Cobb County school board chair condemns transit tax using school website

Other county leaders push back on using taxpayer-funded site to ‘campaign’ against a ballot initiative
Cobb County School Board member Randy Scamihorn, center, and Leroy "Tre’" Hutchins, right, start the public portion of the meeting with award acknowledgment at the monthly meeting Thursday, June 9, 2022. (Jenni Girtman for The Atlanta Journal-Constitution)

Credit: Jenni Girtman

Credit: Jenni Girtman

Cobb County School Board member Randy Scamihorn, center, and Leroy "Tre’" Hutchins, right, start the public portion of the meeting with award acknowledgment at the monthly meeting Thursday, June 9, 2022. (Jenni Girtman for The Atlanta Journal-Constitution)

Republican Cobb County school board Chair Randy Scamihorn is facing an onslaught of criticism from other county leaders after he took direct aim against the County Commission’s transit referendum in a message to school system parents.

A letter titled “Just the Facts,” attributed to Scamihorn and posted to the Cobb County Schools website, says the transit tax is “bad for Cobb County” and “would dramatically increase the transience of students and families from the metro, into and out of Cobb County” which he said would negatively impact student performance.

“Almost without exception, the more students move to and from your child’s school, the more you will see poor academic performance and a higher rate of discipline issues,” he wrote. “If passed, (the transit tax) will prove to be an anchor for the next two generations of Cobb residents, weighing our children and grandchildren down with the debts of Cobb’s current dysfunctional politics.”

The County Commission has proposed a ballot referendum for a 1% mobility Special Purpose Local Option Sales Tax that would generate $11 billion over 30 years. If approved by voters, the funds will go toward new bus rapid transit, more robust local bus routes, and a county-wide, on-demand microtransit program.

A statement responding to Scamihorn’s message sent from the Cobb County government condemns the language in the message as “incendiary, vague, and misleading.”

“We are extremely disappointed and concerned that the Cobb County Board of Education Chairman would use a taxpayer-funded platform to advocate against a referendum proposed by another local governmental entity,” the statement says. “Cobb County Government will continue the ethical practice of educating residents about this and any other upcoming referendum or ballot measure. We value the proper and legal use of our residents’ taxes and prefer to let voters decide these ballot measures on merit.”

The county legal department’s position is that state law prohibits local governments from using taxpayer dollars to advocate for or against any ballot initiative or candidate, county spokesman Ross Cavitt said.

“If they came out and put on the school website to vote yes or no, or for a certain candidate, or anything else, that would be so egregious. This is absolutely no different,” said Erick Allen, chair of the Cobb Democratic Party.

In an interview, Scamihorn defended his message and said it was not an opinion.

“I would say that any 30-year tax is bad for Cobb County and any other county,” he said. “Five years is plenty of time, and it gives our voters, our citizens, a chance to reassess whether we’re using their taxpayer money in a good way or not. So I mean, again, I don’t see how that’s an opinion, to let our voters have a say more frequently than a half a lifetime.”

When asked to respond to accusations of misusing taxpayer funds, Scamihorn said, “They’re absolutely wrong.”

“My obligation to the public is to let our constituents, our voters, our parents know what may affect them and the schools,” he said. “Where did I advocate for anything?”

Edward Queen, a faculty member at the Emory Center for Ethics, said it is “significantly questionable for an elected official ... to use a public entity’s space to basically promote a political position.”

“It gives the impression that this is a statement of the school board, of the office, of the entire school system, and arguably may be perceived by employees as potentially intimidating,” Queen said.

Allen questioned whether someone should file an ethics complaint against schools Superintendent Chris Ragsdale and the school district’s communications department for “misuse of taxpayer funds.”

Ragsdale could not immediately be reached for comment late Friday afternoon.

Heather Tolley-Bauer, who heads a local watchdog group called Watching the Funds that monitors the school district’s spending, also said Scamihorn’s message is akin to campaigning with taxpayer dollars.

“It is consistently being used for spinning a particular story and narrative that the district and certain members of the Board want to put out there to parents,” Tolley-Bauer said. “It’s an abuse of millions and millions of dollars’ worth of resources that taxpayers have funded.”

This is the second time in recent months when the school district and board have come under fire for overtly political messaging to parents. In October last year, attorneys representing the school board in the ongoing lawsuit over its district map drew criticism for lambasting “leftist political activists” through the school district’s messaging platform.

Board member Leroy "Tre'" Hutchins watches public commenters speak during a Cobb County School Board meeting in Marietta on Thursday, July 15, 2021. This school board meeting was the first full meeting to allow the public in to view without restrictions since February 2020. (Christine Tannous / christine.tannous@ajc.com)

Credit: Atlanta Journal-Constitution

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Credit: Atlanta Journal-Constitution

“It’s sad that we would allow our district communication platform to be hijacked by rhetoric that does not necessarily align with, ‘How are we going to support students?’” Democratic school board member Leroy “Tre’” Hutchins said. “But again, it’s election season, so I guess that’s how we campaign these days.”

The school board is the last Republican-led governing body in Cobb County after a “blue wave” won a majority on the Board of Commissioners and several county-wide positions in 2020. Terms for the three Democratic commissioners and four school board members all end this year, making 2024 an election year that could once again alter the political makeup of county leadership.

Local school boards across the U.S. have become political battlegrounds for hot-button issues in recent years, and Cobb County has had no shortage of controversy.

Tolley-Bauer called out Scamihorn’s “hypocrisy” after he wrote that he won’t be deterred by “distractions from some folks who are trying to make your child’s school into a social playground.”

“Well, congratulations: You just got involved in something that has nothing to do with educating our kids,” Tolley-Bauer said.