Sequoia Healthcare District "electioneering communication"

Sequoia Healthcare District's 2012 Annual Report to the Community Web Link  scheduled to be mailed by the end of October, is clearly driven by a desire to protect the District from an election outcome which threatens to bring about the dissolution of the District. Billed as a "communication" to inform the public, it is filled with heart wrenching anecdotal tales promoting the benevolence of the District. Financial content, which fills less than 7% of the brochure, has serious errors of commission and omission. There is no mention of total expenditures, and there was no room for a copy of the budget in the 4 page 11" x 17" full color brochure. Total Community Support of $10.6 million is overstated by nearly $1.0 million. 

The Supreme Court has identified two categories of communication as being unambiguously campaign related. First, “express advocacy,” defined as a communication that uses specificelection-related words. Second, “the functional equivalent of express advocacy,” defined as an “electioneering communication” that “is susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific candidate.” (Leake, 525 F.3d at 282-83)

In my opinion, the Sequoia Healthcare District "Report to the Community" is an “electioneering communication”, paid for with public funds.

The upcoming election provides voters with a clear choice. Continue the District, which no longer owns Sequoia Hospital, or dissolve it. It is not a question of who best can distribute the property tax dollars previously assessed to operate and maintain Sequoia Hospital.

District CEO, Lee Michelson is responsible for the preparation of the brochure which he claims is not subject to review or approval by the Board of Directors. I have advised him of my concerns, and asked that he delay the mailing. He is currently declining my advice.

I urge the media to shine a light on this activity.