Complaint filed with Marin County DA over Denise Bohman's use of District email for her re-election campaign

This week I filed a complaint with the Marin County District Attorney over Denise Bohman's use of District email for her re-election campaign. According to California Government Code Section 8314(a) “It is unlawful for any elected state or local officer, including any state or local appointee, employee, or consultant, to use or permit others to use public resources for a campaign activity, or personal or other purposes which are not authorized by law.” I have included the full text of my letter to the DA below.

On October 18th I filed a Public Records request with the Lagunitas School District when I came into the possession of emails Ms. Bohman sent as part of her campaign. The District turned over several emails none of which included the ones I already possess. They exceeded the 10 day limit to turn over these emails by 3 days and are still in violation of the California Public Records Act request. Has the District overlooked some of the emails they should have released to me or are they withholding these emails to help Ms. Bohman win re-election? I hope the DA can get to the bottom of this.

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November 2, 2011


Mike McBride, Esq.
Marin County
Office of the District Attorney
3501 Civic Center Drive, Room 130
San Rafael, CA 94903

Re: complaint regarding California Government Code Section 8314



Mr. McBride,

I wish to request that your office initiate an investigation of Lagunitas School Board Trustee Denise Santa Cruz Bohman’s use of public resources for her re-election campaign. According to California Government Code Section 8314(a) “It is unlawful for any elected state or local officer, including any state or local appointee, employee, or consultant, to use or permit others to use public resources for a campaign activity, or personal or other purposes which are not authorized by law.”

As you will see from the two attached emails, Ms. Bohman has been using her official District email for her re-election campaign. As a candidate for one of the two open Trustee positions I find this use of public resources to be illegal under 8314a, a violation of the public trust which she was elected to uphold, and gives her an unfair advantage in the campaign—the very kind of abuse this law was intended to ban and punish.

While I currently only possess these two emails I have a good reason to suspect that Ms. Bohman may have further used her District email address for her re-election. On October 18, 2011 I filed the attached California Public Records Act (Government Code Section 6250 et seq.), request with the Lagunitas School District. Thirteen days later I received several copies of emails sent by Ms. Bohman. However, the two emails attached to this letter were not included. As a result, I have asked the District to stop withholding these and all other emails sent by Ms. Bohman for campaign purposes and turn over all the emails they have in their possession. I have not yet received a reply.

I look forward to your immediate attention to this matter.

Sincerely,


Robert Ovetz, Ph.D