This blog has noted before that Ken "Kookinelli," the uncrowned GOP gubernatorial 2013 candidate has refused to resign his position as attorney general given his full time campaigning for the 2013 election in November. Not only is Cuccinelli drawing a salary at taxpayer expense for a job he isn't doing, but he has also been using staff on the office of Attorney General's to work his campaign. Now, Cuccinelli has been challenged to document that he is performing all of his duties and a freedom of information act request has been tendered to the AG's office. Here are the contents of a letter delivered to Cuccinelli:
Attorney
General Ken Cuccinelli
Office of the Attorney General
900 E. Broad St.
Richmond, VA 23219
Dear General Cuccinelli:
For nearly three decades, Attorneys General of both political
parties in Virginia have stepped down from the office to run for Governor. The
reason for this tradition is simple: Virginians elect their Attorneys General to
serve the public, not to run for Governor. In fact, you stated last month: "I
ran to be Attorney General, not to run for Governor." Yet, in recent months, you
have been directing the Office of Attorney General while running for Governor.
This has naturally created a question in the public mind about
whether the resources of the Office of the Attorney General are being invested
in the public interest or in a political campaign. This concern can be readily
dispelled with open information about your office.
Specifically, records about your schedule will reassure the
public that you are not performing campaign functions during your work hours.
Information about your reimbursements will assure us that travel arranged
through the Attorney General's office is official and not campaign-related.
Finally, your office's emails to political organizations will demonstrate that
no campaign work has been performed using the Office of the Attorney General's
resources. Virginia's Freedom of Information Act (FOIA) follows Virginia's
traditions of sunlight and accountability in government, befitting the
Commonwealth that gave constitutional democracy to the world. As per
§2.2.3700(B) of the Code of Virginia:
"The affairs
of government are not intended to be conducted in an atmosphere of secrecy since
at all times the public is to be the beneficiary of any action taken at any
level of government. Unless a public body or its officers or employees
specifically elect to exercise an exemption provided by this chapter or any
other statute, every meeting shall be open to the public and all public records
shall be available for inspection and copying upon request. All public records
and meetings shall be presumed open, unless an exemption is properly
invoked."
§2.2.3700(B) further states:
"The
provisions of this chapter shall be liberally construed to promote an increased
awareness by all persons of governmental activities and afford every opportunity
to citizens to witness the operations of government."
As these sections make clear, the Code expressly intends to
ensure that Virginia's taxpayers know how every elected official, including the
Attorney General, is spending our tax dollars.
Pursuant to the Virginia Freedom of Information Act,
§2.2.3704(G) et seq., and as a Virginia resident, I
therefore request copies of records of the following items:
1. Records of your schedule from Microsoft Outlook and/or
any other electronic scheduling software for the months of December 2012 and
January 2013.
2. Records of your schedule from Microsoft Outlook and/or
any other electronic scheduling software for the days of February 1, 2, and 3,
2013.
3. Records of your schedule from Microsoft Outlook and/or
any other electronic scheduling software for the day of February 4,
2013.
4. Any
reimbursements, allowances, or travel charges that you have personally received
for the months of December 2012 and January 2013.
5. For
the months of December 2012 and January 2013, any email correspondence between
you and any other staff of the Attorney General's office and any staff or
associates of the following parties:
- The Republican Party of Virginia
- The Republican Governor's Association
- The Cuccinelli for Governor campaign
These
records will be readily accessible by your staff in electronic format and so
should be sent quickly and without additional fees. Indeed, §2.2.3704(F) of the
Virginia Code prohibits the imposition of "any extraneous, intermediary or
surplus fees or expenses to recoup the general costs associated with creating or
maintaining records." Further, "Any duplicating fee charged by a public body
shall not exceed the actual cost of duplication."
Will Cuccinelli
comply? I doubt it. First, he
thinks he is above the rules that govern everyone else. Secondly, if he
does provide accurate documentation it would prove that he is ripping off
Virginia taxpayers who are being forced to finance his campaign. As noted before on this blog I had a close up
view of what a statewide race involves, first when my former law partner Mark
Earley ran for Attorney General and later for Governor. There is
virtually no way that Cuccinelli can be performing his duties as Attorney
General and campaigning at the same time. It simply is not
possible. He if claims otherwise, he's a liar plain and simple. Cuccinelli
needs to either resign or be brought up on ethics charges and removed from
office.