Charles S. Johnson

State Bureau

HELENA (LEE)-GOPSchweitzerPSAs062608

For Friday, June 27

( ) csj 6/27/08

By CHARLES S. JOHNSON

State Bureau

HELENA - The Montana Republican Party urged a hearings officer Thursday not to issue a summary judgment dismissing its ethics complaint against Democratic Gov. Brian Schweitzer over what it contends were illegal public service announcements.

An attorney for the Republican Party, Lance Lovell of Billings, filed a brief Thursday opposing the request by Schweitzer's attorney, Mike Meloy of Helena, to dismiss the case.

"If the hearings officer were to accept the governor's argument, then officials statewide could direct hundreds of state employees to create, market and distribute PSAs (public service announcements) featuring their political party's local candidates, or, in the case of the current governor, the state officer himself," Lovell wrote. "Tens of thousands of dollars could be spent on wages for state employees, equipment , facilities, supplies, utilities and so on, which is contrary to what the clear legislative intent of the statute."

In April, the Republican Party filed an ethics complaint against Schweitzer with the state political practices commissioner. It said Schweitzer, helped by two state employees, made two PSAs promoting National Agricultural Month. The spots were then sent to radio stations around the state March 7. Schweitzer filed for re-election on March 4.

A 2005 bill, which Schweitzer signed into state law, prohibits state elected officials from doing public service announcements after they become candidates for office.

Schweitzer's spokeswoman, Sarah Elliott, said Thursday she doesn't believe the complaint has merit and believes Meloy will be filing a reply brief to address the legal issues.

She said a Lewistown radio station asked the governor to make a statement promoting Ag Month on behalf of Montana agriculture "and we prepared a free radio spot to honor the request." She said no state funds were used, although Republicans argue that state employees' time was used.

"Governor Schweitzer is routinely asked to provide statements of support to commemorate events," Elliott said. "The spot was in celebration of National Agricultural Month, which is now over."

Lovell, however, in his brief for the Republican Party, said there is a National Ag Day, which Schweitzer in the PSA broadened to make a National Ag Month. The brief quotes a cover letter from information specialist Ron Zellar of the Montana Agriculture Department who wrote radio stations saying "we broadened the concept a little to allow for longer air time, if you wish."

"The Schweitzer administration 'broadened the concept a little' by creating a fictional event that lasted 30 days longer than the true event, a National Ag Day, to put candidate Schweitzer's name, voice and the branding slogan for his campaign and his political party before the electorate at the expense of Montana taxpayers," Lovell said.

Both public service announcements narrated by Schweitzer use the slogan "Montana's on the move," which Lovell said is identical to slogans used by the Montana Democratic Party's slogan and the governor's personal re-election Web site and campaign materials.

Lovell said the e-mail from the Lewistown radio station employee requesting the PSA was delivered "after the March 5 creation of the announcement, and after Zellar already sent it statewide."

Republicans have said the law provides for maximum fines of $1,000 per violation.