top official in Governor Paul Cellucci's Cabinet has admitted violating state election laws by sending letters on official stationery urging support of the governor's tax cut referendum.
On the eve of Cellucci's debate with Senate President Thomas F. Birmingham on the tax cut issue, Administration and Finance Secretary Stephen Crosby admitted that he had mailed 450 letters last week in support of the plan to an assortment of business and municipal leaders.
Massachusetts law forbids state officials from using public funds to promote a position on ballot questions.
''It was a mistake. I shouldn't have done it,'' Crosby said yesterday.
The mailing contained a copy of a speech on Cellucci's economic plan that Crosby had delivered several times before, as well as a cover letter urging recipients to vote yes on Question 4.
Passage of Question 4 would cut the state income tax from its current 5.85 percent to 5 percent over three years.
''I just made the assumption that because I delivered the speech, I could also mail it out,'' Crosby said. ''That's where I was wrong.''
Crosby's actions drew sharp rebukes from opponents of the referendum and critics of the Cellucci administration.
''This is part of a disturbing pattern, where this administration is willing to ignore the rules in pursuit of a blatantly political agenda,'' said Jim St. George, coordinator of the No on 4 and 6 Campaign. ''I would certainly think this would remind people that this has more to do with Governor Cellucci's political future than it does with Massachusetts' well-being.''
Ken White, executive director of the watchdog group Common Cause of Massachusetts, said he was surprised that such a high-ranking official would make such an obvious error.
''What's interesting is that it's happening at this level of government,'' White said. ''You'd think that they'd have more experience than that.''
In his defense, Crosby, who was appointed in May, cited inexperience. ''I've only been doing this job for a few months. It was an utterly, utterly, utterly honest mistake,'' he said.
A spokesman for the Office of Campaign and Political Finance declined to comment on the details of Crosby's case, but said that in similar situations, the individual responsible has often reimbursed the state for any expenses. An investigation may then follow after the circumstances are resolved - when Question 4 is no longer what the spokesman, Denis Kennedy, called ''a political football.''
In such situations, Kennedy said, there is no way to reverse the effects the mailing might have had.
''What often happens is that somebody may make a restitution,'' Kennedy said. ''In the case of public resource use, oftentimes, the horse is already out of the barn.''
Crosby has vowed to write a check for $200 - the cost of the mailings - first thing this morning. With that, he said he considers the matter closed.
