Pubdate: Sat, 12 Jan 2002 Source: Plain Dealer, The (OH) Copyright: 2002 The Plain Dealer Contact: http://www.cleveland.com/plaindealer/today/ Details: http://www.mapinc.org/media/342 Author: T.C. Brown, Plain Dealer Bureau PETRO WON'T AUDIT OFFICIALS OPPOSING DRUG-LAW INITIATIVE COLUMBUS -- State Auditor Jim Petro declined a request to audit public officials who have criticized a proposed ballot initiative that would offer first- and second-time drug offenders treatment in lieu of jail. Petro cited federal and state law and legal opinions in determining the Ohio Campaign for New Drug Policies had no basis to allege that government officials acted improperly and that public money was misspent. The drug campaign group has accused Gov. Bob Taft, his wife, Hope, and Luceille Fleming, director of the Department of Alcohol and Drug Addiction Services, and Domingo Herraiz, director of the Office of Criminal Justice Services, and their staffs of illegally campaigning against the proposed issue. The law allows public officials to speak out and spend money on public policy issues, as long as the public expenditures are not directed at telling voters to vote one way or another. Ballot information can be analyzed and disseminated to the public concerning the consequences of the passage or defeat of an issue, Petro said. "Admittedly, part of the [state's] strategy is explaining to the public why your proposal [in their view] is not the better public policy," Petro told the group in a letter. "But that is no different than the governor or members of his administration evaluating a bill pending in the General Assembly and then attempting to persuade legislators or the public that the governor's policy . . . is preferable to that contained in the legislation." While Petro has correctly cited applicable laws, he applied them to the wrong set of circumstances, said Ed Orlett, the drug campaign's manager. "Their activities are not attempts to educate themselves or the public, which arguably might be permissible acts," Orlett said. "They are engaging in a campaign to defeat the initiative. I don't know how to make it any clearer to Jim Petro." The campaign, which has also filed a complaint with Ohio Inspector General Tom Charles, quickly drafted a letter to Charles, arguing against Petro's analysis. Charles is expected to decide next week whether to investigate. The campaign must gather 335,000 petition signatures to get the initiative on the November ballot. -- Campaign for New Drug Policies 1250 Sixth St., #202 Santa Monica, CA 90401 ph: (310) 394-2952 fax: (310) 451-7494 cell: (310) 245-4520 - --- MAP posted-by: Jackl