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Tuesday, May 3, 2016

Possible violations being investigated

Friday, April 29, 2011

(Photo)
All five of the candidates in the Brazil Mayoral race were on hand at the Clay County Courthouse Thursday for an informational meeting of the Clay County Election Board regarding potential campaign finance and election law violations stemming from an advertisement placed in The Brazil Times by a local not-for-profit organization. Jason Jacobs Photo. [Order this photo]
An investigation has begun into whether a local not-for-profit organization committed campaign finance and election law violations.

During Thursday's meeting of the Clay County Election Board, information was provided about the placement of political advertising by the Fraternal Order of Police (F.O.P.) Lodge 114, which may have been in violation of Indiana Election Law.

Clay County Deputy Clerk Beth Mallinak informed the board she had received phone calls from concerned citizens and WTHI-TV in the past week regarding whether or not the F.O.P., had officially opened a Political Action Committee.

The advertisement in question, which ran in the April 11 edition of The Brazil Times, proclaimed the F.O.P. was endorsing Brian Wyndam for the position of Mayor of Brazil.

Reading from a formal complaint filed by Samuel Conner, Mallinak said under Indiana Law, not-for-profit agencies are not permitted to endorse candidates or expend more than $100 during a calendar year without forming a Political Action Committee (PAC).

Mallinak added not-for-profit organizations have 10 days after surpassing the $100 expenditure amount to file for the formation of the PAC, and provided information that the half-page advertisement (which cost $300) was paid for April 7, while the PAC was not officially declared until April 27.

Board Chairman Rick Alumbaugh said with the information provided, the board was "going to have to dig a little deeper, check what the Indiana Code specifically states and double-check the dates."

Board Secretary Vickie Wheeler made a motion to begin an in-depth investigation into the matter, which John Turner seconded and the board approved 3-0. Turner sat on the board as the appointed proxy Republican board member as Dave Mallinak cited a conflict of interest as he has had dealings with the F.O.P. in the past.

Alumbaugh and Wheeler told The Brazil Times potential penalties include fines and the possible filing of criminal charges up to an A misdemeanor, depending on the severity of the violations. Should a fine need to be levied, all interested parties must be notified through certified letters.

The board recessed the meeting and agreed to reconvene at 5 p.m., Monday, May 23, in the Commissioners' Courtroom at the Clay County Courthouse to reveal the findings of the investigation as well as the final determination in the matter. During this meeting, the floor will also be opened for public comments to be made.


Comments
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Small town politics rears it's ugly head...

-- Posted by Dagnabbit on Fri, Apr 29, 2011, at 9:33 PM

The only reason this is an issue now is because Mayor Bradshaw is not the one being endorsed. She is good about calling the local media and then sitting around like an innocent bystander. Funny she can't speak in public but can sure show up for this. Brazil Citizens I hope a good decision is made on election day!

-- Posted by letsgettherealtruth on Fri, Apr 29, 2011, at 10:05 PM

At this point who cares if the Mayor speaks in public,have laws been broken? If so who did break the laws,sounds like a good case with good eveidence and if its proven will the Clay co Prosicuter even do anything with it?

Wou;d you buy a used car from any of those involved? I hope not.

-- Posted by You Think? on Fri, Apr 29, 2011, at 10:18 PM

And I wouldn't hire you to teach spelling.

-- Posted by BWare on Fri, Apr 29, 2011, at 11:28 PM

If any laws were violated, it was by the non-profit and not any of the candidates. Otherwise, you could even say the paper was liable for selling the ad space. This doesn't change my mind on who to vote for, I still believe Mr. Wyndam will be an excellent mayor for this town.

-- Posted by FlyOnTheWall47834 on Sat, Apr 30, 2011, at 12:01 AM

.

-- Posted by brazilbooster on Sat, Apr 30, 2011, at 5:57 AM

I seem to recall during the previous Mayoral election that Mayor Bradshaw did not have disclaimers on her yard signs, and wasn't aware of it until another candidate called her and told her. She corrected her error as soon as she was notified, as did the FOP. The difference is that a letter wasn't written to the election board and a complaint filed. And if the mayor didn't know that she needed a disclaimer (and she is a politician) then I would think that this is a common error that people make.

I would be curious to know from the election board how many complaints of this nature they have had to investigate in the previous elections?

Why would the Chief of Police place an ad in the local newspaper without first verifying the CORRECT status of the local FOP? They are not a 501(c)3 organization, this erroneous information in his advertisement makes him libel.

He should know the law, after all he is the Police Chief.

If Larry's ad is an indicator of how police officers are viewed and respected by their Police Chief, then I don't blame them for endorsing another candidate.

Let the Election Board do their job, and go from there.

-- Posted by rukiddingme62 on Sat, Apr 30, 2011, at 6:37 AM

The question I would ask is..when FOP calls to ask for donations, what do they say those donations are used for??? Injured policeman's familes, programs for children....Never have I heard that the money is to be used for backing a candidate. That is where I see the problem here. Instead of arguing which candidate knew what, maybe remove your support from FOP if they are misrepresenting what donations are used for or don't have safeguards in place to control this as maybe their other money is not used as stated either? I always ask what percentage of collected funds actually goes to stated projects before I commit to a donation as I want the money I donate to go towards things I stand behind. If over 10% of donations go to "administrative" costs, I give to someone else. I don't need to support mismanaged foundations or those who hire out to third parties to make money for them at high cost.

Have a good day.

-- Posted by Jenny Moore on Sat, Apr 30, 2011, at 8:16 AM

Maybe I should call and alert the election board that Mayor Bradshaw has a sign for another political candidate in her yard. I thought if you were running for political office you could only have your own sign in your yard. If the police officers could only tell half of what they have been through over the past few years everyone would be shocked. Allegations of infidelity, retribution for arm service members, threats for not supporting her. But they dare not open their mouths or face the wrath of Mayor Bradshaw. Please everyone vote her out!!!

-- Posted by getit2gether on Sat, Apr 30, 2011, at 8:48 AM

Isn' this sourgrapes over one of the police chiefs who was just demoted when he could have been fired?

-- Posted by grays on Sat, Apr 30, 2011, at 9:02 AM

Wyndham is breaking the law by having a sign on state highway right of way across from wal-mart. He placed that there without permnission.

-- Posted by grays on Sat, Apr 30, 2011, at 9:18 AM

No, this is not a case of sourgrapes, this is a situation that if your employee's don't back you....you make it hard on them, PEROID. Honestly, if the police department does not agree with the way the current administration is dealing with executive decisions, then there is a problem. If the citizens of Brazil REALLY want progress and want a change,hopefully for the better,then they will vote for the candidate that can do more than one thing at a time,actions are louder than words, so if the current leader does not do much,and does not say anything.....STATE OF THE CITY..etc..what do we have...NOTHING...drive thru town,and look

-- Posted by letsgettherealtruth on Sat, Apr 30, 2011, at 9:28 AM

getit2gether, please cite the law that says a political candidate can only have their own sign in their yard.

getit2gether, take a refresher in Politics 101.

-- Posted by BWare on Sat, Apr 30, 2011, at 9:38 AM

holy goop gobbers batman! it looks like catwoman and commissioner gorden are up to no good! holy atomic pile of dung catwoman and the commissioner are stirring here in gotham city. maybe we should seek the assistance of the justice league to get to the bottom of catwoman's and the commissioner's evil plot!

-- Posted by madmarkbedwell on Sat, Apr 30, 2011, at 11:25 AM

I like madmarkbedwell's comments....lets go with what he said. Brazilbillies. HA!

-- Posted by hoosier01 on Sat, Apr 30, 2011, at 11:38 AM

I believe a candidate for office is pretty much the same as any other citizen and can post as many signs in their yard as they wish. I would highly doubt there is a law that prohibits this. Just because someone said it doesn't make it true. The last time I checked, Brazil, Indiana was still a part of the United States of America.

-- Posted by SNG621 on Sat, Apr 30, 2011, at 2:40 PM

Come Tuesday , everyone can vote for the lesser evil. and then Wed. we all can complain for who or who ever doesnt get in.

Brizil is backwards and Alway will be.

Nothing Will Change ! no matter who gets in !

-- Posted by carebuttonbroke on Sat, Apr 30, 2011, at 4:18 PM

SNG621, of course they can have signs. I don't know where getit2gether came up with that idea.

-- Posted by BWare on Sat, Apr 30, 2011, at 5:09 PM

I agree with "carebuttonbroke"......Nothing will ever change..........it's been that way for many generations, and obviously will continue.

-- Posted by JaniLou on Sat, Apr 30, 2011, at 5:26 PM

BrazilResidents2003:

You are correct that not all of the police are members of the F.O.P. Out of 13 officers on the Brazil Police Department, 9 are members of the F.O.P.. The only members of the Brazil Police Department who are not members of the F.O.P. are Larry Pierce, Mark Loudermilk, Jeff Bucklin and John Goldner. Not to mention that over 75% of the Clay County Sherrif's Department are members of the F.O.P. as well as State Police, Clay City Police and Indiana Conservation. You stated "The F.O.P. thing is a few city police that don't like things run the right way like Cheif of Police Pierce is doing. And you know who you are. For everyones information ALL POLICE are not part of the F.O.P." I am here to tell you that the overwhelming majority (with the except of those stated above) of law enforcement in this community (Clay County) does not support the current Mayor Ann Bradshaw because the majority of law enforcement in this community are F.O.P. members. So when you say "The F.O.P. thing is a few city police" you are absolutely wrong. I suggest that you get your facts straight before you comment on something you know absolutely nothing about.

-- Posted by let it be known on Sat, Apr 30, 2011, at 6:04 PM

The FOP may come out as slating a particular candidate, but that does not mean that each individual FOP member is going to vote for that person.

BrazilResidents2003, how's that City job working out for you?

-- Posted by BWare on Sat, Apr 30, 2011, at 6:28 PM

I believe the word you are looking for is, "Owned."

-- Posted by Angry Camel on Sat, Apr 30, 2011, at 11:01 PM

Grays, I wish people knew the real truth why the former chief was demoted maybe then they would not believe the lies that have been put out by him and his people.

-- Posted by mdh1175 on Sun, May 1, 2011, at 12:37 AM

I thought the former chief resigned!!

-- Posted by Uugh on Sun, May 1, 2011, at 2:36 PM

I agree with you Grays and mdh1175 if everyone only knew they would shut up and be happy we have a Mayor who will not tolerate the stealing and being dishonest because of one cop being dishonest the people that needs car seats for their children and can't afford them won't get them because the City lost that grant !!

I know you are going to say but he paid it back, he had to borrow the money to pay it back, now what would he have done with it hmmmmmmmm

This complaining is coming from inside the department and these comments are written by them, grow up and be honest and you won't have this problem.

-- Posted by bowling on Sun, May 1, 2011, at 2:43 PM

The only reason anyone is even hearing about this, or for that fact that this even is happening, is because the Mayor is upset that the F.O.P didn't run a half page ad for her.

May 3rd people - get her out of there!! Maybe when she's gone other people can get jobs in this town, besides her family members!!

-- Posted by PutGrad06 on Sun, May 1, 2011, at 3:01 PM