The Madison Ethics Board dismissed a complaint against Mayor Dave Cieslewicz Monday night that accused him of using public property during his campaign.
The board dismissed the complaint because the ethics code does not clearly address the issue of an incumbent using public property during their campaign. They stated the mayor did not use the public property for profit or personal benefit.
The photograph in question was of Cieslewicz and members of the Madison Fire Department and was distributed by the Friends of Dave Cieslewicz campaign committee. Dorothy Borchardt filed the complaint in violation of the ethics code - which states that no incumbent shall ask to use public vehicles and equipment unless they are available to the public.
Borhcardt said the problem is the publicly owned property, such as the fire engine with the initials MFD, that was used in Cieslewicz's campaign. Borchardt said the MFD and its property can be photographed by the public, and that she had pictures of her grandchildren with the MFD but, the only difference is they aren't running for election."" She said she thought it ""was an honest mistake,"" but does not want to see it happen again in the future.
Attorney Gregory Everts, in defense of Cieslewicz said, ""The facts aren't in dispute"" and that the mayor was photographed at a city fire station and then the photograph was circulated for his campaign. He said, ""It is an issue of whether this is a violation of the ethics code.""
""The fact that the photo was used for political purposes is the issue,"" said ethics board member Chuck Center.
During the campaign, Cieslewicz's opponent Ray Allen complained about the campaign photograph. After the allegations, Cieslewicz's campaign committee stopped the distribution of the flyers and discarded the ones they still had.
Everts said Cieslewicz received no benefit from the photograph.
""This isn't a violation of the ethics code and shouldn't be construed as a violation of the ethics code."" Everts said, who referenced two affidavits, stating that photographs with the MFD are widely available to the public, and that Ray Allen could have photographed with them just as easily.
The board suggested a possible amendment to the ethics code at a later date to clarify the rule on incumbents using public property.
