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By gum! State election law has no teeth
This is an archived article that was published on sltrib.com in 2004, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

The District Attorney's Office hasn't said if it will prosecute Mayor Rocky Anderson for apparently violating state election law when he used his city e-mail to conduct some re-election business in 2003.

But now the office might have more e-mails to investigate.

Turns out, some Salt Lake City Council members also used city e-mails to discuss their own campaigns or those of other candidates, according to records released this week. And Anderson used his work e-mail to campaign for others, including Democrat Peter Corroon, who is running for Salt Lake County mayor.

District Attorney David Yocom hasn't released his findings on Anderson. But apparently there are no penalty provisions for breaking the state law, which says city employees cannot use municipal equipment for "political activity."

Salt Lake City policy further clarifies that to mean employees cannot use computers, office phones or cell phones to produce campaign literature, schedule candidate activities, perform work for a candidate or contact people to encourage them to support a candidate.

Given the e-mail questions, council members plan to revise the policy to clarify what staff and council members should do when they receive campaign-related phone calls and e-mails.

Earlier this month, Anderson asked Yocom to investigate him after the mayor decided he might have breached the law by sending or receiving 140 campaign-related e-mails from December 2002 to November 2003.

In some cases, he arranged schedules with his campaign staff or hashed out ads.

More recently, Anderson sent and received e-mails about a Corroon fund-raiser. The mayor wrote a Corroon staffer about a newspaper article to say "way to go" over the "hammering of [county Mayor Nancy] Workman - mixed with good, positive points about Peter." He also offered advice: "People want hard hitting. That doesn't mean unlikable. It just means clear, effective, willing to fight for what's right."

Anderson sent a draft letter about encouraging support for Democrat Greg Skordas, who is running for Utah attorney general and now represents Workman in her criminal case. The mayor told the Don't Amend campaign - which is fighting an amendment to the Utah Constitution that defines marriage - that he would be "happy to help." His e-mail file shows a copy of a draft letter from him asking for donations against the amendment.

Anderson was out of the country Friday on vacation. His spokeswoman, Deeda Seed, said some of the latest e-mails also might violate state law.

E-mails of part-time council members offered similar - though fewer - examples.

There was back and forth between Chairwoman Jill Remington Love and a Scott Matheson campaign worker about the Love family staging an event for the gubernatorial candidate. And she and Councilman Dave Buhler chatted about Buhler's re-election opponents last year.

Councilman Carlton Christensen received a mass e-mail from the county Republican Party last year urging him to support Molonai Hola, who ran against Anderson and Frank Pignanelli. The race officially was nonpartisan, though Hola is Republican and the other two are Democrats. Christensen wrote back and justified his support of Pignanelli like this: "After serving four years with Rocky . . . virtually nothing is worth another four years with him."

The records show council staffers arranged a meeting between Councilwoman Nancy Saxton and Pignanelli's campaign.

Buhler produced the most e-mails - about 20 - that touched on campaigns. In some cases, he received requests from constituents to donate or talk about the election, and he forwarded those messages to his personal account. Other times he responded on his city account.

Buhler said Friday he doesn't believe he violated state law. He said he used his personal computer, though he does get a computer allowance from the city.

"Occasionally, there were constituents who e-mailed me on my city e-mail," he said. "I would just politely answer them back. I don't really see anything wrong with that. You have to use a little bit of common sense."

hmay@sltrib.com

That's a no-no: SLC's mayor and other officials used city e-mail for political activity, but the law has no penalties
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