Mike Dennison - IR State Bureau - 05/10/07

HELENA -- In the wake of Gov. Brian Schweitzer's trip to the Kentucky Derby for a political event last weekend, the Montana Republican Party Wednesday asked the state political practices commissioner whether the trip violates state law on gifts to public officials.

"We just want some clarification of the law," said Chris Wilcox, executive director for the Montana Republican Party. "We want to know that it's being followed by all of Montana's public servants, especially when that travel is specifically for a political purpose."

Wilcox wrote a letter to Political Practices Commissioner Dennis Unsworth, asking for a written opinion on the issue.

Yet Unsworth said Wednesday he doesn't issue "advisory" opinions on potential ethics violations.

He said he'll respond to Wilcox's letter and explain the law, but that a formal opinion wouldn't be issued unless someone files a formal complaint alleging a violation of ethics laws.

Schweitzer, a Democrat, traveled to Louisville, Ky., on Saturday to attend the 133rd running of the Kentucky Derby, as part of events sponsored by the Democratic Governors Association.

A DGA spokesman said the group held a general fund-raiser and also met with Democratic candidates running for governor in Kentucky this year.

The DGA is an independent political organization that helps raise money and campaigns for Democratic gubernatorial candidates across the country. Schweitzer is finance chair for the DGA, which paid for his trip to Kentucky and the Derby.

Wilcox's letter to Unsworth asked for an opinion on whether it's a violation of the state gift law for a political group to pay for a ticket and/or travel costs to a sporting event, if those costs are more than $50.

If the activity does not violate gift laws, Wilcox asked whether the costs must be reported as any type of contribution to the public official.

Unsworth said state law does not have an outright ban on gifts to public officials. The law says a gift worth more than $50 violates state law if it's given as part of an effort to sway an official's decision, he said.

Schweitzer said this week that Montana taxpayers "didn't pay a dime" for his trip to Kentucky over the weekend.

Sarah Elliott, Schweitzer's press secretary, declined to comment on Wilcox's letter.