Attorney to investigate letter
Published 12:00 am Tuesday, October 8, 2002
Freeborn County Attorney Craig Nelson will sort out an apparent unfair campaign practices complaint.
Mower County Attorney Patrick A. Oman referred the complaint to Nelson because of a possible conflict of interest.
According to Oman, four county office-seekers brought the matter to Oman's attention in late-September.
The candidates allege Minnesota statute 211.B.15 was violated by a letter on Usem's Inc. letterhead stationery and bearing the signature of Tom Sherman, owner of the business, plus the names of Charles Moline and
Jim Cavanaugh.
Cavanaugh is a Hormel Foods Corporation attorney and Moline operates Corporate Financial Services, Inc.
The letter was addressed to "Fellow Chamber Members."
Dated Sept. 12, the letter read, in part, "You can make a difference by participating in the upcoming November elections and contributing your time and money to candidates who have told us they will be responsive to the needs of business people."
Next the letter offers a partial list of candidates who will "work for the good of the entire community, including business and property owners."
The names listed are Dick Lang and Harry Willmott, Mower County Commissioner candidates, and Dick Chaffee, Mickey Jorgenson and Jeff Kritzer, Austin City Council candidates.
The letter concludes with a solicitation for contributions and the signatory names of Jim Cavanaugh, Tom Sherman and Charles Moline.
Sherman characterized the letter as a "get out the vote letter" and called it a "tempest in the teapot."
Cavanaugh was out of town at a meeting when contacted and Moline had not returned telephone calls.
Sandy Forstner, executive director of the Chamber of Commerce, said, "They acted independently."
According to Forstner, the Sherman, Cavanaugh and Moline letter did not have the Chamber's prior approval to send the letter nor did the trio advise anyone at the Chamber they were going to send a letter.
The Chamber promoted its Sept. 21 candidates forum at the Holiday Inn of Austin in its September newsletter.
Forstner said, "We do give priority to business-related questions at the forums, but we also make every effort to make everything balanced."
Forstner said the Chamber does engage in "issue advocacy," said the charges leveled by critics of the Sherman, Cavanaugh, Moline letter that the Chamber is biased are "unfounded."
Vaughn Bothun, candidate for Jorgenson's 1st Ward council seat, disagreed. "They are a clear violation of the statute," Bothun said.
In a letter to Forstner signed by Bothun, Wayne Goodnature and Richard Pacholl, the trio called for the removal of Moline as the moderator of Saturday's forum at Holiday Inn of Austin.
Moline served as moderator of the Sept. 21 forum.
Today, Forstner confirmed Moline will not be the moderator of Saturday's forum. Instead, Rod Nordeng, president of the Chamber, will moderate Saturday's discussion of issues with Austin city candidates and legislative office-seekers.
Len Miller, incumbent 4th District Mower County Commissioner, called the Sherman, Cavanaugh, Moline letter "unconscionable."
"I have a real problem, when an organization, claiming impartiality, does something like this. It's totally unconscionable," he said.
"The Chamber did nothing wrong," Forstner concluded.
And, Sherman, who said he has consulted with legal counsel, said today, "I don't see where I have done anything wrong."
Lee Bonorden can be contacted at 434-2232 or by e-mail at :mailto:lee.bonorden@austindailyherald.com