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example, in a New Jersey case the court disapproved of a school board's "over-clrnmatized' <br />depiction of what would happen is the school bond issue failed. <br /> <br /> The school board's brochure---most of which was quite acceptable to the court,-wamed <br />of"Double Session!" that would "automatically cheat your child" cfa Bird of his or her <br />education. It also warned of hour-long bus rides and of children arriving home after dark. <br /> <br /> It was not so much the accuracy of the picture as its shrill nature that concerned the court. <br />If the ~me information had been presented in matter-of-fact language, as part of the board' s <br />explanation of why it thought the bond issue was necessary, it would probably have been <br />approved. It is up to a unit itself to recognize the thinness of the line between permissible and the <br />impermissible activities and to ensure that it stays on the proper side of the law. <br /> <br /> The cases do not simply prohibit promotional brochures or the Printing ofbutnper <br />stickers that urge voters to vote yes. It is equally improper for a unit to allow one side or the other <br />in a campaign to make free use of the unit's office space, to use the unit's printing or copying <br />facilities on a preferential basis or to use public employees on public time to work on the <br />campaign. <br /> <br /> This ban does'~0t'prohibi~ ;leered 0~ffici~ls f~m speaking Out o~ an issue and working <br />for one side or the other, however, that is part of their leadership responsibilities. The exception <br />probably also extends to those appointed officials, such as city or county managers who work <br />directly for elected officials and who are charged with carrying out the policies of those officials. <br /> <br /> What might a court do ifa unit is about tO o~' has made improper promotional <br />expenditures? Clearly, the court has the power to prohibit the expenditure before they are made. <br />But it is also possible that the court might require those o~eials respousible for authoH~.iag the <br />expenditures to personally reimburse the government for, the expenditures already made. <br /> <br /> ' The initial cases from other states that established the principles discussed in this article <br />imposed strict liability for reimbursement on the responsible officials. More recent cases <br />however, have limited personal liability to iustanees in which the official did not exercise due <br />care, a more relaxed standard that recognizes the potential thinness of the line between proper and <br />improper expenditure. <br /> <br />But ir'an expenditure falls clearly on the wrong side of the line, far from anygray area, then <br />personal responsibility for reimbursement is a remedy that probably will appeal very' strongly to <br />any court addressing the matter. <br /> <br />This article appeared spring issue of Popular Government <br /> <br /> <br />