Mayor’s e-mails violated law
Spokane Valley Mayor Mike DeVleming used his city-owned computer to rally support for Republican gubernatorial candidate Dino Rossi last winter, an action that violates state law.
Using public facilities, such as computers and fax machines, to support or oppose candidates or ballot measures is prohibited. DeVleming admitted Tuesday to sending e-mails to communicate with a Rossi campaign consultant and said it didn’t occur to him at the time that his actions were illegal.
“It didn’t really dawn on me,” DeVleming said. “I wasn’t doing any kind of campaigning for myself.”
Since the city incorporated 15 months ago, council members often have commented that they’re learning how to govern as they go.
“It’s one of those deals where I clearly was learning the ropes,” DeVleming said of the e-mail situation.
The Spokesman-Review learned of the 14 pro-Rossi messages, sent between DeVleming, his administrative assistant and two campaign consultants between Jan. 25 and Feb. 17, after obtaining council members’ e-mail records under the state’s public records laws. The messages in question involve DeVleming acting as a Spokane Valley contact point for a Feb. 11, $150-per-plate breakfast fund-raiser for Rossi.
The e-mails are brief, and most contain the subject line “Rossi for Governor – Spokane fundraiser.” In one of the earliest messages, DeVleming confirms that he’s a “table captain” for the event and in charge of finding other people willing to attend.
“I am trying to find 9 folks who are willing to pay $150 for breakfast at the Davenport. Any ideas????” he asks his assistant.
Before filling the records request last week, Deputy City Attorney Cary Driskell spent several weeks reading all the messages to determine if any needed to be blacked out or withheld for legal reasons. DeVleming said that’s when he learned that the Rossi e-mails were illegal.
“He sent me the RCW (state law) and said, ‘Boy, don’t do this again,’ ” DeVleming said.
Sally Jackson, chairwoman of the Spokane County Democratic Party’s District 4 branch, said she was insulted by the discovery.
“The fact that our tax dollars would go toward this, it’s totally against all ethics,” she said.
Jackson said that the council is expected to be a nonpartisan body, and using city-owned facilities to support a Republican – or a member of any party – is offensive.
“I would hope this bothers (the public),” she said.
Doug Ellis, spokesman for the Washington state Public Disclosure Commission, said his agency investigates similar situations occasionally.
“Lots of times it’s just overzealous volunteers that want to get out there and help,” he said. “They need to be aware that you can help all you want as long as you don’t use taxpayer money to influence elections.”
From here, the commission could choose to take no action or investigate DeVleming’s situation. An investigation could be prompted by a citizen complaint to either the commission or the office of Attorney General Christine Gregoire, the leading Democratic contender for governor.
If investigated and found guilty, DeVleming could face a $1,000 fine per offense, up to $2,500.
Other council members are mentioned in DeVleming’s messages as planning to attend the Rossi event, but it appears as though the mayor was the only one to communicate with Rossi’s campaign coordinators via e-mail. DeVleming said he believes that was the case.
“Hopefully everybody will learn from my mistake,” he said.
When asked whether, as the mayor, he is more susceptible to receiving requests from campaigns, he said, “I seem to be maybe the first contact for a variety of different groups and organizations.”
During the four-month period of e-mails requested by The Spokesman-Review, DeVleming received and sent 2,229 messages. Other council members received and sent between 23 and 1,212 messages during that time, according to the records submitted by the city.