Investigator says Malloy settlement keeps voters in the dark

CT MIRROR file photo

Gov. Dannel P. Malloy during the 2014 campaign.

Not too many investigators have Charles Urso’s resume: He investigated two governors of different parties in different decades for different agencies, first as an FBI agent and then as an investigator for the State Elections Enforcement Commission.

Near the end of his FBI career, he helped send Republican Gov. John G. Rowland to prison in 2005. He said Thursday his second career as an elections cop ended in frustration – getting stonewalled trying to find out if Democratic Gov. Dannel P. Malloy violated campaign finance reforms inspired by the Rowland scandal.

The investigation of whether Malloy and the Democratic Party circumvented Rowland-era reforms – a ban on state contractor contributions and strict contribution limits attached to a voluntary system of public financing – ended Wednesday with a settlement.

Without admitting wrongdoing, the party will pay a record $325,000 over 27 months to settle allegations of impropriety involving use of state contractor contributions that flowed through a federal campaign account to support the 2014 re-election of Malloy, who accepted $6.5 million in public financing through the Citizens’ Election Program.

Urso said he understands why his former employer took the deal. Democrats challenged an SEEC subpoena with a legal argument that could have neutered the commission’s enforcement authority, saying federal law largely pre-empted the commission in federal election years – which happen to also be state election years.

But he complained that Democrats succeeded in stopping an examination of how Malloy’s campaign and the party systematically raised money from contractors – as much as $10,000 at a time – in a so-called era of “clean elections.”

At the time of the settlement, the commission and the Democrats were awaiting a decision by a Superior Court judge on a motion to compel the party to honor the SEEC subpoena, which demanded bank records, emails and other documents pertaining to fundraising.

In an interview and an article published on CT Mirror’s commentary website, CT Viewpoints, Urso said Malloy and the Democrats made a sham of the Citizens’ Election Program, the system of publicly financed campaigns created in 2005 after Rowland resigned and went to prison.

“The settlement was made without allowing SEEC the ability to conduct a reasonable investigation. Despite public pronouncements of cooperation, they made a mockery of the investigation,” Urso wrote. “In response to SEEC requests, they only provided 300 pages of evidence before they refused to cooperate including ability to interview witnesses. The last time I investigated a Governor, I reviewed hundreds of thousands of documents.”

The documents were sought to shed light on about $1 million in spending through the federal account maintained by the Democratic State Central Committee. Some of the money was used to hire staff who laid the groundwork for Malloy’s re-election campaign.

Federal law requires the federal account to be used for get out the vote efforts when there are federal offices at stake, even if those same efforts also serve candidates for state office.

But federal and Connecticut campaign laws are contradictory. State law bans contractor contributions and provides public financing to candidates who agree to accept donations of no more than $100 and abide by spending limits, while federal law permits contractor contributions to the parties’ federal accounts, up to $10,000.

When Malloy accepted the $6.5 million public grant, his campaign already had benefitted from the federal account, some of which came from contractors prohibited from giving directly to his or any other state campaign.

“The paperwork he signed certified he had not and would not receive contributions from prohibited sources,” Urso wrote.

CT-N (file photo)

The Democrats’ lawyer, David S. Golub, and Assistant Attorney General Maura Murphy Osborne arguing about a subpoena contested by the party.

David S. Golub, who clashed with Urso while representing the Democrats, did not  respond to a request for comment. A spokesman for the governor had no comment, referring all inquiries to the Democratic Party.

“We’re not going to react to the opinions of someone who was not involved in these discussions regarding how we resolve a conflict between state and federal law while ensuring the sustainability of the Citizens’ Election Program,” said Michael Mandell, the party’s executive director. “This agreement was reached through difficult negotiations with state elections regulators and makes voluntary structural changes to chart a path forward for state parties, CEP, and the state of Connecticut. We hope that the Republican Party will join us in committing to the long-term preservation of the CEP.”

Michael J. Brandi, the general counsel and executive director of the commission, defended the settlement Wednesday, saying the Democrats agreed to rules that resolve a significant conflict in state and federal election law and it ended litigation that could have produced a court ruling curtailing the ability of state regulators to enforce campaign reforms enshrined in the Citizens’ Election Program.

The settlement lays out new accounting rules and other restrictions intended to keep campaign money prohibited by state law out of state campaigns. The party also dropped its claim that federal election law pre-empts the commission from issuing subpoenas to investigate alleged potential violations of state elections law.

Urso’s voice was only one of those heard Thursday.

“This is great news for the integrity of our elections,” said Karen Hobert Flynn, the president of Common Cause. “The settlement affirms that candidates for governor and the legislature cannot accept aid from companies doing business with the state; that was the intent of the law that we and our allies worked so hard to pass after the scandals of the Rowland administration.”

Hobert Flynn conceded there may be some who were frustrated that the Democratic Party was not found to have violated state law, but a protracted legal battle wouldn’t have ensured the integrity of the Citizens’ Election Program.  She said the deal sends a message that states can pass and enforce campaign finance laws that are tougher than federal law.

Senate Minority Leader Len Fasano, R-North Haven, strenuously disagreed.

“The settlement contains nothing innovative or groundbreaking. All this settlement says is that the state Democratic Party now promises to follow current state law – the same law they should have been following in the first place,” Fasano said. “The SEEC trying to sell this agreement as a creative and innovative approach is a slap in the face to those they are supposed to protect by defending transparency and enforcing the law.

“It’s an excuse for the obvious reality that they rolled over to the state Democratic Party and accepted a payoff instead of doing their job.”

In a statement issued before Urso released his opinion piece, Fasano said the commission owed the public a full investigation, making the same point as the retired investigator.

“If the SEEC was going to try to settle this case without a ruling, then they shouldn’t have wasted taxpayer resources to take it this far all to end up making a deal without knowing all the facts,” Fasano said. “They should have waited for a ruling, and a complete investigation, so that we could have a real, enforceable resolution.”