BOSTON (AP) — Department of Transportation Secretary Richard Davey yesterday defended a decision to circulate an email outlining a coordinated effort to defeat a proposed ballot question on gas tax hikes, while proposal supporters accused the state agency of ethics violations.
The email, from the account of a department spokeswoman, was sent March 26 to about 19 department officials by state email address. It includes a list of 16 “talking points” that officials can use to argue against supporters “as we gear up to make our push to defeat the gas tax ballot question this November.”
The ballot question asks voters to repeal a new law that automatically links future increases in the gas tax to the rate of inflation. Supporters distributed copies of the email to reporters yesterday, saying it violates Massachusetts ethics laws by expending state time and resources on a political campaign.
Marty Lamb, a lawyer and one of the organizers of the ballot question campaign, said he’s filed a formal ethics complaint and is asking for an investigation.
“The people have a right to know how much of their tax dollars are being used to campaign against the ballot question,” Lamb said. “How many more employees are involved with campaigning on state time?”
State campaign finance laws generally prohibit the use of public resources for political purposes, including ballot question campaigns. Government email is typically considered a public resource.
The email, sent from the account of DOT Assistant Secretary for Communications Cyndi Roy Gonzalez, urges officials to share the talking points with others who oppose the question. It says that if speakers are addressing a local audience the department can provide them with “specific examples of projects that could be jeopardized” if the ballot question succeeds.
Davey told media partner WWLP-TV yesterday that the email was intended to help those in the department better educate the public about the consequences of the repeal effort and provide answers to what he calls “misinformation” about the ballot question.
“I wanted to make sure my team knew as they got questions, exactly what the truth was,” he said.
Davey said the talking points were meant to highlight the $2 billion the state won’t be able to spend on critical transportation projects if the repeal succeeds and the anticipated tax revenue is lost.
“I’m not sure that’s campaigning,” he said. “I think that’s informing people, which is our obligation as state officials. I think we’ve made it a hallmark of the department to be candid with folks.”
One talking point urges officials and others to put the anticipated future tax increases in perspective when arguing against the ballot question: “What does the inflation tie-in mean for the average driver? Roughly $5 per year — or the price of two cups of coffee.”
Another compares the gas tax to other taxes like the sales or income taxes.
“It only makes sense that the tax on gas change as the price per gallon changes,” the memo says.
The email also notes that before the state gasoline tax jumped 3 cents last year — from 21 cents per gallon to 24 cents — it had been 22 since the state last increased the gas tax.
