DA won't pursue complaint about official e-mailbox in campaign

BRUCE KAUFFMAN
Staff Writer

SAN MARCOS ---- The county district attorney's office said on Wednesday it will not pursue a complaint filed this week that alleges Palomar College board member Michele Nelson is improperly using public property ---- an e-mail box issued by the college ---- in her re-election campaign.

The complaint came from Lawson Chadwick of Oceanside, the head of a group that aims to oust the incumbents in the Nov. 5 election. He said that when viewers click on a link at Nelson's campaign Web site to contact her, the e-mail goes to an official account at Palomar College.

Nelson, one of four candidates for two seats for four-year terms on the board, said she had no intention of campaigning with public resources and she is changing the link immediately.

She noted that even though it costs the college nothing extra when she's contacted from the Web site through her official e-mailbox, a distinction still must be drawn between campaign activity and official duties.

"It is absolutely clear that Palomar College is never to spend any money on supporting any candidate," she said. "I honor and appreciate those legal requirements and I will change (the e-mail link) immediately."

Chadwick, who said he is acting as a "concerned citizen" and not as head of the Citizens for Quality Education, wrote the district attorney's office in a Labor Day e-mail of a "possible" illegal and unethical use by Nelson of her electronic college mailbox.

Chadwick's wife, Nancy, is also a candidate, but she is not challenging Nelson. She is one of four seeking a two-year term in a seat now held by an appointee, Silverio Haro of San Marcos. She has the backing of Citizens for Quality Education, which includes among its officers current and past leaders of the unions for teachers and classified staff.

Lawson Chadwick said that clicking on a link on Nelson's campaign Web site brought Internet users to a pre-addressed template for writing an e-mail. The address on the message form was This e-mail address is being protected from spambots. You need JavaScript enabled to view it . That mailbox, he said, was created with public money.

Nelson said she has changed the campaign e-mail address to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . That address will come up when viewers at her Web site ---- www.michele-nelson.com ---- click at a prompt to contact her with comments and questions. She said she wanted to make it clear that the Web site itself has been paid for strictly with private money.

In his note to the district attorney's office, Chadwick wrote, "I want to report a possible illegal and unethically [sic] use of her Palomar College e-mail address as her 'contact' address?? This is the address that appears if a person clicks onto the statement at the bottom of her home page; her campaign web material fools the public."

In an interview Wednesday, Chadwick said the e-mail box was "created by public funds, so public funds are contributing to her campaign."

Palomar spokesman Mike Norton said he could not place a dollar value on the e-mail box assigned to Nelson. He said the college sets up hundreds of such accounts not only for board members who want one, but also for any administrator, teacher or staff member.

At the district attorney's office, Liz Pursell, a spokeswoman, said the complaint does not warrant further action. "We have looked at the letter and the facts and the circumstances," she said, "and the allegations will not support a criminal prosecution."

The two incumbents in the race for a four-year seat, Nelson and Robert L. Dougherty Jr., both of Poway, face challenges from Mark Evilsizer of Vista, a teacher who has been active in the Palomar faculty union, and Rebecca Faubus of Bonsall, a former Palomar student and student government official. Nelson is a retired community college official and Dougherty is a family physician.

Aside from Nancy Chadwick, Luene H. Corwin and Marla Johnson, both of Escondido, are vying with incumbent Haro for a two-year term. Corwin is a retired community college administrator; Johnson, a public relations coordinator; Chadwick, a retired academic planner; and Haro, an academic adviser at Cal State San Marcos.