CITIZENS FOR CONSTITUTIONAL FAIRNESSfreedomcorner@usa.net(541)890-3575

PRESS RELEASE

Contact: David Smith FOR IMMEDIATE RELEASEPhone: (541) 890-3575 2:00 P.M. April 22, 2016

CITIZENS FOR CONSTITUTIONAL FAIRNESSAPRIL 22, 2016

Friday April 22, 2016 The Elections Division of the Secretary of State acknowledged the filing of a complaint by Citizens for Constitutional Fairness alleging violations of the Oregon Elections law by the Jackson County Administrator and Jackson County Auditor by conducting prohibited political activities during working hours. The complaint alleges that the prohibited activities have been ongoing over the last two election cycles and in the current county commissioner race designed to defeat the re-election bid of Commissioner Doug Breidenthal. With the opening of an active file today, the Elections Division is proceeding to gather information to conduct a formal investigation into the allegations. The Secretary of State will make a determination as to all of the allegations and refer any allegations which exceed its civil jurisdiction if the activities could involve criminal penalties.

CITIZENS FOR CONSTITUTIONAL FAIRNESS241 SAGINAW DRIVE

MEDFORD OREGON 97504E-Mail : freedomcorner@usa.net

541-890-3575Secretary of State Elections Divisionelections.sos@state.or.us

Salem Oregon

The undersigned, a qualified elector of the State of Oregon, legal resident of Jackson County and an officer of the above named Oregon not for profit corporation, on behalf of the corporation (and personally, as the la8w may require) pursuant to ORS 260.345 files the following complaint alleging violations of Oregon Election Laws:

COMPLAINT

There is currently a contested primary election for county commissioner in Jackson County. The incumbent is seeking nomination to be the Republican candidate in the general election. There are two other candidates seeking the nomination.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. The following allegations, are based upon personal knowledge, newspaper articles, radio talk show archives, and other information furnished by credible individuals. We are confident that an investigation conducted by your office will confirm the accuracy of the allegations and conclude that there are actionable violations of Oregon election laws committed by County Administrator Danny Jordan and County Auditor Eric Spivak, and, perhaps other county employees acting under their direction.

ALLEGATIONS:

1. On October 22, 2015, following the announcement that county commissioner Doug Breidenthal intended to run for re-election, a complaint was filed with the Oregon Government Ethics Commission (OGEC) alleging that the incumbent candidate had violated Oregon ethics law. The complaint filed with OGEC primarily alleged violations related to the commissioner's successful 2014 campaign for the vice presidency of the Western Interstate Region(WIR) of the National Association of Counties(NACo). The complaint was signed by the Jackson County auditor, an appointed employee. The complaint was drafted during working hours and appears to have been prepared as an official act of the auditor who is supervised by the county administrator. Meetings regarding the ethics complaint have been reported by the Mail Tribune newspaper which meetings took place in the county court house among the auditor, administrator and county counsel. The county commissioner candidate was summoned to a meeting with the same individuals on October 21, 2015 and advised that the complaint prepared by the county employees was going to be filed.2. In January of 2016 the county auditor appeared on local radio station KMED and was interviewed with respect to the allegations in the ethics complaint. The auditor responded to questioning by the KMED interviewer. He alleged that he acted alone in the filing of the complaint, however, in an interview reported in the local newspaper he is quoted as admitting that were others involved, including the county administrator and the county legal counsel( who was hired by the county administrator).

3. Over the course of the last several months numerous newspaper articles and other media reports have followed press releases emanating from county offices, all of which have had the effect of interfering with the commissioner/candidate's re-election bid.

4. On occasions when the commissioner/candidate has appeared on local radio station KMED County Administrator Danny Jordan has called into the live program and challenged the veracity of statements made by the commissioner/candidate. Credible individuals have disclosed that the county administrator, during working hours, has been soliciting county employees and officials to oppose the

re-election of the commissioner/candidate. The veracity of the information regarding his conduct during this election is supported by statements of credible individuals that the county administrator engaged in similar conduct, soliciting county employees to defeat another commissioner candidate, during the 2014 election. His activity, although unsuccessful (the candidate was elected) demonstrates a pattern of engaging in political activity which is prohibited by ORS 260.432

ORS 260.432 is required to be posted at the work place of government employees to prohibit unlawful election activity. In pertinent part the required notice states:

ATTENTION ALL PUBLIC EMPLOYEES: The restrictions imposed by the law of the State of Oregon on your political activities are that "No public employee shall...promote or oppose the nomination or election of a candidate, "

All of the above activity appears to be representative of political action, directed from behind closed doors in the county administrator's office, designed to defeat the re-election of the commissioner/candidate in direct violation of Oregon ORS 260.432. It also appears that ORS 260.665(2)(d) has been violated.

In the event that some of the above allegations may involve the jurisdiction of OGEC a copy of this complaint is being forwarded to OGEC. If a violation of ORS 260.665(2)(d), a class C felony, is beyond your jurisdiction please advise if this complaint should also be referred to the Oregon Department of Justice or another appropriate agency.

CITIZENS FOR CONSTITUTIONAL FAIRNESS

by_______________________________ David Smith, President