Ethics Complaint Accusing Johnston Board Members of Misconduct During Election Dismissed

The ethics complaint filed against four Johnston Board of Education members in July has been dismissed.

On Wednesday, the Iowa Ethics and Campaign Disclosure Board met via a teleconference to discuss the complaint filed by board member John Dutcher.

At the meeting, the board voted unanimously to dismiss the accusations that board members Jill Morrill, Mike Farrell, Greg Dockum and Deb Henry, who were elected in September 2011, used district resources - email- to campaign.

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The board did come to the decision to review Dutcher's complaint that district employees used public resources for political campaigning.

Following the meeting, Megan Tooker, ethics board executive director, told the Des Moines Register there was no evidence the board members used expressed advocacy against or for a candidate with public resources.

“There is a distinction due in part because the government can’t control what emails are coming into the system,” she said.

Dutcher told the Register he differed on the definition of 'expressed means'.

“Their definition is not consistent to what I would hold, but they make the law,” he told the Register.

Dutcher told the Register it was a 'no-brainer' that emails clearly show violations by district employees.

Board member Jill Morrill told the Register after the meeting that the complaint has been a distraction and the board needs to focus on student achievement and learning.

Megan Tooker, executive director and legal counsel for the Iowa Ethics and Campaign Disclosure Board and legal counsel told Johnston Patch in August that if the board found the complaint to be valid, it could call for an investigation. If that proves valid, the board could impose penalties in the form of a public reprimand or fine.

"Each case is different," she said. "Two thousand dollars is a severe penalty and not what we typically issue. The board has a lot of discretion and weighs the facts of every case."

Tooker said the board does not have the jurisdiction to remove anyone from office.

Catch-up on previous coverage of the complaint and other board issues:

• Residents Seeking Ouster of Johnston School Board Member Submit Petition
• Allegations of Johnston School Election Misconduct Could be Reviewed by State Ethics Board in Late August
• Voter Seeks Information on How to Remove Johnston School Board Member
• Residents Seeking Ouster of Johnston School Board Member Submit Petition