A fire truck displaying "Moorhead Fire Dept." decals and banners endorsing Moorhead City Council candidate Sarah Opitz appears during Moorhead High School's Homecoming Parade. (Minnesota Court of Administrative Hearings)
MOORHEAD (KFGO-KVRR) – Two members of the Moorhead City Council have filed formal complaints alleging state campaign laws were violated when a retired Moorhead fire truck was used in public parades to promote city council candidate Sarah Opitz.
According to documents obtained through an open records request, city council members Chuck Hendrickson and Ryan Nelson filed complaints against Opitz, Moorhead Firefighters Union Local 1323 and union president Eric Welk.
Opitz is challenging Nelson in the race to represent Ward 1.
The 39-page report from the Minnesota Court of Administrative Hearings alleges Opitz, Welk and the union violated state law by giving the false impression that Opitz is endorsed by the Moorhead Fire Department.
The truck displaying “Moorhead Fire Dept.” decals and Opitz campaign signs was used in the Moorhead High School Homecoming Parade on Oct. 9.
The fire truck is owned by the union. The complaint says the union was required to remove the decals when the truck was purchased.
“Any reasonable person in Moorhead seeing this fire truck in a Moorhead parade would believe the truck represents the Moorhead Fire Department,” the complaint states.
Opitz “did not merely happen to appear near the vehicle. She participated in campaign activity involving the fire truck and subsequently deliberately used photographs of that same marked fire truck in campaign material.”
State law prohibits candidates from knowingly making false claims that the candidate has the support or endorsement of an organization.
Opitz tells says she takes “full responsibility” and contacted state officials in regards to the complaint. Opitz says she never intentionally violated the law.
The complaint says the fire truck was also used by Opitz on the following day, during the Concordia College Homecoming Parade.
“All respondents were put on notice of the blatant violation of MN Fair Campaign Practices Act on Oct. 9 and strikingly chose to disregard the request of the Fire Chief to remove the logos before using the fire apparatus again for such political purposes.”
In an email to staff, Moorhead Fire Chief Jeff Wallin expressed concerns that the use of the retired fire truck by political candidates gives the appearance that the city is engaging in political activities and supporting candidates.
Wallin was also concerned that allowing adults and children to ride on top of or hang from the moving vehicle could give observers the impression that the fire department doesn’t care about safety.
An administrative law judge will hold a probable cause hearing and determine whether a violation actually occurred.
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