Mark C. Goulet A A mgoulet?lwabsamom

Attorney at Law (512) 454-6864, Ext. 615
TREVINO RUSSO 3L KYLE 

March 21, 2018

Mr. Cleve W. Doty via email: elevation/@oagiexasgov
Assistant Attorney General US. First Class Mail
Attorney General?s Of?ce

Administrative Law Division

P. O. Box 12548

Austin, TX 78701-2543

Re: Elgin Independent School District
Dear Mr. Doty:

This firm represents Elgin ISD with regard to the issues raised in your ?Request to Cease
and Desist? letter dated March 16, 2018. Please direct further inquiry and communication
regarding this matter to my attention.

At the outset, let me clearly state that Elgin ISD agrees with your statement that school
districts ?may not use state or local funds or other resources to electioneer for or against any
candidate, measure, or political party.? This is clearly established in statute. We do not, however,
share your Opinion that Elgin ISD has violated the law in this regard.

Elgin ISD Superintendent Dr. Jodi Duron maintains a Twitter page, and that page was set
up by Dr. Duron on her own time, and at no expense to the school district or the public. She uses
a personal device to post messages that are her personal speech. No person, school employee or
otherwise, assists with this account. I?m sure you would agree that it is common for public of?cials
to maintain a presence on social media. Our president and our governor certainly do. One of the
elected Texas Supreme Court Justices has famously earned the nickname ?Tweeter in Chief.? In
an effort to clarify that the account is hers and not the school district?s, Dr. Duron has changed the
Twitter user name on the account from Superintendent" to ?Jodi Duron.? Further, Dr.
Duron has added wording on the account stating ?Opinions stated herein are my own.? I would
be interested in the opinion of your of?ce as to these facts vis-a-vis Texas Election Code, Sec.


As to the two posts cited in your letter from the ?Elgin ISD Twitter account, those
posts have been removed. The Elgin ISD HR Twitter page is intended to serve as a conduit of
information from the District?s Human Resources Department. Approximately five persons have
access to post messages to this account. In the past, clear guidelines have not existed to regulate
the content of the messages posted on this Twitter account. Elgin ISD is developing such
procedures and guidelines to ensure that this account (and any other Elgin ISD social media

Centennial Towers, 505 East Huntland Dr.. Suite 600. Austin. Texas 78752 PD. Box 2156. Austin. Texas 78768
512.454.6864 I F: 512.467.9318 

Cleve W. Gory
March 21,2018
Page 2

accounts) contains official messages from Elgin ISD and its Human Resources Department, and
is not used for the personal speech of any employee.

I look forward to a dialogue with you toward resolving any Outstanding yoor
of?ce may have in this regard. To this end, please reply with any comment or questions you may
have.

Sincerely,
Mark C. Goulet
cc: via email:
Dr. Jodi Duron
Superintendent of Schools

Elgin Independent School District

Mr. Byron Mitchell
President, Elgin ISD Board of Trustees