Flaherty cleared of election violations

Published 12:00 am Friday, July 18, 2014

Deschutes County District Attorney Patrick Flaherty has been cleared of violating campaign regulations after one of his assistants was accused of being improperly involved in the DA’s failed re-election bid.

The complaint was filed with the Elections Division of the Oregon Secretary of State’s Office on May 9 by Yaju Dharmarajah, the local council representative of the American Federation of State, County and Municipal Employees.

The complaint accused Flaherty’s assistant, Nichole Brown, of acting as “a de facto staff person” in Flaherty’s re-election campaign.

Flaherty lost to challenger John Hummel in that election.

According to Oregon statute, no public employee can command, coerce or require a public employee to promote or oppose the election of a candidate. However, public employees may schedule meetings for a candidate, as long as they do not solicit the meetings.

Dharmarajah’s complaint specified that Brown handled campaign communications with the media and debate organizers, working to schedule meetings and return calls.

As evidence, the complaint cited a story in The Bulletin in which Flaherty directed debate organizers to contact Brown. Also cited is a story in The Source Weekly, which said the newspaper’s calls to Flaherty’s campaign were returned by Brown.

According to Alana Cox, Elections Division compliance specialist, Flaherty and Brown did not violate election laws as Brown responded only to incoming scheduling requests but “did not proactively solicit campaign appearances,” which would have violated law.

“I respect the Secretary of State’s decision and as a citizen will continue to make sure our elected officials and candidates adhere to the law,” Dharmarajah said.

Flaherty’s office did not return a call for comment Tuesday.

Dharmarajah’s complaint also stated that numerous Flaherty campaign signs had been placed on public property, including Bend roundabouts. The secretary of state’s communications director, Tony Green, said the Elections Division does not regulate election signs, except when they are placed within 100 feet of an active election building.

— Reporter: 541-633-2160, tleeds@bendbulletin.com

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