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From Deputy Attorney General Michael O'Reilley: Violation of Education Code section may be prosecuted as a felony or a misdemeanor. |
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From Deputy Attorney General Michael O'Reilley: Violation of Education Code section may be prosecuted as a felony or a misdemeanor. |
DANIEL E. LUNGREN
State of California Attorney General
DEPARTMENT OF JUSTICE
50 FREEMONT STREET, SUITE 300
SAN FRANCISCO, CA 94105
April 27, 1998
Fred J. Ferrazzano, Chairman
Conservative Order of Good Guys
Post Office Box 27405
Rancho Bernardo, California 92198
RE: Education Code Section 7054
Dear Mr. Ferrazzano:
Attorney General Dan Lungren has asked me to respond to your letter of March 20, 1998 regarding possible violations of Education Code section 7054. Your letter indicated possible violations of section 7054 by two school districts in connection with a statewide ballot measure.
Section 7054 prohibits use of school district or community college district funds, services, supplies or equipment for partisan political purposes. Violation of the section may be prosecuted as a misdemeanor or a felony.
As you may know, Government Code section 23500 provides that the district attorney is the public prosecutor. Accordingly, the investigation and prosecution of criminal offenses is primarily the responsibility of the district attorney for the county in which the offense occurred. The Attorney General will only intervene if the local district attorney has a conflict of interest or has abused his discretion.
I recommend you bring the information you have pertaining to these matters to the attention of the respective district attorneys' offices. If you have any additional questions, please feel free to give me a call.
Sincerely,
DANIEL E. LUNGREN Attorney General
MICHAEL D. O'REILLEY Deputy Attorney General
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