By Kristine Thomas
The Oregon Elections Division has determined Silverton resident Gene Pfeifer, treasurer of Save Old Schools, has violated election laws.
The Save Old Schools committee members opposed the $36.9 million bond measure by the Silver Falls School District on the May 21 ballot. The bond was defeated 58 to 42 percent. If the bond had been approved, it would have paid to convert the Schlador Street campus into a middle school for fifth through eighth grade students; pay for maintenance and facility upgrades at the district’s elementary schools and discontinue the use of Eugene Field Elementary School.
In an Aug. 7 letter, state Compliance Officer Jennifer Hertel said Pfeifer and Save Old Schools failed to meet the deadlines to file the required paperwork for a political committee and campaign finance activity.
According to the letter, the violations were:
ORS 260.035 requiring that no later than the third business day after a political committee receives a contribution or makes an expenditure, the political committee shall appoint a treasurer and file a statement of organization under ORS 260.042
“The first contribution was received by the committee on April 22, 2013,” Hertel wrote. “The designation of the treasurer should have been filed with the Elections Division no later than April 25; it was filed on May 21.”
The Save Old Schools committee generated yard signs and postcards that were identified as being “paid for and authorized by Save Old Schools.”
ORS 260.112 provides in part that if a committee doesn’t expect to receive or spend more than $3,000 in a calendar year, the committee may file a certificate, which is required to be filed not later than seven calendar days after a political committee receives a contribution.
“In this particular case, the threshold was not exceeded; therefore the documentation submitted by Mr. Pfeifer will not be disclosed,” Hertel wrote. “The certificate should have been filed April 29, seven days after receiving the first contribution, it was filed on May 21, making it 15 days late.”
The financial penalty for both election violations is $475, Hertel said in a phone interview – $250 for failing to meet deadline to file a political committee and $225 for failing to meet deadline for filing a certificate.
Hertel said once Pfeifer learned of the alleged election violations on May 16 he came to the Elections Division to discuss the complaints and what documentation was needed. The Elections Division received the requested documentation on June 25.
“The rules he broke were that Mr. Pfeifer collected money for a political campaign and failed to file as a political action committee,” Hertel said. “I don’t think it was intentional on his part. I walked him through the process and he got educated on what he needs to do if he is going to be politically involved. However, not knowing the rules is not a mitigating circumstance.”
Hertel said Pfeifer didn’t know he was acting as a political action committee.
Pfeifer was disappointed the complaint was made. He felt the matter should have been dealt with in a “more civil” manner.
“My way of doing things is to go the party I have an issue with and discuss it with them,” he said. “I was not aware there was a law. The people who supported Save Old Schools are a good bunch of intelligent people who want to get things done to benefit our community.”
While the fine is a financial hardship for Pfeifer, he said he will work with the Elections Division to pay it.
“I was not aware of the rules and when I was made aware that there was a violation, I addressed it immediately,” Pfeifer said.
He wishes community members would focus on finding ways to work together to achieve goals, rather than working against one another.
Pfeifer said he feels the complaint was made to discredit him and Save Old Schools.
“Ken (Hector) should have brought the matter to me,” he said. “I am a civically responsible member of our community. We live in a small town and we should be working together toward solutions.”
Former Mayor Ken Hector filed the complaint with the Elections Division.
“Gene Pfeifer is no stranger to elections, especially for bond measures,” Hector wrote in response to a question from Our Town. “We all play by the rules, but he apparently chose not to, and he was called on it via a complaint to the Elections Division. The sanctions imposed by the SOS Office are in accordance with statutory authority and administrative rules, and therefore appropriate. I hope the public is made aware of his actions.”
Phillip Appleton, who was the chairman for the Friends of the Silver Falls School District, the committee that worked to pass the bond measure, said the violation did not impact the results of the election.
“The citizens of the state of Oregon have put rules in place by which we conduct elections,” Appleton said. “It is important we all play by the same set of rules which allows for openness and fairness in our election process. We all have a responsibility to do things the way the rules have been laid out.”
