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Political notes from Free Press staff writers Terri Hallenbeck, Sam Hemingway and Nancy Remsen


2.27.2007

 

A conflict that's of interest

Last Thursday, I was working on a story about the proposed Wal-Mart in St. Albans, and the Vermont Natural Resources Council, and I went to the contacts page to look up some phone numbers. VNRC represents a citizens group opposed to the Wal-Mart location, and had shared with us a copy of a recent letter it sent to the St. Albans Development Review Board questioning the board's alleged conflict of interest.

I noticed on the contacts page, there at the bottom of the page, John Odum’s name. He’s listed as a membership coordinator. Odum, as some of you know, is one of the most prolific bloggers in the state, writing at the left-of-center blog, Green Mountain Daily and a frequent commenter on other blogs.

It got me thinking, isn’t VNRC a non-profit? I did some research and found that they are a 501(c)(3) organization, the type of organization that can enjoy some tax exemptions, and has some restrictions on certain types of political engagement.

I’m no tax lawyer, but a quick search on the Internet (where everything is true of course) showed me this site, explaining some myths about what 501(c)(3)s can and can't do. See #10 on that list -- "employees of 501(c)(3)s are prohibited from endorsing, contributing to, working for, or otherwise supporting (or opposing) a candidate for public office. However, this does not prohibit ... employees ... from participating in a political campaign, provided that they say or do everything as private citizens and not as spokespersons for or agents of the organization, and not while using the organization's resources or assets in any manner."

I looked back at pre-election postings on GMD, and there certainly are pro- and anti-candidate statements by Odum on GMD. Some of them look like they were posted during regular business hours. I sent Odum an e-mail Thursday to make sure I had his correct e-mail address, and was going to ask him about this, but the Wal-Mart story took every last minute I had in the office that day and then some. I was going to follow up, but then my attention got directed to this post, where Odum says an ongoing dispute with the folks over at Second Vermont Republic has turned personal, and therefore, he's not going to be blogging anymore.

I'm not going to get into the details of the debate between SVR and GMD, but in short, there's a debate over one of SVR's connections to a person who may or may not have racist viewpoints. Anyway, SVR on Monday sent out a release questioning VNRC's ties to GMD, and other issues about Odum's employment there.

This afternoon, I called VNRC Executive Director Elizabeth Courtney. I broached the GMD subject and Courtney said, "I really couldn’t say anything about it – it’s something John does on his own time."

I said it looks like a lot of the posts are during typical work hours, but maybe he works part time, and that's the explanation? Her response: "We have flexible hours, and I’m confident that if he has posted on his blog during what appears to be work time, it hasn’t been work time for him. And he doesn’t use any of the machinery in the office for his work."

Next I called Odum -- and he just got back to me. He said he couldn't say much.

"I have not blogged from work," he said. "I use lunch hours, I use late mornings, I have flex time, I take days off." Odum said he goes to Langdon Street Cafe to blog, and he called SVR's claims "demonstrably outrageous." He added that he can set posts up to post at certain times, when he knows it's going to be slow -- so there's fresh content, I assume.

I asked him then, if all of this is on the up-and-up, why did he stop blogging?

"I can't talk about that," he said.

I asked him if VNRC asked him to stop, and he said he couldn't talk about that either. He asked me not to do a "hit job" on him.

Hmm.

A blogging addict, I'll miss the Odum-Snarkyboy back-and-forth for sure. And it's interesting to think about the issue between the freedom of speech and the 501(c)(3) restrictions.

More importantly however, what do you think?

--Sky Barsch

Comments:
What do I think? For as long as I can remember the VNRC represents the pond scum of Vermont and of course, Massachusetts. What would anyone expect from lowlifes like the VNRC and their sleezy members?
 
This is news? If a blogger falls in the blogosphere, does it make a noise? Let's face it, most blogs - particularly VT political blogs - have a very short lifespan, seems to me that most of them last only a year or so and then fade away. And I have to say that based on facts presented it sure looks like VNRC asked their employee to chill out . . . will the blogosphere now take on VNRC for freedom of speech issues? Yeah, I agree, probably not . . .
 
Sounds to me like SVR was fighting a losing battle and therefore decided to pull hair, poke eyes, and bite.

I see no conflict of interest and the law clearly does not either.
 
The issue of “company time” is a red herring. The issue under 26 U.S.C. §501(c)(3) is whether an employee is using company “assets or resources.” Unless one is an hourly employee still on-the-clock, one can participate in political activity at any point during any day of the week. Recall that elections occur on Tuesdays when most of us work.

Salaried employees will often have employer obligations (especially advocacy groups in Montpelier during the legislative session) at 7:00 a.m. or 9:45 p.m. and frequently on weekends. It is illegal, for instance, during a specially scheduled company activity occurring on a Sunday afternoon to as much as wear a “Jones for Congress” lapel pin.

On the other hand, a person can take a ten minute - or two hour - break in the middle of a Wednesday afternoon (just as someone can take a 15 minute cigarette break) and engage in political activity.

Time of day does not matter. The issue is whether one is ultimately doing the work for which one is paid. In John Odum’s case, there is no legitimate question and no evidence that he ever did work for GMD for which VNRC paid him. In fact Elizabeth Courtney and Mr. Odum expressly deny it. Enough said.

The only issue is whether an employee uses “company assets.” Once again, we know that Mr. Odum does not even use the light coming through a VNRC window to look at his own personal computer. (Now I’m assuming VNRC “owns” the sunlight once it passes through the window panes of its own building. Admittedly, I’ve not researched that point, but for the sake of argument . . ). He has said and his employer appropriately demands, that he only use his personal “assets” and that he use those resources off-site. As long as he is giving VNRC their 40 hours (or whatever his job description requires), it is irrelevant the time of day at which his posts appear.
 
What do I think, Sky?

I think you're still a welp, and are going to need a few more years in the news business to pull off arriving at the party and pretending somebody else didn't drive you.

By the way, I notice a reference to conflict of interest is still in the title. Makes me wonder if the whole excercise wasn't, after all, a "hit job," and not just your burning intellectual curiosity to delve into the intricacies of federal tax law.

I just question what "It got me thinking..." actually means in freshman news-speak.

You have a long career ahead of you. Credibility makes or breaks people. I'm just saying...
 
Dairymaid, that is ridiculous . . . if anything I think Sky has cut thru the BS and gotten to the heart (or close to it) of why VNRC (allegedly) asked this blogger to chill out.

Interestingly, apparently the blogger in question couldn't help himself and he is back blogging today. Makes me wonder if this wasn't a silly attention-getting scheme. Or perhaps (more likely) VNRC got freaked out by pissing off the blogosphere, feared backlash, and relented (with conditions attached, of course).

I suspect Sky is much closer to the truth than the other blogs, all of whom seem to be sipping the same kool-aid!
 
The real irony here is why would anybody take SVR seriously?
 
Anonymous at 9:03

He is not blogging, you are mistaken.

The post on GMD is dated from last Saturday (Sat Feb 17, 2007 at 23:04:02 PM EST). The State House related story was, due to editorial reasons I suspect, promoted by one of the FrontPagers at GMD who have now taken over the site.

RE: "VNRC got freaked out by pissing off the blogosphere, feared backlash, and relented (with conditions attached, of course)."

Aside from the fact 1. He is not blogging and 2. nothing remotely similiar to what you just speculated has come to pass, where the heck did that bit of conjecture come from anyway?

Why did you say "of course?" What "conditions," that obviously don't exist, are you so sure of that you say "of course?"

cl
 
Everyone knows that VNRC is just a tax-exempt front for the Vermont Democratic party. And we're not just talking about Odum.

John Odum's colleage Jake Brown has gotten into the act as well: http://www.vtscrapwood.blogspot.com
 
Hey Sky,
I think you touched a nerve....and a ridiculously sensitive one at that. Me thinks they protest just a little too much....Keep up the good work. And we miss you down here in Berlin!
 
Speaking of conflict of interest at VNRC they have an intern named Adrian who just also happens to intern for the House Majority Leader...hmmm 501 (c) 3 down the drain? What gives Ms Courtney and Ms Partridge? Yes, VNRC is just no more than a front operation for the Democratic Party in Vermont. Too bad the press doesn't know about this ditty, of course they're nothing more than a wholely owned subsidiary of the the Dems as well. Come on Sky why don't you dig to the bottom of this?
 
What is it with republicans and interns?
 
GiveTexasBack said...
"Why, in light of even a hint of a conflict of interest, would there be any question about Odum ceasing and desisting? He has a choice: keep his job or keep his blog. Can't have both given his career choice."


So where is the list of professions that can or can't blog? Is it all non-profits, or just liberal non-profits? How about policemen or women? How about teachers? How about journalists, should they reveal their biased opinions? Can a doctor criticize the US health care system in a blog? Can a soldier express his or her opinion about the war? Can a citizen express his or her opinion about the president?

Where is the list, and where is the line?
 
Hey - if VNRC wants to have a bunch of political hacks on the payroll, that's fine by me. But they need to trade in their 501(c)3 status and file as a PAC like every other political machine.
 
Perhaps Dairymaid should learn how to spell "whelp" before he leaves beef-brained comments like that! You want to talk about freshman tactics, how about name-calling?
 
There are lots of reasons to attack VNRC but the folks obsessed with the U.S. tax code either don't know what they are or are just out-to-lunch.

Does anyone who is complaining about VNRC have anything to say other than name-calling ("they're "Democrats, buggah buggah boo!" pretty scary bad stuff). It seems the VNRC bitching is mostly regurgitating Sky's off-target and misinformed 26 U.S.C. 501(c)(3) complaint.

It does not matter whether an intern works at the State House. Last I heard, it is still 2007 - not an election year - and Carolyn Partridge is not running for anything. And so what if she does announce a primary campaign against Peter Welch, or presidential campaign or whatever, tomorrow. As long as this intern is not using VNRC assets while working another job, so what! 501(c)(3) has nothing to do with this. In fact, I don't even know whether VNRC is paying her. She's an intern after all that's generally short-hand for resume builder & no $$. BTW, most of what all advocacy groups do is sit around the State House writing legislation, so if she is paid by VNRC to do legislative work, so what? That's not campaigning for/against any candidate. Tell me again who is running for what office.

Any 501(c)(3) employee can engage in politics on their own time and there has never been any indication that John Odum has done anything but that - engage in civic activity on his own time.

VNRC is screwing an employee. That is the story here. If Sky wants to look into the real story, she should ask the person(s)/entities spoon-feeding her disinformation about John and VNRC why they prefer dissembling distractions about non-germane tax laws rather than engaging in a policy debate with VNRC.

The first policy question I'd put to VNRC is why they are so frightened to have their employees engage in civic activities by exercising political speech rights on their own time. Last I heard, those are rather wholesome things to do in a democracy. Why is VNRC so afraid of that? Why are VNRC's critics so afraid of engaging VNRC on issues - any issues? Why can't people at the Free Press city desk come up with more original names than "anonymous?"

Personally, any employer that discourages employees from engaging in the small "d" democratic process, is an affront to the American way of life and our history as a free democratic republic. VNRC's behavoir is plain embarrassing to all of us.

slainte,
cl
 
Too much talk, not enough action.
 
What some of you are missing is the fact that, if anything, the reason VNRC put the muzzle on Odum is because of the fact that his blogging sometimes pisses people off in the government and private sector that they need to have dealings with. That should be obvious. I can't find any instance of his blogging where he's shilling for VNRC. Nice hit job, Sky.
 
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