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WASHINGTON - A Texas attorney specializing in nonprofit organizations complained to Brigham Young University that the LDS Church-owned school may have violated the law when two officials in their formal capacity sought supporters and volunteers for Massachusetts Gov. Mitt Romney's expected presidential campaign.
Alan Gluth, president of the El Paso, Texas, chapter of the BYU Marriott School of Management alumni association, objected to an e-mail sent from the school's dean and associate dean trying to assemble a network of Mormon supporters by using the nonprofit alumni group, according to documents obtained by The Salt Lake Tribune.
"First, let me point out that, on a personal basis, I'm a strong supporter of Mitt Romney and would love to see him run for president in 2008," Gluth wrote in an e-mail to four members of the BYU general counsel office.
"Notwithstanding my personal political approval of the e-mail . . . the e-mail does trouble me somewhat from [a tax] exempt organization legal standpoint."
He went on to say that the e-mail sent by the Ned Hill, dean of the management school, and associate dean Steve Albrecht "appears to violate the political activity rules" under U.S. tax code and other regulations.
"I'm sure that the e-mail was sent innocently, but I felt that it would be appropriate for me to bring it to your attention," Gluth continued. "I would hate for some political action group to obtain the e-mail and throw this matter into a public forum, which, in turn, could cast the university in a bad light in certain political circles."
The BYU e-mail was sent shortly after a consultant for Romney discussed in an e-mail how The Church of Jesus Christ of Latter-day Saints had a point man in the faith's hierarchy to coordinate efforts between Romney and the church, and that Mormon leaders were aware of the "Mutual Values and Priorities," or MVP program.
Don Stirling, a paid consultant for Romney's Commonwealth political action committee (PAC), said Jeffrey Holland, a member of the church's Quorum of the Twelve and a former BYU president, suggested using the BYU business alumni association to set up the Mormon network. Stirling's e-mails to the head of Deseret Book Co., a for-profit business owned by the LDS Church, was obtained and first reported by The Boston Globe.
The church has strongly denied any coordination with Romney and reiterated its long-standing claim of political neutrality. And Romney's spokesman says Stirling went over the top in e-mails he sent to Sheri Dew, CEO of Deseret Book.
Gluth, a self-described Republican, confirmed Monday he sent the complaint to BYU attorneys because he thought it was wrong for the nonprofit to be used for political activity.
"It did concern me," Gluth said in a telephone interview from his El Paso office. "And if you have a copy of the e-mail, that reflects my concerns in some detail and I thought it was appropriate to bring it to the attention of the parties at BYU, the general counsel's office."
Asked if he feels satisfied with the response from BYU, Gluth said he received an acknowledgement of the complaint but heard nothing else from school officials.
"I would like to think that BYU has now informed and educated all of its department heads and other officials regarding the basic political restrictions applicable to the university and its related entities" under IRS rules, Gluth said.
BYU spokeswoman Carri Jenkins said school officials asked Hill and Albrecht to cease any further such e-mails. The two were not disciplined, she added.
The two deans have not responded to Tribune requests for interviews and BYU attorneys contacted Monday referred all inquiries about the concerns raised by Gluth to Jenkins.
The original e-mail sent by Hill and Albrecht went to some 50 members of the Management Society and 100 members of school's National Advisory Committee.
"We are writing to you as a friend to see if you have any interest in helping Governor Romney by volunteering to serve as a community or neighborhood chair," the deans' e-mail said. "Governor Romney's chances for success are significantly enhanced and energized by people, such as you, who are willing to help him at the grass-roots level throughout the United States."
Sending out an e-mail on BYU accounts is a breach of IRS rules about political activity. A spokesman for the IRS said Monday the agency cannot confirm or deny any investigation or audit.
Jenkins said BYU has not been contacted by the IRS in the matter.
On Sunday, Romney's longtime friend and Utah developer Kem Gardner took the blame for what he said were "innocent" discussions that were exaggerated by Stirling in e-mails to Dew.
As of Monday evening, Stirling had not returned phone calls seeking comment.
Dew, in an e-mail interview Monday with The Tribune, elaborated on a previously issued one-line statement distributed by the church denying any Deseret Book involvement in an effort to boost a Romney candidacy.
"As a courtesy to Don Stirling, who was an employee of Deseret Book when he left to work at the Massachusetts Sports Authority, I was willing to hear him out about a proposed fundraising plan," Dew said. "After hearing Don out, however, it became evident to me that there wasn't anything I could or should do to help with the fundraising effort. It addition, it was obvious that Deseret Book should not and would not do anything to support this effort either.
"So far as I know, Deseret Book has never been asked to assist or support any candidate," Dew said, adding customer lists "are not available to any political candidate for purchase."
Gardner told The Tribune, "We know Mitt can't use the church. . . . Nobody wants a Mormon presidential campaign. It would kill us with the evangelical groups."
Sen. Orrin Hatch, R-Utah, a Mormon who ran an unsuccessful presidential campaign in 2000, said he knows "from firsthand experience that the [LDS] Church is extremely dedicated to" its stated position of political neutrality.
He said it is only natural Romney will reach out to Mormons as he considers a bid for the White House among his "many natural bases of support. . . . But Governor Romney has done - and will do - a good job of separating his political and religious beliefs."
So far, the story about Romney's reported consultation and coordination with the LDS Church apparently hasn't penetrated the voters he has been courting during the past year in exploring a presidential bid. If Romney decides to run for president, observers say his biggest hurdle will be convincing evangelical Christians - the core of the Republican base - that his Mormon beliefs are not out of the mainstream.
Rick Beltram, a Presbyterian and chairman of the Spartanburg County Republican Party in South Carolina, a community Romney has visited four times, said he read about the controversy but that it has not appeared in any of the local press.
"I don't think it got any traction down here," Beltram said. "We are paying attention to the last two weeks of our campaign here. It's kind of like running a story on July Fourth. People aren't really paying attention."
Rich Hanley, director of the graduate program at the Quinnipiac University School of Communications, said there's no question the story right now will fall into the ''fog.''
''This is just going to be one more bit of info that people are going to ignore,'' he said.
But later in the campaign, if Romney decides to run and becomes a force, the news will resurface, Hanley said.
''Opponents to Romney can just sit on it and wait to the appropriate moment of the '08 campaign and let it out,'' Hanley said. ''That of course raises questions about Romney and his association with the Mormon church.''
Even if the controversy is really about an overzealous campaign consultant and the church wasn't involved in boosting Romney, Hanley said, perception is reality in politics.
"In reality this isn't a big deal," he said. "It's just that in this case, because of the candidate's intention to separate himself from the church, this brings him back to the church."
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* Tribune reporter PEGGY FLETCHER STACK contributed to this story.
* The day Texas attorney Alan Gluth got an e-mail proposing a Mormon network-based campaign strategy for Mitt Romney's expected presidential bid, he warned that Brigham Young University's involvement may violate federal tax law.
* DON STIRLING: A paid consultant for Romney's political action committee, first met him while working on the 2002 Olympics.
* KEM GARDNER: A close friend since 1980s, political adviser; was instrumental in getting Romney the job as head of SLOC.
* JEFFREY HOLLAND: A member of the LDS Quorum of the Twelve and former president of Brigham Young University.
* NED HILL: Dean of BYU's Marriott School of Management; an acclaimed author of books on various financial matters.
* STEVE ALBRECHT: Associate dean of the Marriott School of Management; certified public accountant and fraud examiner.