News Release 333

QUESTIONS REMAIN OVER ATTORNEY GENERAL'S USE
OF STATE PROPERTY FOR POLITICAL PURPOSES   

Volume 36-333

Contact: Connie Patterson

(For immediate release)

573-751-1010

JEFFERSON CITY, MO, June 4, 2008 -- Attorney General Jay Nixon has not responded to a request from Missouri Department of Natural Resources Director Doyle Childers asking why staff in Nixon's office used official state government resources to communicate with interest groups, political supporters and a contributor to his campaign from a state e-mail account.

In a May 19 letter, Childers asked if Nixon's office routinely contacted interest groups, political supporters and campaign contributors about official state business before he announced official action.  Childers asked for a response, which he has not received, from Nixon by May 27.

Last month, Childers revealed e-mails from Nixon's office that raised questions about Nixon's motivation for filing the frivolous Boonville Bridge lawsuit. Records show top officials in Nixon's office used state computers and state e-mail accounts to give advance notice about the lawsuit to Dave Bedan, a Nixon campaign contributor, as well as to interest groups and supporters of Nixon's campaign for governor.  The e-mails, which asked Bedan and the interest groups to "get the word out" about the lawsuit, were dated the day before Nixon announced he was filing the lawsuit.

"The Attorney General is good about criticizing everyone else when it's to his political advantage," Childers said.  "Political e-mails sent to special interests and a campaign donor in advance of filing the Boonville Bridge lawsuit concern me a great deal.  I'd like to know why he allowed these political communications to be sent from his official office."

The Department of Natural Resources has estimated that Nixon's failed lawsuit cost Missouri taxpayers close to $300,000, but Nixon has failed to provide documents showing how much staff, time and expense his office devoted to the effort as well as the timesheets and expense reports related to the litigation. Documents reflecting the expenditure of state resources cannot be closed under the Sunshine Act.

"Absent an explanation from him about the use of official state government resources to communicate with interest groups and political supporters from a state e-mail account, I can only conclude that Nixon's pursuit of the Boonville Bridge lawsuit was politically motivated," said Childers.

Nixon was ultimately defeated at every level of court in the state, including the Missouri Supreme Court in February.  To protect the taxpayers' interest in taking on the significant financial liability for upkeep and maintenance of the unused bridge, the Department of Natural Resources was forced to hire outside counsel, again at public expense, on the matter.

###