You remember, the bogus opinion from 2008 regarding the district's (supposed) ability to close schools to the public should the levy fail. Now it's a bogus opinion claiming that OFK does not have to pay for the use of school facilities, despite this opinion being in conflict with state law, board policy, and the opinion of the state attorney general.
District treasurer Rebecca (Becky) Jenkins has been nice enough and responsive. But she is not the responsible party here, that lies elsewhere.
Regardless, the district's tax consuming legal council is once again providing opinions that suit the needs of the district. According to an email from Jenkins, "He (legal council) basically said the Board is not required to charge OFK for facility use."
Not required? In violation of state law, board policy, and the opinion of the state attorney general?
I think I'll request a copy of the legal council's bill for his opinion -- it always nice to quantify the value of our tax dollars at work.
Here is my latest email to Jenkins:
Per Kevin McIver chief of the opinions section of the office of the state attorney general, opinion 91-064 still stands and OFK must pay reasonable fees. I assume that you value an AG opinion over the verbal opinion of your legal council. Let me know whether the district intends to comply with state law.
In addition, according to board policy, for OFK to use district facilities, "[a] facility use agreement must be executed and approved prior to its use by any nonschool Board sponsored group."
I request that you provide me the use agreement that is currently in effect.
Also, let me know which fee group listed in the board policy includes OFK.
I wonder if the OFK volunteers know what nonsense goes in on order to pass a levy. Is anything beyond the pale?
OFK volunteers: When you face your neighbor, remember the actions of your committee reflect on you.
Note: Here is the relevant section of the Ohio Revised Code. It is unambiguous -- unless, just maybe, your dance is for the tax dollar.
3313.77 Use of schoolhouses and grounds for public meetings and entertainments.
The board of education of any city, exempted village, or local school district shall, upon request and the payment of a reasonable fee, subject to such regulation as is adopted by such board, permit the use of any schoolhouse and rooms therein and the grounds and other property under its control, when not in actual use for school purposes, for any of the following purposes:
(A) Giving instructions in any branch of education, learning, or the arts;
(B) Holding educational, religious, civic, social, or recreational meetings and entertainments, and for such other purposes as promote the welfare of the community; provided such meetings and entertainments shall be nonexclusive and open to the general public;
(C) Public library purposes, as a station for a public library, or as reading rooms;
(D) Polling places, for holding elections and for the registration of voters, or for holding grange or similar meetings. Within sixty days after the effective date of this section, the board of education of each school district shall adopt a policy for the use of school facilities by the public, including a list of all fees to be paid for the use of such facilities and the costs used to determine such fees. Once adopted, the policy shall remain in effect until formally amended by the board. A copy of the policy shall be made available to any resident of the district upon request.
Effective Date: 08-29-1975