Thursday, April 07, 2011

Olentangy for Kids and the law

This all seems like yesterday. OK, it all seems like last levy.

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


Anonymous said...

Jim--you missed exemption "D)"

"As long as such illicit activity is done on behalf of, or 'for', 'the kids' unscrupulous propaganda peddlers like OFK and OLSD can get away with anything, including the following:

1.) Use school property and personnel on the taxpayer clock to campaign for a PAC

2.) Use school property to disseminate PAC campaign materials (signs, buttons, shirts, etc.)

3.) Allow a PAC to use school facilities to meet, plan and execute campaigns

4.) Use school property and taxpayer-paid time to film and post campaign "PSA" messages on YouTube to support the campaign of a PAC

5.) Use district email to disseminate campaign communications on behalf of a PAC

6.) Other violations TBD

Anonymous said...

@anonymous. Don't forget 7) Use underhanded promotion tactics to encourage new, 18-year old voters to excercise their new civic rights to support the levy out of a sense of 'school pride' and stick their parents and neighbors with the tax bill for years to come.

Anonymous said...

Teachers urging students to vote for higher taxes on their parents tempts parents to tell their kids that if the levies pass parents won't be paying for kids' college education.

Anonymous said...

If you see a sign in a yard saying "Vote Yes!" it might as well read:

"I work for the district and am willing to tax myself $1K so I can get a $3K pay raise every year for the next three years from you!"

The Math:

Union Employee Pays $3K more in property Taxes over 3 years. Union Employee Makes $9K more in pay over three years. No wonder the employees of the district want this levy to pass!

Anonymous said...

Jim....we need the best of the "Feasel Follies" series to be reposted....I so miss her," we saved $6mill by not spending it in the future" comments!

Anonymous said...

When did OFK use school property for a meeting?

Anonymous said...

I gave them the ORC back in 2008 when they tried to threaten closing the schools.. I keep a copy of it in my OLSD file!

Jim Fedako said...

10:59 --

Starting last October through the election, they reserved 21 dates.

Anonymous said...

What are they paying to rent out the stadium for the "Vote Yes" Rally?? Renting out a stadium HAS to be expensive!