Probe Sought Over Funding in Capistrano Unified Vote

As voters in the Capistrano Unified School District go to the polls today to decide on a measure that would raise property taxes for new school construction, the Orange County district attorney’s office is exploring allegations that district officials have illegally used taxpayer funds to campaign for Measure A.

Deputy Dist. Atty. Connie Johnson said her office is “looking into” charges relating to the use of school funds to campaign for the measure, but she declined to elaborate, saying it was too close to the election.

“There has been a complaint of that nature,” she said. “We’re certainly looking into the matter.”

Tom Rogers, a rancher, said the school district has sent out at least one letter with students that--while it did not directly call for a “yes” vote on Measure A--indirectly advocated its passage. He also said that district officials have not allowed opponents of the measure the same access to parents and voters who might wish to receive information opposing the measure.

Supt. Jerome R. Thornsley did not return telephone calls to his office. However, the chairwoman of Schools for Kids, the political action committee formed to back the measure, said Rogers’ allegations were unfounded.

Sheila Benecke said her committee sent out several mailings but used its own bulk-rate mailing permit, not the district’s.

On the other matter, she and school board trustee E. G. (Ted) Kopp said the district was within its rights to send a letter home with students informing voters of the implications of Measure A.

“The law says it is our duty to inform voters of what the measure is all about,” he said. “The only thing we can’t say is ‘vote yes.’ ”

The letter, given out to students Friday, tells voters that Capistrano Unified is one of the fastest-growing districts in the state and that the rate of growth is expected to accelerate.

In the next 3 years, the letter says, the district will have to accommodate 7,000 more students than this year.

“On May 9, 1989, registered voters throughout our school community will be asked to go to the polls to vote on Measure A--an $85-million construction bond to raise funds to build the school facilities our school district needs,” the letter says.

“In order to avoid the establishment of mandatory year-round school schedules, stretched schedules or double sessions, we must build additional schools.”

County election officials predict a turnout of 14% to 20%, with 94,000 voters registered, for today’s vote.

Rogers and Russell Burkett, both of whom are well-known south county slow-growth advocates, said they asked Thornsley if they could include information about the election in some of the school’s letters about Measure A.

This weekend, they and a handful of others began circulating flyers at grocery stores. The flyers say developers have been told by the district that if the measure passes, their fees will be cut in half because some of the new school construction costs will be passed on to home buyers with the new tax.

“We’re taking the burden off the developers, and I don’t think this is right,” said Gail Jones, who said she was going to help pass out flyers on Monday.

Rogers and Burkett say they were told that the board, after discussing the matter at last week’s meeting, decided it did not have to provide them with an opportunity to present their views in the same letters.

“We think in this case the school district has stepped over the line and is using their money to campaign for the issue,” Burkett said. “I don’t want to make is seem like I’m against schools, but we just think the parents (opposed to the measure) ought to have a right to tell their side.

“The district overstepped its bounds, and we caught them.”

Kopp said such a request was not discussed by the school board last week. He also defended the mailers that the district has sent out.

“We’ve been very careful,” Kopp said. “Doubly so. (The ones complaining) are about eight people who are professional contrarians.”

Rogers and Burkett, however, were not the ones who filed the complaint with the district attorney, according to them and to Deputy Dist. Atty. Johnson.

She declined to say who it was.

Johnson said there are two sections in the Education Code that govern what kind of literature a school may send out in such an election, and that there could be “room for interpretation.”

But she refused to elaborate further, saying it would be a few weeks before her office completes a thorough examination of the complaints.

TODAY’S CAPISTRANO SCHOOL DISTRICT ELECTION

Capistrano Unified School District’s Measure A would increase property taxes for new school construction.

What: A yes vote will mean single-family homeowners will pay an annual $100 tax, and owners of condominiums and apartments or mobile homes will pay $60 a year more. Residents 62 or over are exempt from the tax, unless someone in their household is attending a Capistrano Unified school. Measure requires a two-thirds yes vote to take effect.

Hours: There are 67 polling places, which will be open from 7 a.m. to 8 p.m. today.

Information: Voters inquiring about a poll location should call the Orange County Registrar of Voters at (714) 567-7580 or 567-7600.