PETRO WON'T AUDIT OFFICIALS OPPOSING DRUG-LAW INITIATIVE

COLUMBUS -- State Auditor Jim Petro declined a request to audit public
officials who have criticized a proposed ballot initiative that would offer
first- and second-time drug offenders treatment in lieu of jail.

Petro cited federal and state law and legal opinions in determining the
Ohio Campaign for New Drug Policies had no basis to allege that government
officials acted improperly and that public money was misspent.

The drug campaign group has accused Gov. Bob Taft, his wife, Hope, and
Luceille Fleming, director of the Department of Alcohol and Drug Addiction
Services, and Domingo Herraiz, director of the Office of Criminal Justice
Services, and their staffs of illegally campaigning against the proposed issue.

The law allows public officials to speak out and spend money on public
policy issues, as long as the public expenditures are not directed at
telling voters to vote one way or another. Ballot information can be
analyzed and disseminated to the public concerning the consequences of the
passage or defeat of an issue, Petro said.

"Admittedly, part of the [state's] strategy is explaining to the public why
your proposal [in their view] is not the better public policy," Petro told
the group in a letter. "But that is no different than the governor or
members of his administration evaluating a bill pending in the General
Assembly and then attempting to persuade legislators or the public that the
governor's policy . . . is preferable to that contained in the legislation."

While Petro has correctly cited applicable laws, he applied them to the
wrong set of circumstances, said Ed Orlett, the drug campaign's manager.

"Their activities are not attempts to educate themselves or the public,
which arguably might be permissible acts," Orlett said. "They are engaging
in a campaign to defeat the initiative. I don't know how to make it any
clearer to Jim Petro."

The campaign, which has also filed a complaint with Ohio Inspector General
Tom Charles, quickly drafted a letter to Charles, arguing against Petro's
analysis. Charles is expected to decide next week whether to investigate.

The campaign must gather 335,000 petition signatures to get the initiative
on the November ballot. -- Campaign for New Drug Policies 1250 Sixth St.,
#202 Santa Monica, CA 90401

ph: (310) 394-2952 fax: (310) 451-7494 cell: (310) 245-4520