INDIANAPOLIS – Former Indiana schools chief Tony Bennett kept campaign databases on Department of Education servers and ordered his staff to dissect a speech by his Democratic opponent for inaccuracies last fall in apparent violations of Indiana election and ethics laws, documents obtained by The Associated Press show.
Bennett on Wednesday denied instructing his staff to do campaign work and told The Associated Press one of the lists was used to make thank you calls on his own time after the election.
Indiana law prohibits state employees from engaging in political activity, including seeking contributions, while on duty or acting in an official capacity. It also bars state employees from working on anything outside their official job duties while on the clock, or ordering others to do so, and from using state resources for political purposes.
Violating the official duties law, known as the ghost employment statute, can be a felony punishable by up to three years in prison. Its rare to have officials prosecuted because finding proof of violations can be difficult.
Though Bennett has been out of Indiana office since January, election lawyers say the findings on the Education Department servers could still warrant prosecution.
U.S. Attorney Joe Hogsett and Marion County Prosecutor Terry Curry, both Democrats, declined to comment on the Bennett documents Wednesday. Inspector General David Thomas, a Republican, said his office is investigating but would not discuss the nature of that probe.
Democratic elections attorney Bill Groth said he believes an Aug. 28, 2012, email Bennett sent chief of staff Heather Neal and other staff members from his state account clearly violates the ghost employment statute.
In the email, Bennett directs Neal and other top aides to review a campaign speech by his Democratic opponent, Glenda Ritz.
Below is a link to Glendas forum in Bloomington. It is 1:35 minutes. I would ask that people watch this and scrub it for every inaccuracy and utterance of stupidity that comes out of her mouth, Bennett wrote.
Bennett defended the email Wednesday.
I dont believe it was inappropriate or constitutes political campaign work to ask the people who best understand the workings of the office to examine those accusations made against the office, he told the AP in an email.
Neal said she was not aware of any political work our staff did on state time or using state resources.
The documents are the latest trouble for Bennett, who abruptly resigned as Floridas education commissioner last month. His decision to step down followed outcry over a story showing he oversaw changes to Indianas school grading system in 2010 after learning a school founded by a prominent GOP donor had scored a C.
Three fundraising lists and a donor call list tailored for Bennett were also discovered on state computers.
A Big Hitter fundraising list and the call list were created by Bennetts fundraising director, Julie Southworth. An expansive database of more than 6,500 party activists and volunteers was created in 2009 by his then-communications director, Cam Savage. The Savage list includes a footnote that it is licensed by Salesforce.com, the partys fundraising tool, to the Indiana Republican State Committee.
Savage argued the list names elected officials Bennetts office would reach out to. But a Republican leader familiar with the document confirmed it is a master list of potential donors distributed by the Indiana Republican Party to its candidates.
The fundraising lists include some of the deepest pockets in Indiana politics.
The first name on the list is Christel DeHaan, the founder of the charter school that benefited from the change to the school grading formula.
Others include Colts owner Jim Irsay and Dan Dumezich, co-chairman of Mitt Romneys Indiana campaign last year.