Ethics Commission Proceeds with Investigation into Forwarded E-mails
Stating that there was enough evidence to warrant further investigation, the Parkville Ethics Commission ruled on Tuesday night to pursue an ethics complaint filed against former mayor Kathy Dusenbery by downtown businessman Dave Williams. The commission, comprised of Andres Dominguez, Ellen Underkoffler, Neil Davidson, and Ross Taylor voted unanimously in their decision.
At the same meeting, all four commissioners decided to dismiss a similar complaint made against Mayor Gerry Richardson.
The complaint, filed by Williams – a business partner of Tom Hutsler, who lost to Richardson in the April 8 municipal election – alleges that Dusenbery violated the city’s ethics ordinance by forwarding a pre-election e-mail authored by Richardson. Though the e-mail – which was sent to 15 recipients – did not contain an explicit endorsement of Richardson or his campaign and originated from a personal e-mail account, the e-mail did contain a signature line that listed Dusenbery’s title as mayor of Parkville and the phone number of City Hall. That, the commission decided, was probably enough to constitute a violation of the city’s ethics ordinance. The commission did not declare that Dusenbery did anything illegal, merely that there was enough to seek out additional evidence.
The ordinance, passed by the Board of Aldermen in 2005, prohibits elected officials from using their title to campaign for individuals in a city election.
The meeting, which was attended only members of the press and Richardson, Dusenbery and Hutsler lasted nearly two-hours. The meeting was lengthened as the commission sorted through the ordinance with Parkville lawyer Jack Campbell. Commissioners were told their next move would be to solicit comment from Dusenbery. Dusenbery, it was further explained, could opt to face her accuser in a hearing. Dusenbery has 10 days to make her decision and/or file a statement in the matter.
After the meeting, Dusenbery said that while she respected the decision of the commission, the ordinance may actually limit her freedom of speech.
“Senator Bond can endorse people, [President] Bush can endorse people,” Dusenbery said, later admitting that she had been in favor of the ordinance when it was voted on by the board in the aftermath of a hotly contested race between Hutsler and current Ward 1 Alderman Deborah Butcher. Dusenbery, as mayor, did not have an opportunity to vote for the ordinance, however.
In comments to The Luminary, Hutsler said he planned on filing his own ethics complaint in the matter, effectively taking over his side of the argument from Williams. Conceding that he was not pursuing the charges in an attempt to become mayor (Hutsler lost by a 40 percent margin in the race) he was doing it in the interest of “justice.”
“[The aldermen] were all forwarding e-mails,” Hutsler alleged, stating that he believed that was why he lost the April 8 election. Hutsler told The Luminary that it was “naïve” to think that Dusenbery e-mailed only 15 people and pegged the number of forwarded e-mails in the near 1,000 range. Hutsler also confirmed to The Luminary that he had hired Republican political consultant John Elliot to run his campaign, said to cost near $8,000, and it was unfair that he had to face campaign pressure from elected officials. The cards, he argued, were stacked against him.
“I’m doing this so other people don’t have to put up with the same thing,” Hutsler said.
The commission is set to meet next on May 14. The complaint may then be turned over to the Board of Alderman or directly to the city prosecutor, if commissioners decide to do so. Theoretically, Dusenbery could receive a fine of up to $500 or 90 days in jail – the standard penalty for any misdemeanor committed in Parkville.