(Good job, Nate! – promoted by JulieWaters)
UPDATE: A Call For You to Act, please. (We can't forget to say, “please.”)
Please call WCAX, WPTZ, Burlington Free Press and Vermont Press Bureau this afternoon and tomorrow. Please be willing to offer your quote on this issue. This is your opportunity to affect the decision with more influence than your vote.
What you need to know: The AG met on this issue and has taken the position that there is no legal violation here. However, please call the print and television reporters in follow up.
Here is my official response for the record. Please call and follow up in similar vien. Thanks for your help.
“While the AG has made a decision in regard to the law, Douglas has clearly violated his own Code of Ethics. Amazingly Douglas is now questioning the integrity of former Governor Dean, who reimbursed thousands of dollars to Vermont taxpayers over 5 election cycles. The question of integrity lands at the feet of Governor Douglas as he refuses to accept his responsibility to and continues to pass the blame to anyone else he can accuse.”
Two weeks ago Shay Totten broke the story about Jim Douglas campaigning on the taxpayer dime in “The Governor's Free Ride.” In his report, Totten refers to Vermont's Personnel Policies & Procedures regarding the appropriate — and inappropriate — use of state property.
Yesterday, Gaye Symington added Governor Douglas' 2003 Executive Code of Ethics as she demanded accountability on this issue.
In addition to the inappropriate use of state proprety, Symington called out Jim Douglas for his use of state funds to support his campaign. Douglas has now repeatedly dismissed this concern, despite the fact that every government official, business owner and private accountant understands that co-mingling of funds violates standard practices and general rules of accounting.
To make a comparison, every business owner in Vermont is well aware that co-mingling of business and personal funds is neither ethically correct nor legally accepted. In the private sector, such co-mingling of funds carries the risk of an audit, fines, penalities and possibly legal charges from the IRS.
Prior governors separated official business expenditures from their private campaign expenses, reimbursing the state when the expenses overlapped in a way they could not prevent. Vermont's other statewide elected officials, including the Auditor, Treasurer and Secretary of State, would not be excused for co-mingling public resources within their private political campaigns. Despite the standards practiced by every other leading official in Vermont government, it appears that Governor Douglas feels he is “beyond reproach” and therefore not required to separate or reimburse public expenses from his campaign in 2004, 2006 and now again in 2008.
How much money are we talking about? Without transparency or the use of standard accounting it's impossible to know for certain. According to Totten's “The Governor Gets a Free Ride,” Howard Dean reimbursed Vermont taxpayers to the tune of $7500 over 5 election cycles. But Douglas has been a bit more lavish on himself than Howard Dean. One of his first initiatives as Governor in 2002 was to give himself a raise in salary by more than $30,000. Add to this circumstantial evidence Douglas' constant trips around the state, and it's even more difficult to estimate expenses incurred for his security detail.
This isn't the first time Jim Douglas has turned his back on his empty Code. In April of 2007 Douglas appointee, Neale Lunderville, attempted to bribe Representative James Fitzgerald. As reported by Ross Sneyd, Fitzgerald said Lunderville offeed $50,000 for a highway project in Fiztgerald's district in exchange for a “no” vote on major budget bill. At that time, Douglas defended his former campaign manager, then Secretary of Transportation. Lunderville has since been promoted to the highest post in government for politcal appointees as Douglas' Secretary of Administration.
Both then and now, Douglas has participated in clear violations in ethical practices and standards of conduct. Additionally, he has refused to take corrective action. In 2007 House Speaker Gaye Symington wrote a formal letter to the governor in response to Lunderville's bribery attempt, calling for the creation of a state ethics code in law. Douglas refused, suggesting that members of both the executive and legislative branch are, “people who for the most part are above reproach.”
People above reproach should not be people above the law. Perhaps this is why Jim Douglas refused to help Symington strengthen the code of ethics with the force of law.
How much value do Vermonters place in the ethical practice of government? Do business owners and accountants believe that the IRS will overlook obvious co-mingling of professional and personal funds? How do we hold our public officials accountable when we are told they are “above reproach?”
Two days ago, Alaskan Senator Ted Stevens was convicted of lying about financial gifts he recieved from an oil pipeline services company, and yet he continues to run as a candidate for office. While Jim Douglas hasn't engaged in criminal activity, his easy dismissal of ethics violations and personnel policies echoes the perplexing audacity of politicians who don't accept the fact that they must be held accountable. The only measure of accountability preventing Ted Stevens, a convicted criminal, from continuing his campaign as an incummbent, is the force of peer pressure.
Since Governor Douglas refuses to measure up to his own standards of conduct and Code of Ethics, Vermonters must hold him accountable on November 4th. A governor who dismisses ethical violations should be summarily dismissed from office.
UPDATE, Oct. 30, 11:25am: Formal Complaint filed with AG below the fold. Times Argus article and link provided.
From the Times Argus:
Freeman calls for ethics investigation 11:33 a.m. October 30, 2008 By DANIEL BARLOW Vermont Press Bureau
MONTPELIER – A Northfield Democrat on Thursday asked the Vermont Attorney General’s Office to investigate Republican Gov. James Douglas’ re-election campaign for allegedly using public resources for political purposes.
Nate Freeman, a candidate for lieutenant governor during the Democratic primaries, sent a formal request to the Attorney General accusing Douglas of violating state campaign finance law.
The move comes a day after Democratic candidate for governor Gaye Symington accused Douglas of not following in former Gov. Howard Dean’s footsteps by reimbursing the state for travel expenses related to his reelection campaign.
“From a legal perspective, Douglas is violating campaign finance law by co-mingling public and private funds,” Freeman wrote in his letter to the Attorney General Thursday.
The Douglas campaign has denied misusing public funds.
If the Attorney General does investigate the Republican incumbent, it would be the second campaign finance flap in the gubernatorial race after independent candidate Anthony Pollina was accused of accepting individual donations higher than allowed. He won that case earlier this month in court.
Contact Daniel Barlow at Daniel.Barlow@timesargus.com.
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To: The Attorney Generals Office
From: Nate Freeman, Northfield, VT
October 30th, 2008
I hereby offer my formal complaint against candidate Jim Douglas in reference to violations of campaign finance law for not disclosing the use of public resources and expenditures in pursuit of his candidacy for re-election to the office of governor.
In addition to this complaint I offer the following context and considerations for your review.
1. From a legal perspective, Douglas is violating campaign finance law by co-mingling public and private funds. Furthermore, he has not offered general accounting practices in delineating public expenditures such as the use of security details in his campaign finance reports.
2. From a policy perspective, it appears to me that Douglas is either gifting or loaning himself public resources and funds via campaign expenditures. In addition to the question of ethics, this activity runs counter to Personnel Policies and Procedures.
3. In regard to the Code of Ethics, Douglas holds himself unaccountable to ethical violations. He holds his appointees to a higher standard than he accepts for himself. The Code of Ethics is only enforceable by himself or his designated agent.
4. Douglas needs to answer a legitimate, valid and timely questions: “Why should Vermonters accept his argument that he is “above reproach” in respect to ethical issues? How can Vermonters reasonably accept his arguments against the precedence of Howard Dean over a period of 5 terms? Is this the standard Vermonters should accept from public officials, and if so, what are the limitations on the use of public expenditures for the use of campaigns by incumbent elected officials. Does his standard apply to other statewide office holders, including the Lt. Gov., Treasurer, AG, Auditor and Sec of State?”
5. There is a pattern of Douglas turning a blind eye to ethical issues, including the allegation of bribery against appointee Neale Lunderville in April 2007. While this issue was resolved through a diplomatic handshake agreement, are Vermonters to assume that any and all ethical questions will be determined exclusively by the Governor or his designated appointee? Will all ethical issues, including allegations of legal violations such as bribery, be determined by the Governor now and in the future?
Thank you for your time and consideration in this matter.
—
Nate Freeman
Freeman's Upholstery Shop, Inc.
Green Mountain Kitty Litter, Inc.
109 VT RTE 12A
Northfield, VT 05663
(802) 485-4428