The Burleigh County States Attorney says county auditor-treasurer Mark Splonskowski may have violated the federal Hatch Act, by sending a number of text messages during working hours, encouraging people to vote against a sitting Burleigh County Commissioner.
Julie Lawyer told the County Commission 66 such messages were sent by the auditor, on his personal phone, during work hours.
"The body of the text read, 'I'm just letting you know, from the perspective of being the county auditor for a year and a half, please do not vote for Brian Bittner for County Commissioner. If you want more details as to why, just let me know. And also let your friends know too. Thanks."
Lawyer said this also violates county policy. She said because Splonskowski is an elected official, the county can’t fire him. But Lawyer said if the Federal Office of Special Counsel finds the auditor did violate the Hatch Act, the county could lose up to twice the Auditor’s yearly salary in federal grant funds.
Lawyer said Splonskowki has refused to comply with an open records request concerning those text messages, saying that because it was his personal cellphone, he was not required to meet that request. She did say the Commission could require him to take training in election administration from the Secretary of State’s office or the Association of Counties.
Splonskowski said little in response to the allegations, except to say he would attend any training the Commission wanted him to.
The Commission tabled further discussion until a later meeting.
