The Attorney General’s Office has issued a warning to Jaffrey’s town manager for failing to have his name attached to a political advertisement campaign that advocated for the defeat of two warrant articles that appeared on the March 2017 Jaffrey-Rindge School District ballot.
The investigation by the attorney general’s office also found that Town Manager Jon Frederick’s actions could not be considered unlawful electioneering, as he is defined as a public employee by state statute.
“Your failure to include your name and address on JaffreyVotesNo.com or, alternatively, on the political advertising, could constitute a misdemeanor,” wrote Assistant Attorney General Matthew T. Broadhead in a letter to Frederick dated Dec. 17. “Although we will not take any further action in connection with this matter, be advised that any future failure to comply with our state’s political advertising laws may result in criminal prosecution.”
Three complaints were filed with the Attorney General’s Office in 2018, alleging that Frederick had violated the state’s statutes relative to political advertising and electioneering by public employees.
Complaints were filed after a website and political advertisements were created to ask Jaffrey voters to go against two Jaffrey-Rindge School District warrant articles: one that would have changed the district’s funding formula and another that would have changed the required percentage of voters needed to change the district’s articles of agreement.
More than 96 percent of Jaffrey voters turned down each warrant article, compared to 90.8 percent of Rindge voters approving of the funding formula change and 51.9 percent of Rindge voters approving of the articles of agreement change.
Broadhead said in his letter that while the website JaffreyVotesNo.com – which was disclosed on each political advertisement – had the phone number for the town manager’s office listed, that does not constitute as an adequate disclosure by state statute.
The complaint filed relative to electioneering stated that Frederick violated state law by electioneering as a public employee while performing his official duties and that a town manager should not engage in any act that is designed to influence voters.
Broadhead’s letter states Frederick admitted responsibility for the “subject political advertising” and that he was acting under the direction of the town’s select board.
Broadhead wrote that town managers are not considered public employees because they are appointed by a town’s select board.
Nicholas Handy can be reached at 924-7172 ext. 235 or nhandy@ledgertranscript.com.