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State Ethics Board rules AG owes nothing for car use

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by Ryan Masse
Tuesday, September 28, 2004

The State Ethics Board Monday wrapped up its second investigation into Wisconsin Attorney General Peg Lautenschlager’s use of a state-owned vehicle, finding the top law enforcer did not violate the state Ethics Code and does not owe any additional money for personal use of the car.

The investigation explored whether Lautenschlager had used her car for candidate-centered political purposes, which would be a violation of campaign finance laws. Gas receipts indicate Lautenschlager used the car to drive to a Racine County Democratic Party meeting March 16, 2003.

In a unanimous decision, the Ethics Board decided there was no definitive evidence to indicate Lautenschlager violated the state Ethics Code during the trip to Racine. The board questioned whether the meeting was held to support a candidate seeking office and also noted the possibility that Lautenschlager conducted state business with Wisconsin Sen. Russ Feingold at the Democratic gathering.

Furthermore, the board concluded Lautenschlager did not owe the state any additional money for personal use of the car to other events. A previous inquiry into Lautenschlager’s use of the vehicle revealed she had driven the car 1,969 miles of non-business use. Lautenschlager agreed to reimburse the state $672 for the personal usage plus a $250 penalty in a settlement with the Ethics Board March 29, 2004.

Former College Republicans chair Frank Harris believed the Ethics Board was too lenient in letting Lautenschlager off without penalty.

“She got off really easily. I mean, she’s the top cop for Wisconsin,” said Harris, who compared Lautenschlager’s activity to the caucus scandal involving several state legislators. “You would think she would receive a stricter penalty from the Ethics Board because she’s held to a higher standard.”

The two investigations stemmed from Lautenschlager’s Feb. 23 arrest for drunk driving, when she drove her state-owned vehicle into a ditch off Highway 151 en route to her Fond du Lac home. She refused a blood test but later plead guilty to the charge of driving while intoxicated. Lautenschlager’s license was suspended for one year, and she agreed to forego 10 days’ worth in pay, or $3,250.

While the first investigation appeared to close the case surrounding Lautenschlager’s usage of the car, new records discovered by the state Department of Administration in April prompted a second investigation.

The decision by the Ethics Board finally wraps up the inquiries, Ethics Board Director Roth Judd said.

“It’s absolutely finished this time; there is nothing more to investigate,” Judd said.

The longer time frame for the second investigation stemmed from the nature of the inquiry, Judd said.

“For the first investigation, they looked at the miles, got a calculator, and added them up — pretty easy,” Judd said. “And we thought we were done. But this investigation was more complicated because we had to consider if she attended political events, and that required talking to people and getting records.”

The traumatic year for Lautenschlager did not end Monday, however. Starting this week, the attorney general will undergo a four-month schedule of chemotherapy as part of her treatment for breast cancer, with which she was diagnosed earlier this summer.

The treatment will not interfere with Lautenschlager’s ability to act as Wisconsin’s top law enforcer, and doctors have given her a favorable prognosis.

“I hope that my experience, like that of so many others, will remind decision makers at all levels of government and in the private sector, that health care needs traditionally associated with women are important and far reaching,” Lautenschlager wrote in an e-mail to justice department employees.

Amy Hammerman contributed to this story.


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