WESTFIELD — The Westfield Public Schools district is working to get a third-party, pro-referendum advertisement taken down from social media and other online sources in an effort to avoid false representation and ethical challenges ahead of April’s vote.

The ad, which was partially shared with the The Westfield Leader and Union County HAWK by a local resident, encourages Westfield voters to support $168-million worth of bonds in order to “enhance safety measures and leverage frontline security screens” and concludes with “Your schools. Your kids. Fix the Problems. Vote Yes on Tuesday, April 15.”

And while the ad uses the Westfield Public Schools logo several times and shares images of classrooms and facilities, a small disclaimer at the end of the ad reveals that it was created by a Political Action Committee (PAC) known as Building Better Communities, Inc., rather than by the district itself.

“After identifying voters who would be likely to support new school infrastructure, we will turn our messaging to get out the vote efforts. We will mobilize our membership organizations, their members, our partners and volunteers to support and ultimately help pass the referendum,” the PAC claims via its website. The organization is located in West Orange and is chaired by A.J. Sabath, New Jersey’s former Commissioner of Labor and Workforce Development.

Justin Braz, the PAC’s executive director, said that while the organization is not directly connected to Westfield, “our group is committed to advocating for the betterment of educational facilities and programs throughout the state. Critically important projects are on the ballot Tuesday, April 15th and we believe parents and taxpayers deserve to have all of the relevant details on these questions.”

Administrators and other school officials have been publicly discussing the referendum — which, if approved in its entirety, would allow the district to implement full-day kindergarten, upgrade its facilities and finance additions to six out of its 10 schools — since last year. State ethics laws, however, prohibit the district from using taxpayer money to attempt to sway the vote.

According to information provided by the New Jersey School Boards Association (NJSBA) and a 1953 State Superior Court case ( Citizens v. Parsippany-Troy Hills, 13 N.J. 172 (1953), “the public funds entrusted to the board belong equally to the proponents and opponents of the proposition, and the use of the funds to finance not the presentation of facts merely but also arguments to persuade the voters that only one side has merit, gives the dissenters just cause for complaint.”

And while the district may not be responsible for the one-sided advertisement, an informational video that it released earlier this month raises questions about the district’s ability to inform the public without swaying the vote.

The video, unlike the advertisement, was paid for by the district using taxpayer funds and does not explicitly say to vote yes.

“It is important to note that subtler advocacy than “vote yes” is still improper,” the NJSBA notes via its website. “As noted [in Enterline v. Board of Education of the Township of Hillsborough], phrases like ‘An approved referendum enables us to continue providing the quality education our children deserve’ and ‘responsibly planning…is what the March 28 bond referendum is all about’ were functionally exhortations.”

The district’s eight-minute video, which touts the benefits of the referendum, contains several such phrases, including “this plan reflects our unwavering commitment to maintaining safe, sustainable and future-ready schools,” and “a voter-approved bond referendum will let Westfield renovate existing spaces to meet modern needs.”

The video goes on to explain that the bonds, if approved, will support numerous necessary improvements throughout the district, including a new HVAC system, air conditioning, new media centers, better special-education services and full-day kindergarten services — all of which will afford “the opportunity to bring tax dollars back home through an approved referendum.” It also explains that a growing need for one-on-one instruction has led to students attempting to learn in “hallway nooks, former copy rooms, or converted supply closets.”

“Given the size, complexity and importance of the bond referendum, the board of education and administration believed that it was critical that we invest in additional professional resources to assist us in providing accurate and timely information to the community,” Superintendent Raymond González, Ed.D., said, speaking with The Leader/HAWK earlier this week, “The need for clear and consistent information was also a priority expressed during the meeting of our community advisory committee.”

In September of last year, the Westfield Board of Education voted to approve a contract for communication services billed at an hourly rate of $125 (with a cap of $50,000) and agreed to foot the bill for up to $18,000 in video production costs.

“These services will help ensure that all stakeholders have access to the facts they need to make informed decisions,” Dr. González said.

After press time Dr. González said, “As a public school district, we have a duty to keep our community informed about decisions that shape the future of our schools. The materials we share are designed to help our community understand how proposed initiatives may support students, educators, and the broader Westfield community.  At the same time, we are fully mindful of the distinction between providing information and promoting a particular outcome. While we outline potential benefits, we also acknowledge the reality that every proposal has financial implications. The decision ultimately belongs to each taxpayer, and we respect that choice. We are committed to sharing information that is accurate, fair, and accessible. Our communications are guided by clear standards to ensure the proper use of public resources. Throughout this process, we encourage questions, feedback, and transparency so our community can make an informed decision.”

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This story was updated after print publication to include additional comments by Dr. González.