former Mayor Carmen Sabatino KMPH 840 AM daily at 10 209-527-8484
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