MPR: Is Ventura Violating Ethics Guidelines?

Is Ventura Violating Ethics Guidelines?
By Laura McCallum
September 14, 1999

The debate over whether Governor Ventura's money-making activities violate state conflict-of-interest laws shows no sign of ending. One legislator plans to introduce a bill holding elected officials to the same standards as state employees, and the Minneapolis city attorney is considering an activist's complaint over Ventura's return to the wrestling ring last month. An internal memo written by a state ethics officer concluded if Ventura were a typical state employee, he would be violating the law.

SANDY HYLLENGREN is the Department of Employee Relations staffer responsible for resolving conflict-of-interest issues for state employees. The former compensation attorney for the state Labor and Industry Department says in simple terms, state law prohibits employees in the Executive Branch from using their positions to secure a benefit not available to the general public. Hyllengren teaches ethics classes to employees around the state, and advises them to avoid even the appearance of impropriety.

Hyllengren: I always say if you're going to err, err on the side of being too conservative because that will never get you into trouble.

Hyllengren wrote in a memo to Governor Ventura's top advisors last month that Ventura is a state employee subject to the conflict-of-interest statute, and in her opinion, his book tour and pro-wrestling referee job violated the law. Ventura dismissed the document, calling it one person's opinion. Hyllengren wouldn't discuss her memo for this story, but says she takes a conservative view of the law because of the public's eroding trust in government.

Hyllengren: The biggest part of our jobs as state employees isn't found in our position descriptions, it's going to work every day and chipping away at that stereotype to restore citizens' trust in the institution.

Hyllengren says the public should hold state employees accountable, because taxpayer dollars are at stake.

Governor Ventura wouldn't comment for this story, but has said his outside business activities take place on his personal time. He often cites a Ramsey County judge's ruling which cleared the way for him to return to the wrestling ring. The judge denied environmental activist Leslie Davis' request for a restraining order, and questioned whether the governor and other elected officials are subject to the conflict of interest law. One state representative plans to clear up that question by introducing a bill spelling out that the law applies to the governor, other constitutional officers and legislators. DFL Representative Matt Entenza of St. Paul says it's unfair for the governor to be allowed to do something other state employees can't.

Entenza: I'm not saying that the governor can't make any money, I'm just saying that the governor shouldn't be using the office of the governor to make money. And so I think he should just be held to the same standard as anybody else who's a state employee, and I don't think people should run for governor as a way to make money.

Entenza's bill likely faces a tough fight in the Legislature, where lawmakers are wary of challenging the governor, because of his high approval ratings and the fear he could retaliate with line-item vetos. And some lawmakers think it's inappropriate - or even unconstitutional - for legislators to try to restrict the executive branch. Republican Senator Roy Terwilliger of Edina has been trying to clarify conflict-of-interest laws for legislators for several years, but has no interest in expanding his effort to include the governor.

Terwilliger: I guess my feeling is, we should deal with our own house first, so to speak, we should make certain that we're comfortable with where legislators are at before we start judging other people.

Terwilliger says the voters will determine whether the governor is taking advantage of his position. The matter is also pending before the Minneapolis city attorney's office, which is considering Leslie Davis' request to prosecute Ventura for profiting from his wrestling appearance. Davis says no matter what the city attorney decides, he won't give up, because he believes the governor is neglecting his official duties for his money-making activities. Ventura has said he spends most of his energy on being governor.

On his radio show last week, he responded to a caller who called Ventura the hardest-working governor she can remember.

Ventura: Very honestly, I'm working harder at this job than probably any job I've had in recent times. Much more, I work way harder at this job than radio. I would say the only time I ever worked harder was the early parts of my wrestling career where I actually wrestled at one point 63 consecutive nights in a row.

Ventura says the press should spend more time covering his work as governor, and less reporting on his personal life. But as long as Ventura continues to participate in previously unheard-of activities for a Governor, his critics will continue to try to restrict his behavior through legal or legislative arenas.

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