O FFICE OF THE SECRETARY OF STATE ELECTION S D IVISION

STEPH EN N . TROUT
KATE BROWN D IRECTOR
SECRETARY OF STATE
255 C APITOL STREET N E, SUITE 501
SALEM , O REGON 97310
ELECTION S (503) 986-1518

January 27, 2010

Gary Schm id t
gschm idt@co.clackam as.or.us

Dear Mr. Schmid t:

On January 13, 2010, this office notified you of a w ritten com plaint alleging possible election law
violations. The com plainant, Alan Grosso, alleges the publication prod uced by Clackam as County
d oes not m eet the required factors to be an im partial d ocum ent prod uced by public em ployees .

ORS 260.432 is the relevant Oregon election law . It prohibits public em ployees from prom oting or
opposing cand id ates, election petitions, m easures or political com m ittees, w hile on the job d uring
w orking hours. ORS 260.432 also prohibits any person from requiring a public em ployee to
participate in such activities. During non -w ork tim e, public em ployees are free to engage in any
law ful political activity.

Oregon election law d oes not cover the expend iture of public fund s. ORS 260.432(2) prohibits only the
use of a public em ployee’s w ork tim e for cam paign activities w hile on the public payroll, and d oes
not regulate the use of public facilities or property for election purposes. ORS 294.100 relates to the
m isuse of public fund s. The Secretary of State d oes not regulate this statute. A finding by this office of
no ORS 260.432 violation d oes not necessarily m ean a violation of ORS 294.100 w ould not be
d eterm ined . It w ould be a jud icial d eterm ination.
You are requested to provid e any inform ation you consid er relevant to this com plaint and respond in
w riting to the follow ing questions. You m ay also w ish to forw ard a copy of this inquiry letter to any
other appropriate person(s) for response.

Our inquiry into this m atter d oes not m ean w e have d eterm ined any provisions of Oregon election
law have been violated . A final d eterm ination letter w ill be sent to all involved parties as soon as
possible after the responses and other submitted inform ation has been review ed . The questions and
requests for inform ation are:

1. H ow w as the publication fund ed , prod uced and distributed ? Who w as it d istributed to?

2. Was any public em ployee w ork tim e, supplies or equipm ent used in the prod uction or
d istribution of the publication in question? If so, please provid e d etailed inform ation,
includ ing the nam es of ind ivid ual public em ployees involved . Also, includ e the specific nam e
of the person(s) w ho directed the public em ployees to w ork on the publication in question.

3. Who com posed the text of the material? Please describe in d etail as to the nam e and position
of em ployee(s) and w ork perform ed .
Elections Division Case #10-005
Page 2

4. Does Clackam as County regularly publish m aterial related to state w id e measures ? If not, w hy
w as this m aterial published and d istributed ?

5. Who d eterm ined the content of the m aterial?

6. Did the Clackamas County legal counsel review the m aterial at any stage? Was w ritten ad vice
or approval provid ed ? Please explain and d escribe the find ings and subm it copies of any
w ritten ad vice or approval.

7. Is the notice about the restrictions on political activity by public em ployees, as required by
ORS 260.432(3), posted in all appropriate places at your w ork site? Please explain.

8. Does the m aterial provid e inform ation pertaining to the im pact on businesses should the
m easure becom e effective? If not, w hy not?

9. Does the m aterial provid e inform ation pertaining to the potential loss of jobs should the
m easure becom e effective? If not, w hy not?

10. Please provid e your comm ents on w hy you d o or d o not believe this publication prom otes the
passage of the m easure.

Please includ e any ad d itional w ritten com m ents you m ay have. Your response m ay be m ailed or
faxed to (503) 373-7414. Please submit this information to us by February 10, 2010. We w ill inform
you of the outcom e of our review and any other actions on this m atter. Thank you for your
cooperation and let us know if you have any questions.

Sincerely,

Carla Corbin
Com pliance Specialist

c: Alan.grosso@com cast.net
jim aus@co.clackam as.or.us
stevenlou@co.clackamas.or.us