A local activist claims the Davis School District violated Utah law.

Ronald Mortensen e-mailed Utah Attorney General Mark Shurtleff this week alleging the school district used taxpayer dollars to send residents a mailer encouraging voters to approve a $250 million bond and did not include an opposing viewpoint.

"When tax consuming entities use taxpayer funds to push higher taxes and increased spending, it is not only unfair but it is also highly unethical at the very least," Mortensen wrote in an e-mail from Senegal where he is doing humanitarian work.

The Davis School District recently distributed a brochure outlining the proposal and the need to build more schools and educational resources in the county.

The school district is absolutely confident that no state law was broken, said spokesman Chris Williams.

"We sent it out as a strictly information piece," he said. "It doesn't say anywhere in it to vote yes for the bond."

The mailer describes that while ballot language says voting for the bond would cause a $156 tax increase for the average home, the school board promises to not increase the tax rate. It makes that pledge by noting more revenue will be generated by future growth, and existing debt is almost paid off, leaving sources that can pay off the new bond.

"The bottom line? Supporting the Davis School District's $250 million bond election on Nov. 3 won't increase your current tax rate," the pamphlet

That document includes "no pretense" of an opposing viewpoint, "not even two lines," said Mortensen, adding that voting against the bond would be a helpful tax decrease during this economic downturn. The brochure notes that voting against the measure would gradually decrease property tax on the average home by $156 over nine years.

Mortensen has written opposition pieces for past Davis County ballot issues. He points to sections in the Utah Code that allow public entities to send factual information but also requires providing equal access to those in favor of and against the measure.

Williams said there were opportunities and deadlines for anyone who wanted to provide an opposing viewpoint.

"We've received nothing, no request from someone interested in doing that," Williams said.

Assistant Utah Attorney General Thom Roberts is reviewing the alleged violation.

mariav@sltrib.com