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LEWISTON – Maine’s ethics commission lacks the authority to investigate an allegation made by state Republicans against Gov. John Baldacci’s campaign manager and, from the evidence presented, it doesn’t appear any violation of law occurred, according to a letter released by commission staff.

On Wednesday, Julie Ann O’Brien filed a complaint with the Maine Commission on Governmental Ethics and Election Practices accusing Jesse Connolly of misusing a state computer system to raise funds for Baldacci’s re-election.

At issue was an automated telephone call placed by the campaign asking people to attend a campaign fundraiser with former President Bill Clinton. A state worker complained to the ethics commission and then to the Republican Party that he had been called at work and the message left on his voice mail.

On Thursday, Jonathan Wayne, the ethics commission director, responded to the complaint in a letter to O’Brien.

“I appreciate the concern underlying the request,” Wayne wrote. “As a general matter, however, use of state resources for political purposes is not within the jurisdiction of the commission.”

After examining state law on the matter, Wayne also wrote, “The receipt of telephone calls by public employees would not appear to fall within the prohibition” on using a state government computer system for political purposes.

Wayne also advised O’Brien that she could consult with the Attorney General’s Office regarding the phone calls.

Barry Flynn, a spokesman for the Maine Republican Party, said they were reviewing the possible moves with their attorneys.

“We consider this a very serious issue, and we’re treating it accordingly as we consider any future options,” Flynn said.

Connolly was also waiting to see what might happen next.

“While we’re pleased to learn about the decision from Jonathan Wayne, we also knew that this was an honest mistake,” Connolly said. “We never intended to call people at work, and we never intended to call state workers at work.”

According to Connolly, the automated telephone calls went to 28,000 people in the campaign’s database. After learning of the concerns expressed by the Republican Party, the campaign found about 70 numbers that could come from the state government exchange and removed them from the database.

“We’re looking forward to getting back to talking about the issues in the election,” Connolly said.

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