CITIZENS FOR CONSTITUTIONAL FAIRNESS

freedomcorner@usa.net
(541)890-3575

PRESS RELEASE
Contact: David Smith
Phone: (541) 890-3575
2016

FOR IMMEDIATE RELEASE

2:00 P.M. April 22,

CITIZENS FOR CONSTITUTIONAL FAIRNESS

APRIL 22, 2016
Friday April 22, 2016 The Elections Division of the
Secretary of State acknowledged the filing of a complaint
by Citizens for Constitutional Fairness alleging violations
of the Oregon Elections law by the Jackson County
Administrator and Jackson County Auditor by conducting
prohibited political activities during working hours. The
complaint alleges that the prohibited activities have been
ongoing over the last two election cycles and in the
current county commissioner race designed to defeat the
re-election bid of Commissioner Doug Breidenthal. With
the opening of an active file today, the Elections Division
is proceeding to gather information to conduct a formal
investigation into the allegations. The Secretary of State
will make a determination as to all of the allegations and
refer any allegations which exceed its civil jurisdiction if
the activities could involve criminal penalties.
CITIZENS FOR CONSTITUTIONAL FAIRNESS
241 SAGINAW DRIVE
MEDFORD OREGON 97504
E-Mail : freedomcorner@usa.net
541-890-3575
Secretary of State

Elections Division
elections.sos@state.or.us
Salem Oregon
The undersigned, a qualified elector of the State of Oregon, legal resident of
Jackson County and an officer of the above named Oregon not for profit corporation,
on behalf of the corporation (and personally, as the la8w may require) pursuant to
ORS 260.345 files the following complaint alleging violations of Oregon Election
Laws:
COMPLAINT
There is currently a contested primary election for county commissioner in Jackson
County. The incumbent is seeking nomination to be the Republican candidate in
the general election. There are two other candidates seeking the nomination.
Certain Jackson County employees have engaged in election related activities which
oppose the re-election of the incumbent and which were conducted in county offices
during work hours. The following allegations, are based upon personal knowledge,
newspaper articles, radio talk show archives, and other information furnished by
credible individuals. We are confident that an investigation conducted by your
office will confirm the accuracy of the allegations and conclude that there are
actionable violations of Oregon election laws committed by County Administrator
Danny Jordan and County Auditor Eric Spivak, and, perhaps other county employees
acting under their direction.
ALLEGATIONS:
1. On October 22, 2015, following the announcement that county commissioner
Doug Breidenthal intended to run for re-election, a complaint was filed with the
Oregon Government Ethics Commission (OGEC) alleging that the incumbent
candidate had violated Oregon ethics law. The complaint filed with OGEC primarily
alleged violations related to the commissioner's successful 2014 campaign for the
vice presidency of the Western Interstate Region(WIR) of the National Association of
Counties(NACo).
The complaint was signed by the Jackson County auditor, an
appointed employee. The complaint was drafted during working hours and appears
to have been prepared as an official act of the auditor who is supervised by the
county administrator. Meetings regarding the ethics complaint have been reported
by the Mail Tribune newspaper which meetings took place in the county court house
among the auditor, administrator and county counsel. The county commissioner
candidate was summoned to a meeting with the same individuals on October 21,
2015 and advised that the complaint prepared by the county employees was going
to be filed.
2. In January of 2016 the county auditor appeared on local radio station KMED and
was interviewed with respect to the allegations in the ethics complaint. The auditor
responded to questioning by the KMED interviewer. He alleged that he acted alone
in the filing of the complaint, however, in an interview reported in the local
newspaper he is quoted as admitting that were others involved, including the
county administrator and the county legal counsel( who was hired by the county
administrator).

3. Over the course of the last several months numerous newspaper articles and
other media reports have followed press releases emanating from county offices, all
of which have had the effect of interfering with the commissioner/candidate's reelection bid.
4. On occasions when the commissioner/candidate has appeared on local radio
station KMED County Administrator Danny Jordan has called into the live program
and challenged the veracity of statements made by the commissioner/candidate.
Credible individuals have disclosed that the county administrator, during working
hours, has been soliciting county employees and officials to oppose the re-election
of the commissioner/candidate. The veracity of the information regarding his
conduct during this election is supported by statements of credible individuals that
the county administrator engaged in similar conduct, soliciting county employees to
defeat another commissioner candidate, during the 2014 election.
His activity,
although unsuccessful (the candidate was elected) demonstrates a pattern of
engaging in political activity which is prohibited by ORS 260.432
ORS 260.432 is required to be posted at the work place of government employees
to prohibit unlawful election activity. In pertinent part the required notice states:
ATTENTION ALL PUBLIC EMPLOYEES: The restrictions imposed by the law of the
State of Oregon on your political activities are that "No public employee
shall...promote or oppose the nomination or election of a candidate, "
All of the above activity appears to be representative of political action, directed
from behind closed doors in the county administrator's office, designed to defeat
the re-election of the commissioner/candidate in direct violation of Oregon ORS
260.432. It also appears that ORS 260.665(2)(d) has been violated.
In the event that some of the above allegations may involve the jurisdiction of
OGEC a copy of this complaint is being forwarded to OGEC. If a violation of ORS
260.665(2)(d), a class C felony, is beyond your jurisdiction please advise if this
complaint should also be referred to the Oregon Department of Justice or another
appropriate agency.
CITIZENS FOR CONSTITUTIONAL FAIRNESS
by_______________________________
David Smith, President