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Madison Ethics Board dismisses charges against Cieslewicz
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by Bridget Roby
Tuesday, October 2, 2007
The complaint against Mayor Dave Cieslewicz for a city ethics code violation during his spring re-election campaign was officially dismissed at a meeting Monday evening.
According to former Ald. Dorothy Borchardt, who brought the complaint against the mayor, Cieslewicz violated the ethics code when he used a photo of himself posing with firefighters from the Madison Fire Department in a campaign brochure. Borchardt said the violation occurred because he took advantage of his position as Madison's mayor to use city property for private gain.
"There isn't a problem with it when you put it on the wall at your office, but it's when you use it for your campaign," Borchardt said. "This was a real concern to me."
The code Cieslewicz was accused of violating states political candidates cannot use city property for personal advantage except when it is also widely available to other citizens, or if specially authorized by the City Council.
In response to the complaint, however, Gregory Everts, the lawyer representing Friends of Dave Cieslewicz, referenced an affidavit from MFD officer Lori Wirth listing off the many opportunities all residents have to take pictures at Madison fire stations.
Everts also said Cieslewicz's campaign manager requested permission from the fire department prior to taking the picture, and the request was granted.
"I think the right result here is that this is not a situation of using city property for personal gain or profit, and if it is, the same is available to the general public," Everts said. "I think it's very difficult to see how a photograph of this nature, and particularly one that is mailed out to the public, is a violation."
Ethics Board member David Albino said he agreed with Everts and believed the photograph was not in violation of city code.
"It seemed like a little bit of a surprise, such a bold use of the photo, but from looking at the affidavit it looks like it’s something anybody else could do as well," Albino said. "It seems like that could be me or you or (2007 mayoral candidate) Ray Allen."
But City Council President Mike Verveer, who also sits on the Ethics Board, said he doubts such photographs are as widely available as many claim.
Verveer cited a similar instance years ago in which a candidate he was endorsing was turned down by the Madison Police Department for a similar request because of the MPD's strict policy against the use of equipment for political purposes.
Despite his vote that Cieslewicz's photograph was indeed a violation, Verveer said he does believe the campaign made good efforts to follow city rules.
Borchardt also agreed that the mayor most likely did not intend to violate the code.
"I'm thinking it probably was an honest mistake by the mayor," Borchardt said. "But the concern is I don't want this happening again in Madison."
After thorough discussion, Ethics Board member Laura Rose made a motion to dismiss the complaint, and the committee voted 4-2 in favor of dropping the charge.
Anonymous (October 2, 2007 @ 5:19pm):
the headline in the newspaper says 2006 re-election campaign, but mayor dave was re-elected in 2007.
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