City attorney clears Lansing Mayor Andy Schor after ethics violation accusations

LANSING — Mayor Andy Schor did not commit campaign finance violations or run afoul of city ethics rules when he sent an email last month requesting people to donate to a campaign fund, the city attorney determined.

City of Lansing Attorney Jim Smiertka said Schor has the right to solicit donations for his political action committee and reference his title as mayor while doing so. Smiertka issued the decision on July 10, after Lansing activist Erica Lynn sent an email to City Council Monday requesting their support for an ethics complaint against Schor.

The June 12 email from the Schor Leadership Fund has riled some council members and community advocates.

"There is nothing impermissible or illegal about the Mayor's communication that was sent for review," he wrote. "He is permitted to campaign and raise funds for other races or ballot questions, and he is allowed to reference both his elected office and the City. He is not allowed to use City resources or explicitly say that he will use his office for the benefit of a potential donor but neither of those circumstances are presented here."

Schor wrote that he was seeking partners to implement his vision in the city.

"As we implement our vision of growth for the city, we need partners that will help," Schor wrote in the email. "Please contribute to my leadership fund so I can make sure that we have the right partners growing our city. With two open seats up for grabs, I am working to help elect a new generation of leaders to our City Council. These folks will help our shared vision of Lansing to be a reality. Contributions to the leadership fund will help me support candidates to achieve our shared vision."

In a statement to the State Journal, Schor's campaign said Schor has made endorsements, as do labor unions, chambers of commerce and other groups and politicians. His campaign declined to make him available for an interview but said the fund has existed for 10 years.

"Emails that solicit campaign donations are common and go to a variety of lists," the statement read. "Recipients, even those in government, always have the option to unsubscribe or even just delete the email. Elected officials cannot use government resources or send emails for political use from government addresses, which did not happen here. It is not illegal, and it’s certainly not unethical to support candidates in this city that he cares deeply for and goes to work for every day."

Lynn claimed Schor's use of a logo similar to one the city uses, his position as mayor, his statements about a vision for Lansing and his push for candidates that align with his goals violate Lansing's ethics code.

More: Reconfiguration of Michigan Avenue to include dedicated bike lanes to start this year

"So the reason that I did is just because when I saw that email, I was astounded," she told the State Journal. "The approach that was taken. It felt, it looked, it seemed like it was city communication that was literally campaigning for city council members by way of money solicitation."

Chris Johnson, general counsel for the Michigan Municipal League, declined to comment because of the complaint against Schor. Angela Benander of the Michigan Secretary of State Elections Division also declined to comment if the email violated any ethics laws due to an absence of a formal complaint.

"I didn't take the approach of campaign finance," Lynn told the State Journal. "I literally only looked at the ordinances having to do with ethics, conflicts of interest, representing the city using city resources."

During the June 12 City Council meeting, At-Large City Council Candidate Nicklas Zande called for Schor to resign over the email and called the email bribery.

"I'm sorry mayor, we elect people to represent us, not you," resident Loretta Stanaway said during public comment at the meeting.

More: East Lansing Mayor Ron Bacon, Mayor Pro Tem Jessy Gregg not seeking reelection

Several At-Large City Council candidates, including as Tamera Carter, Jody Washington, Trini Lopez Phlivanoglu and Farhan Sheikh-Omar have denounced the email on Facebook.

Schor's PAC sent a new email in July that included a different logo that isn't similar to one the city uses.

Schor endorsed At-Large City Council candidate Missy Lilje in that email for one of two open seats being vacated by City Council President Carol Wood and Councilmember Patricia Spitzley. Voters will cast their ballots for four at-large City Council candidates to advance to the Nov. 7 election.

Lilje did not return a request for comment.

First Ward Councilmember Ryan Kost wrote a Tuesday post on Facebook denouncing the new email. Candidates D. Taft and Michael VandeGuchte are challenging Kost for his seat.

City Council President Carol Wood told Deputy Mayor Shelbi Frayer during the July 10 City Council meeting she received a new solicitation email from Schor's PAC at her Lansingmi.gov address. She's inquiring with the city's IT department on how to block future emails as she believed other employees received them.

"I'm asking to you to please notify the mayor and his campaign information that he needs to stop sending emails to city accounts, soliciting funds and promoting candidates," Wood said. "I have had this conversation with him before over other candidates that did this. It might not be illegal, but it's definitely improper."

Schor's campaign said they will review email lists to remove "any government email addresses provided to us" from future ones.

Third Ward Councilmember Adam Hussain requested the complaint to be discussed at the July 24 City Council meeting.

Lynn said she'll request City Council to sign their support on a modified version of the complaint.

Support local journalism and get unlimited digital access! Subscribe for only $1 for six months! 

Contact reporter Krystal Nurse at 517-267-1344 or knurse@lsj.com. Follow her on Twitter @KrystalRNurse.

This article originally appeared on Lansing State Journal: City attorney clears Lansing Mayor Andy Schor after ethics violation accusations