Water Bond Update #00-01
January 7, 2000

Legal Opinion Available on Public Agencies and Ballot Measures

A legal opinion from the law offices of Olson, Hagel, Leidigh, Waters & Fishburn LLP concerning the use of public funds by a public agency to distribute information regarding a ballot measure is attached.

The opinion may prove useful for members disseminating information on the Proposition 13 water bond scheduled for the March 2000 ballot. It expands upon the guidelines provided in ACWA's member packet and on the ACWA web site, which included a piece on "Do's and Don'ts" for water agencies distributing information on the bond.

The opinion includes a discussion of the Stanson v. Mott (1.976) 17 Cal.3d 206. "While Stanson ruled that public funds may not by used to advocate the passage or defeat of a ballot measure," wrote Lance H. Olson of Olson, Hagel, Leidigh, Waters & Fishburn LLP, "it also acknowledged that governmental entities have the power to provide fair and impartial information to their constituents."

As we move closer to the March 7 election day, member agencies may be contacted with requests to speak at public forums on the ballot measure. The opinion provides us with greater depth on permissible activities.

This update will be provided weekly to keep members up-to-date on the bond. For more information, contact ACWA's Communications Department at 916.441.4545.