By Patrick Tepoorten

Proceedings against former Harris candidate for mayor Marvin Stai, for allegedly accepting a bribe from supporters of the Larry Nelson campaign were dismissed by the state Office of Administrative Hearings (OAH).

The decision, handed down on Nov. 2 by presiding Administrative Law Judge (ALJ) Eric Lipman, and signed by two other ALJs, found that the complainant, Kurt Naumann, campaign chairman for the Rick Smisson for Mayor campaign, ìfailed to demonstrate that the Respondent (Stai) solicited or received a payment of promise of reward as an inducement to withdrawî from the Harris mayoral race.

DECISION DETAILS

In its findings of fact, the OAH determined that Stai had essentially decided to drop out of the mayorís race by the morning of Sept. 12. He was involved in conversation to that affect with his wife by that time.

Later that morning, Stai was visited by Marcus Shelander, Ken Kebanuk, and neighbor Paul Carlson. When asked if he intended to run for mayor, Stai responded immediately that he was, but was seriously considering dropping out of the race.

Shelander and Kebanuk encouraged him to do just that and indicated that a group of citizens opposing Rick Smissonís mayoral candidacy would have a better chance of victory if they were united behind a single candidate.

Stai responded to the suggestion by requesting some time to think it over. Kebanuk, Shelander, and Carlson departed the Stai residence. Upon returning a short time later, Stai announced that he had decided to withdraw.

It was following this announcement that Kebanuk stated to Stai that he ìfelt badî about the time and money Stai had already spent on his campaign and offered to donate money to the Stai campaign to defray those costs. He also indicated that he would request others do the same.

The timing of the offer of money from Kebanuk to Stai is important legally because if the offer was made before the decision to drop out it could be considered a bribe. Offering to help defray campaign costs after the fact is not a crime.

Naumann was unable to offer any evidence that Stai accepted an offer of money before deciding to drop out of the race, hence the OAHís decision to dismiss the case.

Stai did indeed receive $400, which his roommate picked up at Big Daddyís Bar and Grill later in the day on Sept. 12. He formally dropped out of the race on Sept. 14.

Stai responded to the decision Tuesday morning, saying, ìI feel great. The true thing came out. I didnít do what they said and have been saying that from the beginning.î