-2-the Affidavit of Thomas E. Brinkman, Jr., as Exhibit B. The pertinent provisions of theAmended Agreement for purposes of this litigation are the following obligations
Section 2 of the Agreement specifically provides that “
CPS will strictly enforce a policy
of preventing … Other Political Advertisements on CPS Property
” In turn, Section
1(c) of the Agreement defines
“Other Political Advertisements”
electronic materials or messages advocating in upcoming elections … the passage or defeat of ballot issues, … including without limitation…seeking funds, volunteers or
es to advance any such … issue
Section 3 of the Agreement, as amended, specifically provides that “
CPS will strictlyenforce a policy of preventing CPS Property and/or CPS personnel from being used byCPS for . . . organizational meetings, forums, and the promulgation and distribution of printed and electronic messages advocating
… the passage or defeat of all ballot issues
. . . .
CPS will use reasonable efforts to prevent such communications using CPSProperty or CPS Personnel.
Background and introduction
.Prior to filing the Complaint in this matter, Plaintiff Thomas E. Brinkman, Jr., requestedand obtained certain public records from CPS that revealed certain political activities were beingconducted on CPS Property, as well as involving the use of CPS Equipment and CPS Personnel.
Such political activity appeared to be focused upon, though was not necessarily limited to,
assisting the campaign that advocated a “yes” vote
for a school levy that was appearing on theballot in the most recently held election. For the limited records which Mr. Brinkman hadreceived revealed what could best be described as a conspiracy between CPS, the CFT,
“CPS Property” refers to the real property and improvements,
, buildings, parkinglots,
, owned by or leased to CPS; “CPS Equipment” means computers, copiers, bulletin
boards, and other personal
property owned or controlled by CPS; and “CPS Personnel” means
employees or agents of CPS on time while being paid by CPS to perform official CPS duties.
CFT is the collective bargaining unit representing the teachers within CPS.