Update: September 13. We have now seen a copy of the letter from the Secretary of State’s office and Mr. Neal’s final response, and have changed our copy accordingly.
Toledo Mayoral candidate Lowell Neal received a letter from a compliance officer with the Oregon Secretary of State’s office dated September 9 concerning a complaint of possible campaign violations. The letter says “a copy of the complaint cannot be provided at this time due to the nature of the allegations.” The questions concern whether he had sent campaign-related material to city employees at city email addresses, whether he had placed campaign materials publicly in the Toledo city council chambers at the September 1 council meeting, and to explain statements he allegedly made to city employees saying that his First Amendment rights had been violated, and explain his intent in saying so. The letter says Neal must respond by September 23. It goes on to say that “our inquiry into this matter does not mean we have determined any provisions of Oregon election law have been violated.” It gives no time frame for when the office will make a final determination.
In his response to the Secretary of State’s office, Neal admitted to sending the emails in question and setting out campaign badges in the council chambers. He also reasserted that his First Amendment rights were violated.
In a long response provided earlier to the Wavelength, Neal wrote that he “probably sent several people with those email addresses in City Hall some materials that I now realize might be campaign related,” and would not engage in similar emails in the future. He wrote that having those addresses in a “send to all” response to an email was inadvertent and not deliberate. As for having a basket of campaign buttons on a side table in the Council Chambers, Neal admitted that he did, but intended to retrieve it before the meeting was called to order. However, before he could do so, he said, City Manager Michelle Amberg brought him the basket, indicating he could not display political materials in City Hall. Neal wrote to Brown that he would no longer engage in campaign activities in City Hall and “would not make an issue of that until after the election.” Neal wrote that he believed it was allowable for him to set out campaign materials because, according to him, “others have passed out campaign materials before” at that location.
The Oregon Secretary of State’s publication on campaign restrictions says “we routinely discourage the distribution of campaign advocacy materials to public employees through a government mail or distribution system, regardless of the source of the materials.” That provision appears to speak to the allegation that Neal emailed campaign-related messages to city employees. With regard to placing or distributing campaign materials within City Hall itself, the publication says “ORS 260.432(2)…does not regulate the use of public facilities or property for election purposes.” However, it goes on to say if the governing body “allows one political group to use public facilities, all groups should have the same opportunity…If unequal access is granted, a public employee who facilitates such services may have committed an election law violation.”
Mayor Rod Cross said at the September 9 City Council Work Session that he believed Amberg acted appropriately and within the law when she returned Neal’s campaign materials to him and asked him to not distribute them again. In discussion, Cross said “yes we have allowed people to put materials on the table but not campaign materials in the 14 years I’ve been on Council. Wearing buttons and carrying signs are OK but not campaigning (in City Hall). Because this is a place of council business – she took the right stand. I think she is on good legal footing.”
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