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
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