La Crosse County
Ethics Board
County
Administrative Center,
400 N. Fourth Street
La Crosse, WI
54601
RE: In
re Steve O’Malley’s Ethics Violations
Dear Board Members:
Steve O’Malley broke the law. La Crosse County Ordinance 3.28(2)(i) (j)states:
In general, the following political activities by employees are prohibited….
(i) Directly or indirectly soliciting or receiving subscriptions or contributions for any political party or any political purpose while in a building, office or room occupied for any purpose by the County.
(j)Either orally soliciting or by letter transmitting any solicitation to a County office or be in any manner concerned in soliciting any assistance, subscription or support for any political party or purpose from any person holding any position with the La Crosse County while on County time or engaged in official duties.
La Crosse County Ordinance 3.24(1) (d)
(d) The internet and County e-mail systems shall not be used to solicit advertise or expound on commercials ventures, religious, political or other causes, or any non-job-related issue(s)…
First we need to make it clear that this is not the first
time that Steve O’Malley, has used his email account unethically. There is a
pattern of abuse. On Feb 24 2011 Steve O’Malley sent an e-mail to all county
employees which included several statements that were clear partisan attacks on
Scott Walker.
Second, the extensive volume of email traffic [422pgs] with
documented times shown, clearly indicates that an enormous amount of time of
Steve O’Malley’s and other employees contracted time was spent on this project.
Third, a non profit, [ICMA], opinion has absolutely and unequivocally
NO bearing on state statutes, county ordinances and rules of conduct.
La Crosse County Ordinance 2.04, which fully incorporates Wis.
Stat. § 19.59, has additional ordinances that Mr. O’Malley broke. Section 2.04(7)(a) states that you cannot use
government resources for “unauthorized non-governmental purposes or for
unauthorized personal convenience or for profit, unless such services or use
are available to the general public and are consistent with practices and
policies of the county.” We argue that
Mr. O’Malley’s flagrant abuse of his power was both an unauthorized
non-governmental purpose and for his unauthorized personal convenience.
Ordinance Section 2.04(7)(b) states, “An official or
employee shall not grant or receive any special consideration, treatment or
advantage beyond that which is available to every other citizen.” The e-mails are littered with government time
being used to assist a select few people accomplish goals that are consistent with
Mr. O’Malley’s beliefs. Again we are arguing
that his abuse of power breached this section as well. It can also be argued that Mr. O’Malley
received value from his activities in pushing his own agenda on the City of La
Crosse as well as using his office to coerce, influence, and directly or
indirectly affect a political action.
To dispute this charge, Mr. O’Malley cites an opinion of a
non-governmental and non-profit institution known as the ICMA, which carries no
legal weight against the overwhelming evidence against him.
His haste in requesting the county ethics committee for a
ruling on his activities indicates his trepidation in this matter.
We believe that Steve O’Malley acted in such a manner that
sufficiently interfered with his own contracted duties, and while on duty, and
on county property, inside and outside normal business hours, did directly and
indirectly solicit, receive, collected, handled, disbursed, and accounted for
contributions and other funds for a political purpose.
Further Steve O’Malley, using his position of governmental
influence as a sole administrative spokesman for La Crosse county did
influence, and directly or indirectly affect a political action. We believe
that Steve O’Malley acted in a such a manner as to not serve as a role model
for other county employees, directly implicated and involved other county
employees, failed to properly supervise his and other employees compliance of
county rules and such conduct interfered with the efficient, timely discharge
of his own and other employees contracted duties.
Mr. O’Malley stated falsely in his original letter to the
ethics board that he did not use his support staff. We have included in this
complaint copies of emails where Mr. O’Malley clearly made use of his assistant
Terri Pavlic.
We ask that the ethics committee review all 422 pages of the
original open records request which include Mr. O’Malley’s email communication
involving the issue of La Crosse City Administrator referendum before any
ethics hearing is conducted. We ask that Mr. O’Malley return a portion of his
salary in proportion to the amount of time he spent on the City Of La Crosse’s
City Administrator issue, $1,000 fine, and mandatory ethics classes on top of
any other form of justice that the Ethics Board considers.
Included with this
letter is a packet for you that is just a sampling of the many emails Mr.
O'Malley did send from his county email account.
