FRANKFORT — Sen. Jack Westwood, R-Erlanger, was cleared Thursday by the Kentucky Legislative Ethics Commission on charges he used taxpayer money to produce and mail a campaign flier during his re-election campaign last year.

        Executive Director Anthony Wilhoit said the nine-member commission voted unanimously to dismiss the complaint because Mr. Westwood did not intentionally break any campaign rules or laws.

Westwood

        “While the mailing was questionable, it was clear (Mr. Westwood) did not have any intention of violating the statute,” Mr. Wilhoit said after the commission voted in a closed-door session. “He relied on legal advice he was given.”

        That advice came from a lawyer working with the Republican Party, said Fort Mitchell lawyer Rick Robinson, who represented Mr. Westwood in the ethics case.

        “Senator Westwood relied on staff counsel that this was proper,” Mr. Robinson said Thursday. “Based on that, the commission found that the requisite intent was not there.”

        Mr. Westwood, who maintained all along he had done nothing wrong, was elated with the ruling.

        “I'm very happy about the outcome and felt like it was the right decision,” he said Thursday.

        The complaint was filed Sept. 20 during Mr. Westwood's re-election campaign against Independence Democrat Jaimie Henson, who lost the race.

        In the complaint, Fort Mitchell Democrat Nathan Smith, a party strategist who briefly worked for Mrs. Henson's election and contributed money to her campaign, alleged Mr. Westwood used taxpayer money to send voters a campaign piece.

        It was drafted and mailed by the Senate Republican office in Frankfort and listed accomplishments of Mr. Westwood and the Republicans in Frankfort.

        It was sent to 1,331 people in Kenton County and cost $429.

        “That piece was blatantly political then and it's blatantly political today,” Mr. Smith said Thursday. “It's obvious to me that Senator Westwood did spend state money to campaign, and I don't know why or how the commission came to its conclusion.

        “How could they even make a decision without talking to me,” said Mr. Smith, who claims he was not contacted by the commission's investigators.

        Mr. Robinson said Mr. Westwood cooperated fully with the investigation, giving the commission and its staff complete access to his files and records.

        “It's a common practice in the state legislature for lawmakers to send out newsletters,” Mr. Robinson said. “Senator Westwood was unfairly singled out for purely political reasons.”

        Mr. Wilhoit said part of the problem in looking at the case is that no clear guidelines over this type of activity exist.

        “The commission voted to adopt guidelines for legislators on mailings,” he said.

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