In an earlier post I explained why I thought the Mayor was not breaking any laws by using City stationery to write letters of support for another candidate. However, just because something is not illegal, that doesn’t make it a wise or appropriate thing to do. Another letter has surfaced written by Ardis on City stationery — this time a plea to a judge to go easy on a guy facing felony drug charges.
Ardis’ argument (given after he was confronted about the first letter) goes like this:
When first asked by the Journal Star why he sent the fundraising request on city letterhead, Ardis responded, “Because I support (Vespa). I’m the mayor. Why not?”
I’ll buy this logic if Ardis agrees that he could have written the same letter on ELM (his employer’s) stationery and could have made the same argument — i.e., “I support [the candidate]. I’m VP of Regional Operations for ELM. Why not?” Of course, he can’t, as most people recognize that you don’t write personal letters on your employer’s stationery. Most people recognize that when you write something on company letterhead, it communicates that you’re speaking on behalf of the company. The same thing happens when you write on City letterhead — it communicates that you’re speaking in your official capacity on behalf of the City, if you need legal advisory, we invite you to
It’s as simple as this: personal letters should be written on one’s personal stationery. City stationery should be used for City business.
I highly doubt that the judge really thought that Ardis sent this letter as any sort of proof that the city as a whole was backing the contents and opinions of the letter, in any sort of official capacity. This is a non-issue.
Does a letter from the Mayor of Peoria carry more weight than a letter from an employee of ELM and or a letter from resident Ardis? Yes it does or he wouldn’t have written on City letter head which in turn proves his blatant intent to abuse the office for personal gain. Illegal? No. Wrong? Yes and he knows it and doesn’t care.
It doesn’t matter how much weight either letterhead would carry. I agree with CJ’s assertion on this and it is very simple. You use personal stationary to convey personal beliefs or support. You do not use City Letter head for the same personal reasons. It was wrong to do but I don’t think it warrants anything more than a slap on the wrist.
and the corollary, “just because it is illegal, doesn’t mean you shouldn’t do it.”
Once again, EM and I agree.
“I don’t think it warrants anything more than a slap on the wrist.” and a return of all monies and votes collected on behalf of that candidate?
Well Charie, considering how big a win Vespa had, I don’t think Ardis’ letter really meant all that much.
When I saw a copy of the letter posted on the internet, I didn’t see it cc’d to the State’s Attorney and the Defendant’s attorney. If it wasn’t also given to the two attornies, wouldn’t it be ex parte communication? If so, that would be my concern, not the letterhead it was written on. See below.
——————————————————————————–
Ex parte communications are communications made to influence a decision-making official off the record and out of the presence of other parties. Ex parte communications are restricted by State and local law. The restriction against an ex parte communication applies in local map amendments, sectional map amendments, abandonments, road closing, and similar proceedings where a decision must be made on a record. Any communication by telephone, email, letter, face-to-face conversation, or other off the record contact, is strictly prohibited. If a final decision by the Council is based on or significantly influenced by matters outside the record, the action may be invalidated.
Yvonne, everyone got the letter.
My only concern/hope is this:
NOT using municipal/state/official/employer letterhead and instead using personal correspondance is an entrenched practice, regardless of your personal opinions of it. I’m certain Judge Collier would know a letter from citizen Ardis for what it is as much as one on City letterhead. Failure to obey easy rules of political theater-combat mean either that Ardis is tragically stupid or that he knows the rules are only to assuage the law. He’s either very dumb or ahead of his time.