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JACKSON COUNTY Group alleges county violated election laws Says complaints against Breidenthal were attempt to thwart re-election Comment By Damian Mann Mail Tribune Follow @@reporterdm MailTribune.com By Damian Mann Mail Tribune Follow @@reporterdm Posted Apr. 25, 2016 at 6:34 PM Updated Apr 25, 2016 at 6:44 PM By Damian Mann Mail Tribune Follow @@reporterdm Posted Apr. 25, 2016 at 6:34 PM Updated Apr 25, 2016 at 6:44 PM » RELATED CONTENT • Quick read: A breakdown of the Breidenthal controversy • DOCUMENT: Complaint to Government Ethics Commission against Breidenthal... » Social News A local property rights group has filed a complaint with the Oregon Secretary of State's Office claiming two Jackson County officials violated election laws by taking steps interfering with Commissioner Doug Breidenthal’s re-election bid. Citizens for Constitutional Fairness, which supported the 2004 property rights law Measure 37, filed its complaint last week and specifically alleges violations by county Administrator Danny Jordan and county Auditor Eric Spivak. “I have no doubts this one is going to the Attorney General’s Office, too,” said David Smith, president of Citizens for Constitutional Fairness. The complaint alleges violations of election law in 2014 as well as in the current election cycle. Smith said the reference to the 2014 election is over criticism the county directed at Commissioner Colleen Roberts, who was then a candidate. Roberts, however, said she remembers being criticized by two sitting commissioners but not by other county officials. Since taking office, she said she is “favorably impressed” by Jordan. "If I have a complaint, I will make it myself, thank you very much," Roberts stated in an email. "I want nothing to do with Doug’s petty complaints and harassment of our county, our Administrator, or myself." The complaint alleges, “Certain Jackson County employees have engaged in election related activities which oppose the re-election of the incumbent and which were conducted in county offices during work hours.” Spivak, the county auditor, said that an ethics complaint he filed on Oct. 22, 2015, had nothing to do with Breidenthal's bid for re-election. The Oregon Department of Justice has an ongoing criminal investigation into Breidenthal that is related to the Spivak's ethics complaint. Breidenthal has said the ethics complaint was orchestrated by Jordan. Smith said he commended Breidenthal for his efforts supporting Measure 37 years ago. He said he had been suspicious of the timing of the county’s complaint against Breidenthal. After looking into the matter, Smith said he believes Breidenthal was wronged. Smith said Breidenthal had informed county officials in 2014 that there was a separate fund created by the Association of Oregon Counties for Breidenthal, who was seeking an office with the Western Interstate Region, an affiliate of the National Association of Counties. More than a year later, after Breidenthal announced he was running for re-election, the county filed its complaint based on issues with that AOC account, Smith said. “Why did they wait that long?” Smith said. “It looks a little suspicious.” Molly Woon, spokeswoman for the Oregon Secretary of State's Office, confirmed the complaint had been received, and said investigators are looking into it to determine whether any civil or criminal violations had occurred. “It’s difficult to tell how long the process will take,” Woon said. The case could be handled by the Secretary of State's Office or, if criminal wrongdoing is considered, the Oregon Department of Justice would take over that portion of the investigation. A preliminary review by the Oregon Government Ethics Commission found Breidenthal may have violated Oregon law concerning the receipt of gifts valued at more than $50 from parties with interests before the Jackson County Board of Commissioners, the use of an official position for financial gain and possible improper reporting of payments to cover trip expenses. In March, the Oregon Department of Justice began a criminal investigation of Breidenthal in a probe that parallels a separate investigation by the Ethics Commission. The Ethics Commission suspended its inquiries pending the outcome of the justice department investigation, which is still underway. Breidenthal said he is not a party to the new complaint filed by Citizens for Constitutional Fairness but generally agreed with the allegations against county officials. “I think they are closer to revealing the truth about all this,” he said. Breidenthal contended the allegations against Jordan and Spivak exceed the gravity of those the county filed against him. Many of the allegations are similar to allegations that Breidenthal has raised himself previously, he said. Spivak, the county auditor, said his office began looking into Breidenthal’s travel expenses on Oct. 14, 2015, after a staff person was told by the Association of Oregon Counties that a check was issued directly to Breidenthal, who was representing the county with the AOC. On the same day, an email from the AOC indicated Breidenthal had a separate account called Friends of Doug Breidenthal, in which contributions had been received from several local companies doing business with the county. Breidenthal also made a $1,000 contribution from the account to Commissioner Rick Dyer, who was running for office at the time. Spivak, in an email response, said it is within his authority as the county auditor to examine a commissioner’s expenses, and that it is also in his authority to report to the appropriate government body if he sees a potential violation of Oregon law. The Citizens for Constitutional Fairness complaint alleges Spivak has provided different statements to the media about who was involved in filing the complaint. “I have stated in that and in all other reports that I met with county counsel and the county administrator to discuss the matter, and that I made the decision to file the complaint,” Spivak stated. He said he was never “directed” to write the complaint, as was alleged in the Citizens for Constitutional Fairness complaint. Spivak said he sent out a statement to help the public better understand his reasons for filing the complaint. “I do not believe that explaining my actions or related events to the public can or should be defined as 'interfering with the commissioner/candidate’s re-election bid,’ ” Spivak stated. He said he believes in being transparent with the public and in being responsive to media inquiries by providing clarifying statements. Spivak said he’s unaware of any efforts on the part of the county to engage in any prohibited activity in the 2014 election involving Roberts. “I am disappointed that the complainant did not come forth with that information in a timely manner,” Spivak wrote. Jordan stated in an email response to Citizens for Constitutional Fairness: "Should the Elections Division determine that the allegation warrants investigation, I am confident the Elections Division will find that I have acted appropriately in my capacity as County Administrator." Reach reporter Damian Mann at 541-776-4476 or [email protected] . Follow him on Twitter at www.twitter.com/reporterdm . Complaint against county officials by Mail Tribune By Damian Mann Mail Tribune Follow @@reporterdm MailTribune.com By Damian Mann Mail Tribune Follow @@reporterdm Posted Apr. 25, 2016 at 6:34 PM Updated Apr 25, 2016 at 6:44 PM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... 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