Salt Lake City Mayor Rocky Anderson won't be charged criminally for using his city e-mail in his 2003 re-election campaign, Salt Lake County District Attorney David Yocom decided Monday.

Anderson had asked Yocom to review his campaign e-mails, some of which were distributed during a City Council meeting in August. Later, a Government Records Access and Management Act request filed by the Deseret Morning News showed Anderson discussed campaign business with advisers, accountants and campaign staffers in at least 142 e-mails. Other e-mails were deleted before the newspaper's request. Their number and exact content is unknown.

After the GRAMA request was filed, Anderson conceded he probably hadn't followed a state statute forbidding city employees from using city equipment for political purposes.

"A municipal officer or employee may not use municipal equipment while engaged in political activity," the statute reads.

Anderson requested Yocom investigate. Yocom's office found no penalty listed for breaking the statute. It is therefore not a criminal but a personnel matter settled between employer and employee, said Kent Morgan, an investigator in Yocom's office.

Anderson, who is vacationing in Germany, was not available for comment Monday. Spokeswoman Deeda Seed said the mayor's office would like the Legislature to further clarify the law and might suggest how it might be changed.

"I'm assuming their intent is to prevent elected officials from running their campaigns out of their municipal offices, which is a very good goal," she said, noting the time might be right to consider allowing incumbents to have minimal and specified use of city telephones and e-mail service for campaign business.

City rules allow employees to use telephones and e-mail for personal or political purposes during their lunch breaks.

This is the second time that Yocom's office has investigated Anderson and decided not to bring charges. Earlier this year, the district attorney's office found no violations of city rules after looking into a complaint that Anderson was not claiming as a campaign contribution endorsement ads Yellow Cab taxis had installed in their cars.

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