Washblog

An open letter to Attorney General Rob McKenna

[Front paged: NM.]

General McKenna,

We have all been looking for action in connection with your professed goal of fighting for better "Accountability in Government." Is this just window dressing or is there ANY substance behind all the PR? And does this AG goal only apply to the "other state agencies."

What about the Attorney General's office itself Rob? Are you somehow exempt? Does looking the other way and crafting excuses about your own actions define accountability for you Rob?

Many may not know that Luke Esser who was elected to and immediately installed as GOP State party chair last weekend (a full time $85K paid position) continues to draw a state salary and benefits in your administration. Many may not know that he was hired as an exempt appointee directly by you Rob and that he serves at your pleasure and that he is a long time friend and political ally of yours. And some may not know the details of this states ethics laws and laws pertaining to full time state employees.

continued below

Still, with accountability in government as your big priority, I have to ask, is it all just for show. It is one thing for Luke and the GOP's State party to show us that they still do not get that the voters are tired of their corrupt behavior but you Rob were elected with responsibilities including the enforcement of state ethics laws regardless of whether they apply to your office or your political party and friends.

We are waiting Rob. Waiting for you to do the right thing. Clean house. As a gifted attorney I know you can conjure up a bunch of thin legal justification for continuing to pay the new State GOP Chair his $84,000/year salary and benefits and allow him free parking as he works for the GOP at the capitol. After all, at least it would help the voters understand what you mean by accountability.

We are waiting Rob. It's day four and so far the taxpayers have paid the new state GOP chair $2,000 plus benefits under your direction.

Respectfully Yours,
Particle Man

Here are some sections of the state code to think about as you reflect upon Rob and Luke's big adventure.

RCW 42.17.128
Use of public funds for political purposes.

Public funds, whether derived through taxes, fees, penalties, or any other sources, shall not be used to finance political campaigns for state or local office.

RCW 42.17.130
Use of public office or agency facilities in campaigns — Prohibition — Exceptions.

No elective official nor any employee of his [or her] office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of a public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency.

RCW 42.52.020
Activities incompatible with public duties.

No state officer or state employee may have an interest, financial or otherwise, direct or indirect, or engage in a business or transaction or professional activity, or incur an obligation of any nature, that is in conflict with the proper discharge of the state officer's or state employee's official duties.

RCW 42.52.180
Use of public resources for political campaigns.

(1) No state officer or state employee may use or authorize the use of facilities of an agency, directly or indirectly, for the purpose of assisting a campaign for election of a person to an office or for the promotion of or opposition to a ballot proposition. Knowing acquiescence by a person with authority to direct, control, or influence the actions of the state officer or state employee using public resources in violation of this section constitutes a violation of this section. Facilities of an agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of state employees of the agency during working hours, vehicles, office space, publications of the agency, and clientele lists of persons served by the agency.

RCW 42.52.901
Liberal construction.

This chapter shall be construed liberally to effectuate its purposes and policy and to supplement existing laws as may relate to the same subject.

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You've started something here. Now Goldy has picked up on it over at his place.

And who says the blogs can't do investigative reporting?

(360)753-6200, just in case anyone feels like asking McKenna these questions directly...

by shoephone on Thu Feb 01, 2007 at 12:17:35 PM PST

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Why o why did you call him "General"?  

That's an absurd misconstrual of the title Attorney General, which is really just an archaic way of saying "General Attorney".  Ditto for titles like Solicitor General and Surgeon General (who, by law, actually holds the rank of Vice Admiral in the Commissioned Corps of the US Public Health Service).

This is a special bugaboo for me, enough so that I've blogged about it twice (June 6, 2003 and July 30, 2003), both times in reference to the execrable "General" John Ashcroft.  In the latter post, I marshaled William Safire to corroborate my argument.

I first heard this misconstruction during the Senate Watergate hearings in 1973, from the lips of G. Gordon Liddy, in whose fevered mind AG John Mitchell was a general.  You could almost hear the Herr he attached to it.

You're only young once, but you can be immature forever -- Larry Andersen
Blogging at Peace Tree Farm

by N in Seattle on Thu Feb 01, 2007 at 12:22:38 PM PST

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I saw that post on Postman but Rob must have opted for trying to keep things under the rug and hoping the issue would just go away. Looking at things now, it seems they read the cowardly press correctly. Its a shame though. The intent of the law at a minimum was not followed in several areas and an ethics complaint based upon not just Luke's actions after being elected but also his actions as he was running for the state chair position should be made.

by Particle Man on Sun Feb 04, 2007 at 07:14:00 PM PST

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  Are there any Freedom of Information request templates out on the web? Aside from phone and email logs, what should be requested?
  Know any cheap(free) Democratic Lawyers interested in a little rabble rousing?

Dave Gibney Pullman

by gibney on Sun Feb 04, 2007 at 08:10:09 PM PST

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Place Rob McKenna out of power- government or otherwise. We can't believe this guy is running for reelection. McKenna ran on a platform of open access to government information. Yet, Washington State is ranked as one of the lowest in the country. (See Seattle Times/PI published rankings.) Instead McKenna, as AG, crafted legislation that not only delays legitimate Public Information requests, but effectively halts same. Did McKenna deliver on his promise? We think not. McKenna's website touts he wrote anti-bullying legislation because this has "become" a problem. McKenna foolishly did this at the request of the largest, poorly managed (fiscally or otherwise) School District in the State. The District itself? Known for being notorious bullies. How is it that a school district isn't capable of effectively managing children? Rob McKenna is either being played for a fool or maybe he isn't smart enough to know better. We think the latter.

by serious speak on Wed Feb 27, 2008 at 06:34:58 PM PST

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