A complaint filed earlier this week with the Missouri Secretary of State and Missouri Ethics Commission against the St. Joseph School District regarding election laws is now heading to the state Attorney General.
As previously reported, Chris Green, a small business owner and former educator filed the complaint alleging that the School District is “wasting taxpayer dollars to advocate for passage of a significant tax increase on the November 7, 2017 ballot.”
On Thursday, Secretary of State Jay Ashcroft said he was handing the matter over to Attorney General Josh Hawley. In the press release, Ashcroft said, “We are thankful this matter has been brought to our attention. Government should strive for full transparency and accountability, and taxpayer dollars must be spent wisely no matter the level of government. Missouri’s election officials are working every day to ensure free and fair elections. For that reason, it is imperative that this issue is examined prior to election day on November 7. It is the responsibility of those elected – from the highest levels of public office down to the local school board – not to violate the public trust.”
The St. Joseph School District issued the following response:
The St. Joseph School District has received a copy of Secretary of State Ashcroft’s press release suggesting that the District improperly used public funds to promote Proposition 1. In his press release, Secretary Ashcroft also stated his support for transparency and accountability and the wise spending of tax dollars so as not to violate the public trust. Ironically, the District’s communications were designed to promote exactly what Secretary Ashcroft says he supports—transparency in how the District intends to spend tax dollars.
The District vigorously denies violating any laws. Missouri law clearly allows the District to advise the public as to the impact of a ballot measure, and explain how tax dollars will be spent. This is the very definition of transparency.
Unfortunately, Secretary Ashcroft has not himself followed Missouri law, according to the school district’s legal counsel. Missouri statutes are clear about the process Secretary Ashcroft must follow, but he has failed to do so. He is authorized to refer a complaint to the local prosecuting attorney, not the Attorney General, and then only after he has conducted an investigation and issued a statement of probable cause. He has done neither, but instead has asked the Attorney General to investigate. Missouri law does not allow Attorney General Hawley to be involved in this complaint.
No one from the Secretary of State’s office has even discussed the complaint with any District official. Aside from its concerns over Secretary Ashcroft’s failure to follow the law, the District is further troubled by the fact that the leading opponent of Proposition 1, Herzog Contracting Corp., contributed $125,000 last year to Secretary Ashcroft’s campaign. This leads the District to believe that this is really a last-minute, coordinated effort by those opposing Proposition 1 to smear the school district, and ultimately harm the children of St. Joseph. Proposition 1 is a non-partisan issue.
We are confident that neither the Secretary of State nor the Attorney General wants to become involved in last minute election shenanigans such as this. We urge both to follow the process established by the Missouri Legislature. The school children of St. Joseph do not deserve to be pawns in Jefferson City political games.
The tax levy is still slated to be on the ballot in the Nov. 7th election. If the proposition is approved by voters it would generate $11.5 million each year.