Lynch To AG: Probe Benson's Use of State Workers

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By Josh Rogers on Thursday, October 21, 2004.
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Lynch accuses the Governor's campaign staff of using state workers to conduct opposition research. The Benson campaign denies the charges.

The concern springs from an article in the Nashua Telegraph where longtime Benson staffer Keith Herman admitted asking a state agency about John Lynch's former Company, Knoll Incorporated……Herman told the Telegraph he didn't see anything wrong with the overture, adding that he just "wanted something technical explained."…..A line echoed by Benson campaign spokesperson Alicia Preston.
"Keith Herman called DES like you'd call any expert in the field to ask a question and get clarity. That was it. End of story."

Herman's query was fielded by department of environmental services air resources director Bob Scott. According to Scott, Herman wasn't after a technical explanation. He wanted documents -- specifically permits than might detail pollution emissions from the Knoll manufacturing plants in Pennsylvania.
"He basically asked me if we had copies of the permits for those facilities. I told him I would look for them."

Scott says he then solicited the aid of a colleague.
"I asked one of my guys can you look on website. I just assumed they'd be on the website. Pennsylvania's a lot bigger, so apparently that permit wasn't. When it wasn't we gave him a name and number to go and find it."

Scott says he sees nothing wrong with what was done -- he says he would have done the same for anyone who asked. But on its face the request was unusual in at least one regard. Knoll has no manufacturing plants in NH, and would have had no dealings with state regulators. But the Lynch campaign goes further. They say what happened was more than odd…..They point to an e-mail they say they received from a DES employee. The E-mail says when Herman's request came in, the department put an Attorney to work researching the matter…… Lynch Lawyer Marty Honigberg.
"And when an employee questioned whether that was appropriate. He was apparently told to just do it directed to do it. The Attorney General needs to look into this. This is a very serious matter."

In a letter the Attorney General's office, Honigberg wrote that such conduct could run afoul of state laws against abuse of office, and coercion of state employees. For the Lynch camp this is further confirmation of their central theme -- that Craig Benson lacks the integrity to be governor…..The allegations also resonate with another group of Benson detractors -- the state employees association. They've had numerous run-ins with Benson. And in fact have filed grievances against DES alleging earlier mistreatment of agency employees. Union President Paul Stokes says the latest allegations make an already bad work environment worse..
"Obviously Governor Benson is getting cooperation from the commissioner and the management over there to be able to do this. Keith Herman obviously felt comfortable going over and doing this. But I just think it's outrageous to put public employees whose public jobs are funded by public money in this position -- it's just outrageous."

The Attorney General's office confirms it's received the request for investigation, but would not comment on whether it would move forward. As a practical matter, the office would have little time to determine if the governor or his staff abused their positions. The election is less than two weeks away.

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