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January 7,2004 Ofice of the General

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January 7,2004 Ofice of the General Rome, Georgia 301 6 1 706-290-4499 706-232-3753 [email protected] January 7,2004 Ofice of the General Counsel Federal Elections Commission 999 E Street, N.W. Washington, D.C. 20463 Re: Complaint Against Bush-Cheney ’04, Eric Tanenblatt, and Ofice of the Governor of the State of Georgia To whom it may concern: My name is George Anderson. I am an ethics activist in the State of Georgia. My address is 18 Twickenham Road, Rome, Georgia 30161. I seek immediate FEC investigation and enforcement action against Bush-Cheney ’04,Inc., Eric Tanenblatt, and Office of the Governor of the State of Georgia for violation of the Federal Election Campaign Act of 1972 (“FECA”), as amended, 2 U.S.C.$0 431 et seq. (1997 and Supp. 1999). Bush-Cheney ’04, Inc., registered with the Federal Election Commission on May 16,2003, as the principal campaign committee of George Bush and Richard Cheney for ‘ federal office in the 2004 elections. Eric Tanenblatt was at the time of the activities described below an employee of the Office of the Governor of the State of Georgia. Bush-Cheney ’04 filings with the FEC list Tanenblatt as having made the maximum personal contributions allowed by law. Bush-Cheney ’04 hheracknowledges on its campaign website that Tanenblatt is responsible for raising more than $200,000 in additional campaign contributions. (www. eeorgewbush com/DonorslRanpers.aspx#rangers). The Office of the Governor of the State of Georgia violated the Federal Election Campaign Act of 1972 (“FECA”) when its employee, Eric Tanenblatt, used equipment and space in the Office of the Governor to make bdraising-related telephone calls on behalf of Bush-Cheney ’04 as well as doing so while behg paid a salary by the Ofice of the Governor. I discovered these activities though requests under Georgia’s Open Records Law which allowed me to review telephone billing records for the Governor’s Office and email messages on the network serving the Governor’s Oflfice. I brought these facts to the attention of various people in the Governor’s Ofice. After disclosing the results of my inves$igation, Tanenblatt reimbursed the State of ’ .Georgia for some, but not all, of the costs of these calls. Tanenblatt only reimbursed the State for calls that I brought to the State’s attention. The State was not reimbursed for salary paid to Tanenblatt while he was in the office making these calls. 1 k I I I If the calls outlined in the attached documents were sanctioned by the Governor’s \ Office, then the costs incurred by the Office of the Governor are an in-kind contribution by the State of Georgia that has never been reported by Bush-Cheney ’04. If the calls were personal calls made by Tanenblatt on behalf of Bush-Cheney ’04 then they should have been disclosed as such by Bush-Cheney ’04 and the value of the calls should be added to contributions made by Tanenblatt. Payment of fundraising costs by a contributor constitutes a contribution itself. See, Advisory Opinion 1979-39; Advisory Opinion 1975- 62. Billing records for calls on state telephone lines assigned to Tanenblatt show that most of the calls were made during normal business hours. It is apparent that the employer meant for these activities to be part of Tanenblatt’s employment as the employer had established a rule forbidding political activity during business hours. By Executive Order signed on January 13,2003, Governor Perdue clearly stated, “Employees are permitted to express their opinions on political subjects and candidates and to take an active part in political campaigns outside of working hou rs....” Exec. Order 01.13.03.01 (Emphasis added.) Activities by Tanenblatt, then the Governor’s Chief of SW,making political phone calls within outside of working hours shows that those activities were clearly meant to be political contributions by the Ofice of the Governor. Tanenblatt, at that time a salaried employee of the Governor’s Office, was expected to work a particular number of hours per pay period. Paying the salary of an employee engaged in a political activity constitutes a political contribution by the employer, in this case, the Ofice of the Governor, under FECA (2 USC §431(8)) and Commission regulations (1 1 CFR $100.54) Commission regulations state that an employee paid on a salaried basis and expected to work a particular number of hours per 1 period may engage in political activity during regular work hours without it being deemed a political contribution by the employer if the employee makes up the time to the employer within a reasonable time. (1 1 CFR 100.54(a). Tanenblatt’s phone logs and his calendar do not record which hours were worked for the employer and which were worked for BusbCheney ’04 on his own time. Indeed, the work was indistinguishable as evidenced by the lack of records regarding hours worked, the use of state telephone equipment for both activities, the reimbursement of some costs only after getting caught, and the fiilure to account to the employer for time worked on Bush-Cheney ’04‘ activities. The f’rrct that the Office of the Governor had no policies in place requiring employees in political positions to maintain records of their work for the State and political work done on their own time, albeit using state offices and telephones, shows that political activity was part of the job for senior staff such as Tanenblatt. When performing that job aids hdraising for a candidate for federal elective ofice, the payment of salary constitutes a campaign contribution which must be reported by the recipient . 822 long distance telephone calls were made on two telephone numbers assigned to Tanenblatt between Januw 13 and July 3 1,2003. Bush-Cheney Campaign ’04 held a hdraiser on June 24 at Reynolds Plantation in Greensboro; Georgia. Several of these telephone calls were directly to the site of the hdraiser or were to people and firms involved in organizing the fker.Of the 822 calls, it appears that 347 are not related to state business. 28% of the calls were to the Washington behyregion - including the s h L, ---.~ White House, lobbyists, law firms,and public relations firms. A hgenumber of the calls -f-- during this time were to people identified by Bush-Cheney '04 as raising more than $200,000 in campaign contributions. Specifically, the telephone records obtained fiom the Ofice of the Governor show that Eric Tanenblatt placed calls wing State equipment to: 0 The White House Office of Political AfEairS (37 calls); 0 Ron McDufie with Bush-Cheney '04; 0 Haley Barbour, then Governor-elect of Mississippi and President of Barbour Grifith & Rogers (identified as Bush-Cheney hdraisers); 0 The Bonnar Group, a national findraising company in Washington DC; 0 Bo Callaway, former Chairman of the Georgia Republican Party; 0 Alan Novak of Novak Strategic Advisors and a Bush-Cheney hdraiser; 0 Andrew Entwistle of Entwistle & Cappucci, a Republican hndraising firm; 0 Congressman Eric Cantor (R-VA) at his campaign number; 0 The Dutko Group, a Washington lobbying firrn (two members of the fm are identified by Bush-Cheney as hdraisers); 0 Paul Bennecke, Political Director for the Georgia Republican Party; 0 David Swords at McKenna, Long & Aldridge; 0 Carl Collins of Public-Private Partnership; 0 Jonathan Baron of Red Sea Campaign Consulting Company 0 Steven Goldsmith, a Bush-Cheney '04 hdraiser; 0 Log Cabin Republicans, a Republican Political Action Group; 0 Thurman Enterprises, a lobbying firm; 0 Bill Dudley, government relations with AFLAC; 0 Christina Estrada of Gordon C. James public relation group; 0 Fred Cooper, a Bush-Cheney '04 hndraiser; 0 Jaime Reynolds, a Bush-Cheney '04 fhdraiser; 0 Calder Clay for Congress, campaign headquarters; 0 Benedetti & Farris, event planners (planned the June 24,2003 Bush- Cheney fundraiser); 0 Steven Freund, Ritz-Carlton in Greensboro GA (site of the June 24, 2003 Bush-Cheney hndraiser); Rob Lever, Washington DC lobbyist; William Timkin, a Bush-Cheney '04 fundraiser; Ken Norman, Bush-Cheney Campaign '04; Hollis "Chip" The Felkel, Fekel Group (political relations fm running the June 24,2003 Bush-Cheney fundraiser); 0 Ed Brookover, 11, Greener & Hook; 0 Mercer Reynolds, Bush-Cheney '04 fbndraiser and finance chair for Bus h-Cheney ; 0 David Winstead, Bush-Cheney '04 campaign advisor; c t 0 Bob Young, former deiegate to Republican National Convention and Bush-Cheney elector; 0 Alec Poitevant, state Republican chair and Bush-Cheney ’04 hdraiser ; 0 Ode11 & Simms, direct marketers for Republican National Committee. A “contribution” under FECA includes not only “anything of value made by any person for the purpose of influencing any election for Federal office,” 2 USC 943 1(8)(A)(i), but also “the payment by any person of compensation for the personal services of another person which are rendered to a political committee without charge for any purpose.” 2 USC 943 1(8)(A)(ii). Any payments deto Tanenblatt by the State of Georgia while he was using state equipment to perform fbnctions for Bush-Cheney ’04 constitutes a contribution. ’ FECA establishes dollar limits on contributions not to exceed “in the aggregate” $1,000. Any reimbursement by Tanenblatt for the use of state equipment in connection with the Bush-Cheney ’04 fundraising activities is an in-kind contribution attributable to Tanenblatt which would cause him to exceed the statutory limitation on contributions. Receipt of such contributions by Bush-Cheney ’04 violates 2 USC §441a(f). The Federal Election Commission is urged to immediately investigate these activities. GEORGE ANDERSON Comes now GEORGE ANDERSON, who under oath swears to this complaint, this Notary Public rase A or A I 1- - I L Pioneer Profiles: Gorse W.
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