Is dinner at the mansion unfair fare in politics?

Gov. Christine Gregoire finished her talk at a political fundraiser earlier this week with a surprise: an instant auction for a private dinner with her at the Governor's Mansion in Olympia.

The auction netted $4,000 for fellow Democrat Darcy Burner, who's running for Congress. But it also raised an uncomfortable question for Gregoire: Is she selling access to the publicly owned mansion?

A complaint filed Friday with the state Executive Ethics Board accuses Gregoire of doing just that.

The complaint, filed by a Bellevue attorney who lost two elections to Gregoire, accuses the governor of misusing the mansion in violation of state law that bars state employees from using state facilities "for the purpose of assisting a campaign for election."

The complaint, which will be investigated, could break new ethics ground in Washington. The Executive Ethics Board has never been asked to rule on use of the mansion for political fundraising, said Susan Harris, the board's executive director.

But Harris and Gregoire's staff say the mansion does not appear to fall under the law cited in the complaint because the building is also the governor's home.

"We'd look differently at it if she was not required to live there," Harris said.

Holly Armstrong, Gregoire's spokeswoman, said the governor has not held fundraisers at the mansion. When Gregoire holds private dinners, which is how she sees the auctioned-off dinner, she reimburses the state for food and her chef's time, Armstrong said.

"It's where she lives," Armstrong said. "She can invite anyone over for dinner she wants. She just can't use public funds."

But Diane Tebelius, chairwoman of the state Republican Party, called Gregoire's auction "questionable."

"Because it's questionable, the governor ought to look at it, and if it's anywhere close, she ought to give the money back to the donor," Tebelius said. "In the future, she ought to be careful how she sells access to the Governor's Mansion."

State ethics law generally bans state employees from using public property to aid political campaigns. In 1998, the ethics board, which the governor appoints, ruled that an elected official would not violate ethics laws if he or she was driven to a fundraiser by a security detail of state troopers.

The auction was an impromptu addition to a Redmond fundraiser for Burner headlined by Gregoire and U.S. Rep. Jay Inslee. Burner, a former Microsoft manager from Carnation, is challenging U.S. Rep. Dave Reichert of Auburn for the 8th District seat.

At the time, no one from Burner's campaign or from Gregoire's staff raised questions about the auction, said Jamie Smith, Burner's spokeswoman. But Burner will return the money to the unidentified winner if the ethics board upholds the complaint or if Gregoire asks her to, Smith said.

"We appreciate all the support the governor has given us up to this point, but we don't want to abuse or go around any regulations related to raising money," Smith said.

Richard Pope, the attorney who filed the complaint, said Gregoire's auction "looks to me to be illegal and unethical." Pope lost to Gregoire in 1996 and 2000 for attorney general. He is currently running for King County District Court.

The auction reminded Pope of another questionable use of an executive mansion — one involving former President Clinton: "I'd hate the Governor's Mansion to be like the Lincoln Bedroom."

Jonathan Martin: 206-464-2605 or jmartin@seattletimes.com