STATE AUDITOR SAYS RYBAK NEWSLETTER IS ILLEGAL
Auditor: Rybak newsletter is illegal
State Auditor Pat Anderson on Friday called on Minneapolis Mayor R.T. Rybak to reimburse the city for his recent $42,000 newsletter because she believes it violates state law.
"While it is appropriate for a city to send out a newsletter to communicate with its residents, it is clear that glossy ... photographs of the mayor and a glowing recitation of his accomplishments do not meet that purpose," Anderson wrote. "Frankly, Mayor Rybak should have saved this brochure for his campaign."
Anderson said she saw the brochure after getting a complaint from a constituent late Thursday and reading about it in the newspaper. She said City Attorney Jay Heffern and the City Council should determine how much Rybak should repay the city for the cost of the newsletter, of which 172,000 copies were made and a copy distributed to each Minneapolis household.
Rybak did not respond directly. His spokeswoman Laura Sether said it's common for elected officials to publish newsletters. "The use of photographs in such pieces is a gray area in state law," she said. "We would welcome any clarification that would apply to all such publications. Our intent is the same as everyone else's -- to inform constituents of issues that directly affect them."
As to whether Rybak would reimburse the city, Sether said, "We will abide by any standard that is applied fairly to all."
The newsletter is the first from Rybak in the three years he has been in office. It comes at the beginning of an election year, as the mayor is facing a challenge from Hennepin County Commissioner Peter McLaughlin. Deputy Mayor David Fey said the timing was a matter of money, that this was the first time the office had enough to put out a newsletter.
But Anderson called Rybak's letter the "most flagrant" violation of state law she had seen during her two years in office. While the law allows politicians to inform the general public of activities, it also says, the "report or publication must not include pictures of elected officials nor any other pictorial or graphic device that would tend to attribute the publication to an individual or group of individuals instead of the political subdivision."
Rybak's eight-page newsletter includes five pictures of the mayor. "The fact that the front headline includes a picture of Mayor Rybak and that the heading on every page includes the words, 'News from Mayor R.T. Rybak' certainly appears to attribute the newsletter to Mayor Rybak and not the city," Anderson said.
Council President Paul Ostrow said he won't be asking Rybak to reimburse the city. "We all send out newsletters," he said. "I'm in the process of sending one out. The issue is always sharing information with constituents about the activities of the city. That kind of information is valid."
He said Rybak's newsletter appears to be "primarily informational."
But Council Ways and Means chairwoman Barbara Johnson said, "I was disappointed. I think it [the newsletter] showed poor judgment." Johnson, who is supporting Rybak's reelection bid, said that if Anderson said the council needs to take action on the reimbursement issue, it will.
Anderson said that while it's common for cities and counties to send out newsletters, this one is problematic because it appears to come directly from Rybak.
"At a time when Minneapolis is having difficulties funding cops, the Office of the Mayor is spending $42,000 of taxpayer funds for the production and mailing of a newsletter that violates state law," Anderson said.
Sether questioned whether Anderson, a Republican, was singling out Rybak for criticism because he's a DFLer and whether Anderson had looked into what Republican mayors send to constituents.
Anderson categorically rejected the suggestion of a partisan motive, and added that her office has received complaints about other newsletters but found them to be legal. Auditors also check newsletters regularly for compliance when they're auditing local governments, she said.
"The purpose of a city letter is to inform the public of city issues, it's not to promote an elected official," Anderson said. "In most cities, the attorneys take a look at the final draft to make sure that's not the case."
Anderson has no enforcement powers but said the mayor's office would be "written up" in an audit by her office. Source: Star Tribune, January 22, 2005
State Auditor Pat Anderson on Friday called on Minneapolis Mayor R.T. Rybak to reimburse the city for his recent $42,000 newsletter because she believes it violates state law.
"While it is appropriate for a city to send out a newsletter to communicate with its residents, it is clear that glossy ... photographs of the mayor and a glowing recitation of his accomplishments do not meet that purpose," Anderson wrote. "Frankly, Mayor Rybak should have saved this brochure for his campaign."
Anderson said she saw the brochure after getting a complaint from a constituent late Thursday and reading about it in the newspaper. She said City Attorney Jay Heffern and the City Council should determine how much Rybak should repay the city for the cost of the newsletter, of which 172,000 copies were made and a copy distributed to each Minneapolis household.
Rybak did not respond directly. His spokeswoman Laura Sether said it's common for elected officials to publish newsletters. "The use of photographs in such pieces is a gray area in state law," she said. "We would welcome any clarification that would apply to all such publications. Our intent is the same as everyone else's -- to inform constituents of issues that directly affect them."
As to whether Rybak would reimburse the city, Sether said, "We will abide by any standard that is applied fairly to all."
The newsletter is the first from Rybak in the three years he has been in office. It comes at the beginning of an election year, as the mayor is facing a challenge from Hennepin County Commissioner Peter McLaughlin. Deputy Mayor David Fey said the timing was a matter of money, that this was the first time the office had enough to put out a newsletter.
But Anderson called Rybak's letter the "most flagrant" violation of state law she had seen during her two years in office. While the law allows politicians to inform the general public of activities, it also says, the "report or publication must not include pictures of elected officials nor any other pictorial or graphic device that would tend to attribute the publication to an individual or group of individuals instead of the political subdivision."
Rybak's eight-page newsletter includes five pictures of the mayor. "The fact that the front headline includes a picture of Mayor Rybak and that the heading on every page includes the words, 'News from Mayor R.T. Rybak' certainly appears to attribute the newsletter to Mayor Rybak and not the city," Anderson said.
Council President Paul Ostrow said he won't be asking Rybak to reimburse the city. "We all send out newsletters," he said. "I'm in the process of sending one out. The issue is always sharing information with constituents about the activities of the city. That kind of information is valid."
He said Rybak's newsletter appears to be "primarily informational."
But Council Ways and Means chairwoman Barbara Johnson said, "I was disappointed. I think it [the newsletter] showed poor judgment." Johnson, who is supporting Rybak's reelection bid, said that if Anderson said the council needs to take action on the reimbursement issue, it will.
Anderson said that while it's common for cities and counties to send out newsletters, this one is problematic because it appears to come directly from Rybak.
"At a time when Minneapolis is having difficulties funding cops, the Office of the Mayor is spending $42,000 of taxpayer funds for the production and mailing of a newsletter that violates state law," Anderson said.
Sether questioned whether Anderson, a Republican, was singling out Rybak for criticism because he's a DFLer and whether Anderson had looked into what Republican mayors send to constituents.
Anderson categorically rejected the suggestion of a partisan motive, and added that her office has received complaints about other newsletters but found them to be legal. Auditors also check newsletters regularly for compliance when they're auditing local governments, she said.
"The purpose of a city letter is to inform the public of city issues, it's not to promote an elected official," Anderson said. "In most cities, the attorneys take a look at the final draft to make sure that's not the case."
Anderson has no enforcement powers but said the mayor's office would be "written up" in an audit by her office. Source: Star Tribune, January 22, 2005
0 Comments:
Post a Comment
<< Home