Linder: QCUSD school board candidates not above law
Posted
By Mark Linder, Queen Creek
As a former Queen Creek Unified School District board member, I am particularly aware of the hypocrisy of some school board members. It's alarming that they believe they are above the law and the people they claim to represent.
I've received direct reports that the Revolt/Campbell/Riffey team, in a serious breach of trust, had collected signatures at schools and the district office. When board member James Knox raised this issue, they resorted to denials and excuses. This is a matter of grave concern for our community.
Collecting signatures from staff on school grounds is nothing new for candidates that the QCUSD administration wishes to support. During my time on the board, I had gathered evidence that Superintendent Perry Berry’s own administrative secretary had traveled to various schools within the district and gathered signatures for the candidates who the superintendent supported.
One would have expected that, after the initial warning, this current board slate would have respected the district policy and the law. However, this was not the case. On Oct.18, at the Queen Creek High School football game, attendees were surprised to find palm cards supporting these three candidates on their windshields. These were not just any cards, but ones printed and endorsed by the candidates themselves, a clear violation of school policy and the law.
QCUSD Policy, which was just voted on in late 2023 by all five board members, in Procedure 3-503.A Use of School Resources - Permitted/Prohibited Activities is posted on the QCUSD website. Section C: Prohibited Activities, item 1 “Campaign Signs: No campaign signs, banners, stickers or any item that advocates for or against a candidate, recall, initiative, referendum, bond election, budget override or any ballot measure shall be placed in or on District school buildings (including but not limited to playing fields, parking lots, walls and fencing).” This includes flyers or palm cards.
In the same section Item 6: Petition Circulation: Persons acting on behalf of the District shall not use District personnel, equipment, materials, buildings or other resources to circulate nomination, recall, or ballot measure petitions or petitions to qualify a political party for ballot status recognition. This does not prohibit individual employees from voluntarily exercising their rights to circulate petitions in their personal capacities on non-duty time: outside the classroom, outside any other instructional setting, or at a school-sponsored extracurricular event as long as they are not supervising or assisting with supervision or organization of the extracurricular event.
As board members attending a school district-sponsored meeting and introduced as such, they are representing the district and, therefore, are not excluded.
Now Arizona law is also clear, as stated in ARS 15-511. Item A, “use school district … including the use … facilities, …. buildings or any other thing of value of the school district or charter school, for the purpose of influencing the outcomes of elections.”
The school parking lots are part of the facility; therefore, these three board members willingly disregarded the law. I do not know if Arizona Attorney General Kris Mayes will take action, but I hope she does. Communities and local elections are far too often overlooked, allowing candidates to run unscrupulous campaigns knowing their small-time infractions will be ignored.
I know Mr. Knox has been criticized recently for his Facebook posts on his personal page. For some reason, certain people cannot stop themselves from reading them, complaining about his First Amendment rights, and telling the board they have to do something about it. I wonder how many will speak out against the board that is openly ignoring its own policy and the law?
Since the time I had served, I have watched a continuous abuse of the public with board members who act as though they are above the community until it is time to ask you for their vote. I ask that you think carefully when you cast your vote. Do you wish to support those who openly act as though laws are for thee and not for me, or those who have ran their campaign with respect for the community and abiding all laws? Let's send a message that Queen Creek deserves better, and the only way we will get it is through electing Heidi Lee and David Dehority.
