The Minnesota Attorney General's office advised Gov. Ventura nearly two years ago that he is subject to conflict of interest laws. The memo was released during a legislative hearing about whether the governor must abide by the state ethics code, and whether his new XFL contract violates the code. Ventura says lawmakers who criticize his moonlighting have too much time on their hands.
Ventura's Commissioner of Employee Relations, Julien Carter, contends the law suggests Ventura is not a state employee, and not subject to the conflict of interest laws.
(MPR Photo/Laura McCallum)
THERE WAS NEAR UNIVERSAL CONSENSUS at the House State Government Finance Committee hearing that the governor is a state employee. The attorney general's office, a former state ethics officer, and a Hamline University professor testified that the governor is an employee of the executive branch. The lone dissenter was Ventura's Commissioner of Employee Relations, Julien Carter, who contended the law suggests Ventura is not a state employee, and not subject to the conflict of interest laws.
"Employee means any person currently occupying or on leave from a civil service position..." Carter explained.
Carter says lawmakers should clarify the law if they want to stipulate that the governor is subject to the ethics code. But Rep. Doug Reuter (I-Owatonna) disagreed with Carter's rationale and says it's obvious that the governor is a state employee.
"If you went out on the streets of any town in Minnesota, and asked the people of this state if the governor was an employee of the state, and if the governor should be subject to these laws, I don't think you'd find very many that would say, 'no,'" Reuter said.
Reuter says Ventura's new XFL job violates the ethics code that prohibits state employees from profiting from their positions. Reuter and other lawmakers say Ventura only got the lucrative contract to provide color commentary for 10 XFL games because he's governor.
Employee Relations Commissioner Carter concluded Ventura didn't use his office to get the job because Ventura has done football commentary in the past. But committee chair Phil Krinkie (R-Shoreview) says Ventura wasn't getting national contracts in the months before his election.
"It would certainly seem to me that if he were employed as a talk show host in a Twin Cities radio station, than that is far different than having substantial contracts with remuneration on a national level," Krinkie said. "It's like we've got a lounge singer going to Hollywood."
"It's like we've got a lounge singer going to Hollywood."
- Rep. Phil Krinkie
Krinkie says he plans to introduce legislation next session to prohibit the governor and other elected officials from holding down outside jobs. Ventura didn't attend the hearing, but called the legislators' comments "much ado about nothing."
"They want to come after me, bring it on!" said Ventura. "If that's all they've got to do, then let 'em do it. I'm conducting state business; you're wasting my time here with all of this stuff because it is a big waste of time."
Ventura says he hasn't violated any ethics laws. He says any governor could have been hired by the XFL. He says lawmakers should get their own house in order before attacking him. He says part-time legislators aren't required to disclose their outside contracts.
An attempt to clarify the ethics code died in conference committee last year, but this session, there may be more support for reigning in the governor's moonlighting.
Laura McCallum covers the Capitol for Minnesota Public Radio. Reach her via e-mail at lmccallum@mpr.org.