A former Valley City, N.D., city administrator is facing a criminal charge in connection with his creation of a fake Web site that depicted three failed municipal candidates in a negative light.
David Johnson was suspended for 10 days without pay last year for his role in the site, which linked one candidate to the Ku Klux Klan, called another a slum lord and simulated another to appear like Adolf Hitler.
Johnson now faces a Class A misdemeanor charge of failing to disclose the name of a sponsor in a political advertisement for not disclosing that he was the creator and promoter of the site, according to Barnes County District Court documents.
Under North Dakota law, political ads must include a statement saying who paid for the ad.
Johnson has defended his creation of the site, which appeared in the months before city elections in Valley City last summer, saying the three former candidates “are blowing this matter substantially out of proportion,” according to a March 2007 news release.
Johnson said in the release that the site was intended as nothing more than a parody and satire, saying “I did not intend for the Web site to be offensive.”
A judge denied a disorderly conduct restraining-order request against Johnson in January 2007 and said the fake Web site was protected by free speech.
But the three candidates argue the site was a smear campaign and say that Johnson’s 10-day suspension from city employment was not enough.
Robert Drake, who unsuccessfully ran for city commissioner, said Tuesday he is happy Johnson is facing criminal charges, but said he still plans to pursue a civil suit against Johnson and possibly others.
“That’s next on the agenda,” he said. “It’s not going to be over until everyone that was involved in that Web site is exposed and punished.”
The Valley City Commission decided to punish Johnson during a closed session in January 2007, a meeting that North Dakota Attorney General Wayne Stenehjem ruled violated the state’s open meeting laws.
Johnson, who is now the county administrator in Wabasha County, Minn., has been summoned to appear in Barnes County District Court on March 4.
If convicted, Johnson faces up to a year in jail and/or a $2,000 fine.
Johnson did not return a message seeking comment Tuesday.
Readers can reach Forum reporter Brittany Lawonn at (701) 241-5541
