The question of whether conservative voters will have a vote on Homewood's City Council depends on the outcome of the Ward 3 race, where John Manzelli and Chris Lane are competing in the city's only runoff election on Tuesday.
With only days remaining in the election, questions are being raised about Manzelli's use of the Alabama School of Fine Arts (ASFA) and/or the Alabama School of Fine Arts Foundation (ASFAF) resources for his campaign, with Manzelli saying the resources belong to the 501(c)(3) tax-exempt foundation.
According to the school's website, "Alabama School of Fine Arts (ASFA) is a state-funded public school that provides an intensive specialty-focused education in the arts, math, and science to students with outstanding talent from across Alabama. The school operates under its own enabling legislation, policies, and procedures, guided by a state-appointed Board of Trustees, under whom serves a staff of more than 100 full and part-time administrators, teachers, and support workers."
"In 1976, the school created a private, non-profit support organization—the Alabama School of Fine Arts Foundation—to enlist private sector assistance to address school needs," the school's website says.
The use of either or both is potentially prohibited by law:
State Statute Section 17-17-5: Improper Use of State Property, Time, Etc., for Political Activities
No person in the employment of the State of Alabama, a county, a city, a local school board, or any other governmental agency, whether classified or unclassified, shall use any state, county, city, local school board, or other governmental agency funds, property, or time, for any political activities.
Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office. The prohibition applies to all campaigns including campaigns at the federal, state and local level. Violation of this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise taxes.
Among the resources Manzelli is accused of using were the school's facilities and its digital resources. Manzelli streamed and recorded several videos from the Dorothy Jemison Day (DJD) Theater, one of which has been deleted from his Facebook page. According to the DJD website, "The theater also benefits all areas of Alabama School of Fine Arts (ASFA), providing an environment in which ASFA students learn the inner-workings of performing on a professional stage."
A source authorized to speak on behalf of the school told 1819 News, "The Dorothy Jemison Day theater is the property of the ASFA Foundation, a 501c3 non-profit organization." However, the source clarified, "ASFA does utilize the theater as an active classroom and performance space in conjunction with the Foundation."
"Mr. Manzelli did not have permission from school administration to make any political videos or statements from school or school adjacent property," according to the source.
Manzelli told 1819 News, "I'm gonna echo what, making no contradiction to, about the ASFA, and the ASFA statement. It is my understanding that the Dorothy Jones Day Theater is not state-owned property, and would not have been a violation, and that is why I did it on that property."
One of the bigger concerns came from the parents of a former ASFA student, who left the school nearly a decade ago., The family, who wished to remain anonymous due to fear of retribution, recently received mail from Manzelli, addressed to them by name, that included a two-sided campaign advertisement and a letter that began, "Dear ASFA Community," soliciting "support through yard signs, social media sharing, or simply casting your vote."
Neither the letter nor the double-sided ad included a disclaimer of who paid for it; however, the letter was signed with Manzelli's name and title at ASFA, and the back of the envelope had an address label referencing the ASFA Foundation. The return address on the front of the envelope is the same as the one used by Manzelli's campaign. 1819 News has redacted it as it appears to be a residential address.
"I can't imagine that there would be any other way for him to have gotten that information other than alumni records from the school," the recipient told 1819 News.
When 1819 News asked why the foundation sticker appeared in the campaign mail, Manzelli told 1819 News, "I don't know the answer."
When asked where he got the names and addresses, he said, "I'm not going to answer that question."
According to the Secretary of State's office, "Any paid political advertisement or electioneering communication appearing in any print media or broadcast on any electronic media must clearly and directly identify the entity responsible for paying for the advertisement or electioneering communication. § 17-5-12(a).”
The runoff has focused on public safety, with homelessness and the recent arrest of Black Lives Matter protesters taking center stage.
According to the City of Homewood website, the voting place for Ward 3 in the September 23 election is the Homewood Public Library.
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