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Administrative Law Judge Upholds Auditor's Decision to Impose Penalties against Emilie Boyles - 6/5/06

Contact: Gary Blackmer
June 5, 2006
Emilie Boyles Ordered to Repay Public Campaign Funds
Administrative Law Judge Upholds Auditor's Decision to Impose Penalties
PORTLAND, OREGON - State Administrative Law Judge David Gerstenfeld has upheld the City Auditor's decision to impose penalties against former City Council Candidate Emilie Boyles and revoke her certification as a publicly funded candidate.  The Judge's order is a final order of the City under City Code Chapter 2.10.  (Download PDF copy of the Final Order , PDF document, 395kb)
Ms. Boyles was penalized on April 19 and her funding was revoked when she was cited for violations of spending guidelines by prepaying for a one-year lease. Boyles was also cited on April 26 for additional penalties for paying too much for the services of her daughter and Vladimir Golovan, as well using public funds to pay for a telephone in her residence and to repay debts to campaign consultants. Boyles must repay the $144,905 she received in public financing and $14,000 in penalties, plus 12 percent interest.
Among other findings, the Final Order states: “By spending public funds, Boyles was obligated to ensure she spent those funds only on bona fide services and paid no more that a fair market share.  Boyles could have, but did not, take reasonable steps to ensure that happened…”
"Publicly funded campaigns have already changed the campaign landscape.  When they agree to participate, future candidates must understand that they face a high standard," said City Auditor Gary Blackmer.  "When the Auditor’s Office finds violations it takes strong action.  When Ms. Boyles broke the rules she lost her certification as a publicly financed candidate, and will now need to repay the money plus fines and interest."
Members of the Citizen Campaign Commission coordinated the hearing and observed the proceedings to identify any issues or recommendations for improvement.  “Emilie Boyles had the opportunity to make her case in a fair and open hearing.  The safeguards in the system worked and she now needs to repay the City,” said Leslie Hildula, Citizen Campaign Commission Chair. The Commission will issue a report to City Council in the fall with recommended improvements and changes to the City Code & administrative rules.