Election rumors stir pot

City attorney warns group to register if supporting candidates

By RICHARD HANNERS

Whitefish Pilot

Talk about political groups organizing for this year’s city election — including a recent op-ed piece by Rep. Mike Jopek, D-Whitefish — have spurred discussions by concerned citizens and public officials, including city attorney John Phelps.

Most of the rumors focus on the Commission for Fair Land Use and Government, a watchdog group concerned about the city’s drafting of a new critical areas ordinance and other issues.

The critical areas ordinance could affect millions of dollars of real estate as property owners are potentially restricted from developing land on steep slopes or near water bodies and wetlands.

On the other hand, many Whitefish residents have supported the idea of protecting the city’s natural resources, especially water quality.

A warning from the city

The Commission for Fair Land Use and Government Inc. was registered with the Montana Secretary of State’s office on Dec. 6, 2006. Ryan Purdy, an attorney with Morrison and Frampton in Whitefish, is the group’s registered agent.

Mayoral candidate and councilor Nick Palmer claims CFLUG is “well financed” and plans to back candidates for mayor and city council.

Last week, Phelps e-mailed 26 individuals who were on an e-mail list maintained by Whitefish attorney Sean Frampton in hopes of heading off any illegal campaign activity before it happens.

Some of the people on the list are known to be affiliated with CFLUG, including Purdy and Connie Davis. Others are outspoken critics of the city’s interim critical areas ordinance, including Greg Carter, Ron Buentemeier, Tom Thomas and Tim Grattan.

“The purpose of this e-mail is to advise you of the need to register your organization with the state Commissioner of Political Practices,” Phelps said.

Phelps described how Citizens for an Informed Public, a group that spent money backing city candidates in the 2001 election, failed to register with the state.

“Ultimately, the candidates that they supported were elected,” Phelps said. “However, because the organization failed to properly register, it was sued by a coalition of Whitefish residents who felt that the election had been unfairly influenced. The three successful candidates, as well as the city, were also brought into the lawsuit. The lawsuit consumed a great deal of energy and money and dragged on for nearly a year before it was settled.”

Rumor and innuendo

As concern grew about the role CFLUG might play in this year’s election, one Whitefish resident found himself a target of rumor and innuendo.

Former city attorney, prosecutor and councilor Tom Muri called allegations that he was paid to work for CFLUG “character assassination” and reminiscent of 1950s-era politicking.

“Saying political action committees are being formed without naming names is bordering on McCarthyism,” he said.

Muri said CFLUG members approached him and once considered hiring him, but he declined because “they’re not my cup of tea.”

“’Any organization which would accept me as a member, I don’t want to belong to,’” he said, quoting Groucho Marx.

Although he may share some views with CFLUG, Muri said, the op-ed pieces he sent to newspapers and the comments he made at public hearings at City Hall originated from his own opinions.

“The Commission wanted approval for anything said under their name,” Muri said. “Nobody is going to tell me what I can or cannot say.”

Need for public discourse

Peter Elespuru, a local CPA and Realtor, is a member of CFLUG and has submitted two op-ed pieces to the Pilot about impact fees and the city budget. He said the purpose of the group was to understand proposed ordinances and their impacts on potential clients, but CFLUG hadn’t met for several weeks and he didn’t know their future plans.

Elespuru criticized public comments by two current city councilors. He said councilor Shirley Jacobsen had called him a “liar,” and he disagreed with Palmer denouncing CFLUG as a special interest that would interfere with the election.

“I think the public needs to know other views on impact fees, taxes and the budget,” he said. “I think it’s my right — it’s free speech.”

Elespuru said CFLUG critics have tried to discredit the group by labeling it “developers and attorneys,” but the public should appreciate a group that supports property rights and opposes ordinances that don’t make sense.

“It’s a worthy task,” he said. “There’s too much government, too much restriction, too many lawsuits.”

Following the law

Mary Baker, at the Commissioner of Political Practices office in Helena, said any group that supports or opposes a candidate or ballot issue must register as a political committee at her office within five days of collecting money.

Contributors do not have to be registered voters or residents of the city, county or state, but the treasurer of the political committee must be a registered voter, she said.

A group like CFLUG, which was involved in the development of the city’s critical areas ordinance both as a spectator and an active participant, is not a political committee until it begins to support or oppose a candidate or ballot issue.

If CFLUG publicly backs a candidate, it will become an “incidental committee,” Baker said, an organization whose primary purpose is other than influencing elections. Incidental committees must follow all state campaign finance and practices laws.

Baker said political groups that have already formed and failed to register should do so now. She said her office doesn’t have the authority to enforce the state’s campaign laws unless someone files a complaint. Her point is to get groups to register.