Sheriff“s complaint dismissed
Election law violation denied
From our weekly issue dated April 07, 2010
A complaint filed by Josephine County Sheriff Gil Gilbertson against jail Deputy Donald Allaire and county Commissioner Sandi Cassanelli has been dismissed by the Elections Division of the Secretary of State“s office.
Gilbertson“s complaint was received by the division Wednesday morning, March 24, according to a date stamp on the document.
“I strongly believe violations of the Oregon Election laws have occurred by both a public employee and an elected official,“ Gilbertson wrote.
In a Feb. 19 e-mail to Cassanelli, Allaire expressed frustration about security at the courthouse and family court facility, both of which are in Grants Pass. Allaire has since filed to run against Gilbertson in the November general election.
“I have been trying to get the court security to be 100 percent of the time the courts are open “ 50 hours each location,“ Allaire wrote.
He claimed that he was met with “dead ends“ when trying to present security solutions to his superiors.
“I have realized the only way I can remedy the situation is to declare my candidacy“ for sheriff, Allaire wrote.
Cassanelli replied to Allaire“s e-mail on Feb. 19.
“I encourage people to share ideas and to run for office,“ Cassanelli wrote. “I“d love to hear about your plans to increase court security. If not soon, then on the campaign trail for sure. Thank you for your concerns and your involvement.“
That exchange prompted Gilbertson to complain to the Elections Division that Allaire used a Josephine County Sheriff“s Office (JCSO) computer, and the agency“s e-mail system, “to present his personal resume, a declaration of candidacy for the Office of Sheriff.“
Gilbertson wrote that Cassanelli “instead of advising this public employee, this was improper campaigning “ decided instead to encourage his political activity.“
The e-mail exchange between Allaire and Cassanelli, Gilbertson wrote, might have been in violation of Oregon Revised Statute 260.432. It states that a public employee “may not promote or oppose a candidate while on the job during work hours; prohibits any person to require a public employee to promote or oppose a candidate while on the job during work hours.“
But in a letter dated March 25 and addressed to Gilbertson, Carla Corbin, a compliance specialist with the Secretary of State“s office, wrote that the complaint was dismissed.
Corbin wrote that the e-mails submitted by Gilbertson as evidence against Allaire and Cassanelli were dated Feb. 3, Feb. 18 and Feb. 19. Allaire did not file his candidacy until March 3.
“Mr. Allaire was not a candidate at the time the emails were exchanged. Therefore, insufficient information was provided to begin an investigation into a violation of ORS 260.432,“ Corbin wrote. “Without sufficient information this complaint is closed and the Elections Division does not intend to pursue this matter further.“
Copies of Corbin“s letter also were sent to Allaire and Cassanelli.
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