Former caucus staffers to refuse to testify before board
11:17 AM 3/14/03
Dee J. Hall Wisconsin State Journal

Citing their right against self-incrimination, up to six former Democratic legislative caucus employees are refusing to testify in an Elections Board investigation into whether the Democratic Party of Wisconsin illegally used state employees to compile lists of voters for candidates.

According to an Elections Board document, the six intend to assert their Fifth Amendment right if subpoenaed to give sworn statements in the investigation of allelgations made in a lengthy complaint filed by former Democratic Party official Donald Fish. Elections Board attorney George Dunst is scheduled to report on his investigation to the board at its March 26 meeting.

Asked what the board will do if the key witnesses refuse to testify, Elections Board chairman Steven Ponto said he doesn't know.

"We'll have to hash it through then (March 26)," said Ponto, a Milwaukee attorney appointed by former Gov. Scott McCallum. "I'm not sure what options we'll consider and what options we'll have."

Some attorneys for the former caucus employees said they advised their clients not to talk to the Elections Board because anything they say could be used against them by other law-enforcement officials. District attorneys in Madison and Milwaukee have a continuing "John Doe" investigation into illegal campaigning and fund-raising at the four now-defunct legislative caucuses.

John Walsh, attorney for former Senate Democratic Caucus director Andrew Gussert, said he advised Gussert not to give any sworn statement to the Elections Board because it could expose his client to "a criminal investigation or indictment."

The complaint filed by Fish a year and a half ago alleges that employees of the taxpayer-funded Assembly Democratic Caucus and Senate Democratic Caucus improperly used their time and the resources of the state to compile voter lists for the Democratic Party, which in turn were used by candidates.

Fish alleges that the lists included such information as whether voters gave money to Democratic candidates, whether they placed signs for Democratic candidates in their yards and whose nomination petitions they'd signed.

Fish, who was in charge of the voter files for the party, said such free use of state resources from 1998 to 2000 constituted an "in-kind" campaign contribution worth hundreds of thousands of dollars by the state of Wisconsin to the party, which reported no such contributions.

He also alleged that the arrangement violated other campaign-finance laws, including the prohibition against soliciting campaign services on state property. Fish said in his complaint that he and the caucus employees divvied up duties associated with creating and maintaining the lists.

In late January, Dunst notified the six, including Gussert and former Assembly Democratic Caucus director Tanya Bjork, that he was authorized to issue subpoenas by mid-February if they failed to give depositions.

However, Kevin Kennedy, executive director of the Elections Board, said no subpoenas have been issued. He declined to talk about any details of the investigation except to say the board has a variety of options, including referring the matter to Dane County District Attorney Brian Blanchard. He also noted that Blanchard could take up the case without a referral.

Blanchard declined comment.

Attorney Lester Pines, who represents Bjork, said he advised his client not to give a deposition to the board because, "The Elections Board has already received information about this whole matter. There's no reason for them to take Tanya Bjork's deposition.

"Nothing should be read into this," Pines added, "but they have all the information they need."

Attorney Lisa Goldman, who represents former Senate Democratic Caucus staffer Rachel Roller, said her client has no reason to voluntarily give a statement to the Elections Board.

"With the Elections Board, they have no power. It's a waste of time," Goldman said. "They can't give you immunity. I don't believe any of these people (former caucus employees) will go voluntarily."

And if Roller is subpoenaed, Goldman said, she will refuse to answer any questions that could incriminate her.

David Hase, attorney for the Democratic Party, said aside from Fish, no one from the state party has been asked to give a deposition in the complaint. The party argues that the lists of names, voting preferences and other data it got from the caucuses was public information, Hase said.

"Our position is that information generated by government agencies is public information," Hase said. "It's really information in the public domain that anyone's entitled to have."

However, Fish noted in a document filed in January with the Elections Board that not everyone could get the lists. He cited a September court hearing in which Branda Weix, a former Senate Democratic Caucus database expert, testified that she declined a request by her boss, Gussert, to provide a list to District Attorney Blanchard's campaign because she didn't feel like doing it.

Blanchard, a first-time candidate, testified he didn't know Gussert was a state employee when he asked for the list, and Dane County Circuit Judge Sarah O'Brien cleared Blanchard of any wrongdoing or conflict of interest in the incident.

Weix's testimony also is being sought in the Fish complaint. Her attorney, William Ginsberg, declined to comment on how she will respond.