New York, NY – Unalaska Mayor Shirley Marquardt is asking for more time to present evidence to state authorities that she did not break state law during her mayoral campaign.

A letter sent on Friday to Alaska Public Offices Commission Executive Director Brooke Miles from Marquardt's Anchorage-based lawyer, Thomas P. Amodio, requested that the commission wait to determine whether to levy the two $500 fines against Marquardt recommended by APOC Investigator Jeff Berliner in his January 28 report to the commissioners, a decision that is scheduled for APOC's Thursday meeting in Juneau.

In the request for continuance, Amodio described the report's allegations against Marquardt to be "unfounded," and said the report "contains numerous statements and conclusions that require a detailed response."

"Ms. Marquardt deserves the opportunity to clear her name and show that no violations of law occurred," he wote. "Although she attempted to do this with her factual responses [to the APOC investigator], it is obvious from staff's report that a legal response is necessary."

Marquardt declined to elaborate on the request, stating via e-mail that "There is an ongoing process that needs to play out, and I am choosing to not get into a 'he said, she said' discussion via KIAL while that is happening."

Amodio similarly declined comment, saying the request spoke for itself.

"What's in the letter is in the letter," he said.

The letter takes issue with allegations made in Berliner's report, which agreed with many aspects of a complaint filed by Unalaska resident Jeff Hancock over a message that Marquardt had sent to friends from her official city e-mail address during the run-up to the October mayoral election. Hancock had alleged that the e-mail broke several state laws governing the behavior of public officials in Alaska.

Berliner agreed that the message had constituted an illegitimate use of public resources, and also argued in his report that Marquardt's uncompensated use of office equipment and space at Samson Tug & Barge Co., her employer, for campaign purposes constituted an illegal corporate donation.

In the letter on behalf of Marquardt, Amodio argued that:

- Marquardt deserves an opportunity to fully respond to the January 28 report.

- Because the new charge relating to Samson office use was not a part of Hancock's initial complaint, Marquardt is entitled to a chance to refute it. "Although the violation is unfounded, it nevertheless requires a response," Amodio wrote. "Ms. Marquardt is entitled, under due process of law, to notice of the violation and an opportunity to respond." He wrote that the January 28 report "was the first time that Ms. Marquardt learned that she was accused of this new violation."

- Marquardt had not been notified that an earlier election incident would be mentioned in the report, and should have a chance to respond to it. The incident in question was a call APOC received from Hancock during the 2006 District 37 House of Representatives campaign, in which Hancock complained that Marquardt had used a city-funded reception at the Grand Aleutian Hotel to launch then-Rep. Carl Moses's write-in candidacy. Marquardt said she was unaware that Moses was planning to launch his candidacy at the event, and no investigation was launched. At the time, APOC Assistant Director Chris Ellingson "cautioned the mayor about the prohibition of using public funds for campaigns," according to Berliner's report.

- Marquardt should have the opportunity and adequate notice to request witnesses to support her case, and to have her attorney appear in person before the commission.

APOC commissioners will decide Thursday whether to honor Marquardt's request. APOC staff members involved in the case were in meetings today in Juneau, and as of this afternoon had not immediately responded to e-mail and phone messages.

[News Director Charles Homans is out of the office this week, but can be reached at charles@kial.org.]