School board candidate’s fair political practices complaint dismissed
School district issues additional statement confirming that campaign materials using district’s logo are being used without permission
– The Paso Robles Joint Unified School District released a statement on Thursday confirming that any campaign materials that include the district’s logo are being used without the district’s permission, and the district does not endorse any candidate in the upcoming election.
According to state law, the district is prohibited from using its resources to support or oppose candidates for office, and it has the duty to take all legal steps to protect its logo.
The district has repeatedly requested that the campaign signs, emails, and advertisements bearing the district’s logo be removed or modified. Until removed or modified, the use of the district’s logo can only be interpreted as an intentional violation of the district’s rights under the law and should not be misinterpreted as any kind of district endorsement whatsoever, according to the district.
Candidate Kenney Enney, whose campaign has used the logo, issued a rebuttal: “Nationally-respected campaign attorney, Charles Bell of the Sacramento-based law firm Bell, McAndrews & Hiltachk, LLP, dismissed [the district’s] contentions as ‘completely baseless,’ saying Enney’s use of the PRJUSD ‘logo’ materials was ‘a clear case of application of the fair use exception to federal copyright and state corporate laws.'”
Enney filed a complaint with the Fair Political Practices Commission (FPPC), accusing both the Paso Robles Joint Unified School District and the San Luis Obispo County Office of Education of improperly handling the special election process and the petition which cost Enney his appointed seat.
The complaint, filed on Feb. 26, alleged that the county and district illegally used public funds in an effort to deprive Enney of a school board seat, and failed to report these expenditures as political contributions.
On Thursday, the FPPC denied Enney’s complaint.
In it’s denial, the FPPC wrote, “After review of the complaint and evidence provided, the Enforcement Division will not pursue an enforcement action in this matter. The Commission does not have jurisdiction over misuse of public funds allegations unrelated to mass mailings produced by committees qualified under the Political Reform Act. There is also insufficient information provided to establish that the agency qualified as a committee under the Act.”
