Oh well.
There is no penalty attached to the misstep, according to the Salt Lake County District Attorney's office. Research found that lawmakers, in passing the statute, only advised that city employees "may not use municipal equipment while engaged in political activity."
Because "no action is required, I am closing this matter," D.A. David Yocom wrote Anderson Monday.
Yocom's office didn't directly say Anderson violated the statute - it didn't have to since Anderson already has admitted his mistake.
The district attorney, a Democrat, believes he likely will be criticized for his lack of action against Anderson, also a Democrat. He anticipates hearing complaints from Republicans in light of his office's prosecution of Salt Lake County Mayor Nancy Workman. Workman and her Republican supporters have accused Yocom of being politically motivated by charging her with misuse of public funds.
"I'm sure you will hear [state GOP vice chairwoman] Enid Greene and [County Councilman] Russell Skousen and [GOP Chairman] Joe Cannon and others . . . saying, 'Yocom treats Democrats differently.' All we did is research the law," Yocom said.
But there has been no such clamor.
"In [Anderson's] case, I don't see any political motivation in it one way or another," said Skousen, who had criticized Yocom over Workman. "It doesn't change my view of how Yocom does things. In this instance, it's an appropriate response."
Anderson had asked for the review after he looked at the law and decided he probably had violated it. He used his city computer and telephone to arrange political meetings, and to discuss advertising and other campaign matters with his campaign staff. Since the 2003 election, he has also used it to work on other campaigns, such as Salt Lake County mayoral candidate Peter Corroon's and the fight against a constitutional amendment defining traditional marriage.
City Council members also have used their city accounts to discuss campaigns. Yocom said in an interview that while he wasn't asked to investigate council e-mails, "I'm sure the same [analysis] would apply."
Anderson is vacationing in Germany. His spokeswoman Deeda Seed said she wasn't surprised by Yocom's decision.
She said the city will need to clarify the use of e-mail, though a policy exists that says city computers cannot be used for campaigns. The mayor may also lobby to change the law "so it is more realistic and useful. If [lawmakers] work through it, they may find that it's an unworkable statute."
If incumbents aren't allowed to conduct some campaign business from City Hall, "you're going to have incumbents . . . who are literally missing in action," she said.
Rep. Neil Hansen, D-Ogden, sponsored the statute that passed the 2000 Legislature. He said Monday he didn't intend for the law to apply to elected officials because they are on duty 24 hours a day. "They are in politics. That is their job," he said.
However, he said if politicians used city equipment, such as the copier, to create campaign material, that becomes problematic because it costs taxpayer money. Sending e-mail and making telephone calls don't.
Instead, the law was meant to govern nonelected city employees who do have personal time. As for the lack of a criminal penalty, Hansen said municipalities could handle infractions through their personnel departments.
