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Gardner denies misuse of office

Apology covers perceived conflict

- Staff Writer

Published: Tue, Sep. 16, 2008 12:30AM

Modified Tue, Sep. 16, 2008 04:54AM

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RALEIGH -- Wake Commissioner Kenn Gardner broke his silence Monday on questions arising from his advocacy for a Cary pool project, but he offered no explanation for inconsistencies between his public statements and claims made in a lawsuit he filed.

During a meeting of the county board Monday, Gardner asked for time to address recent articles and opinion pieces in The News & Observer. Those articles raised questions about his actions as an elected official on behalf of the Triangle Aquatic Center, a nonprofit corporation for which he served both as a volunteer board member and paid project architect.

When questions of conflict of interest arose in 2005, Gardner repeatedly said he was donating his design services. In a lawsuit filed against Triangle Aquatic last year, however, the commissioner sought nearly $400,000 in compensation beyond the $244,355 he had already been paid.

In the statement Monday, Gardner said he had not misused his office. But he also did not challenge the accuracy of the newspaper's reporting detailing how he took money from a group whose agenda he had championed as an elected official.

"Never did I misuse my office as a public official -- nor would I," Gardner said. "For those who have the mistaken perception I did, I offer an apology. I love Wake County too much to even think about doing something like that."

He took issue with questions asked about his involvement with the pool group.

"These attacks are personal as well as political," said Gardner, a Republican who is seeking re-election in November. "I do not understand nor can I comprehend why this was done to me and my family."

The commissioner said he needed someone to define for him the difference between his duty as an elected official and his "personal passion."

"I know we all do our best to identify conflicts, but maybe a refresher course would help keep us aware of these issues," Gardner said.

Later in the meeting Monday, when an item on $10 million in funding for a pool project in Cary that would compete with Triangle Aquatic came up on the agenda, Gardner recused himself from the discussion and abstained from the vote.

michael.biesecker@newsobserver.com or (919) 829-4698

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