Military says senator did not knowingly engage in wrongdoing

JEFFERSON CITY, Mo. -- The Missouri senator who left his military assignment in Cuba to cast the critical vote on concealed guns legislation did not knowingly engage in wrongdoing, Army officials said Wednesday.

But state Sen. Jon Dolan's political activities did violate rules that bar National Guard members from carrying out functions of political office while on a tour of duty, the Army concluded after an internal investigation.

Dolan received a letter of admonition -- a relatively light punishment -- because the rules he violated were not clear or widely known.

"There was no deliberate wrongdoing on anybody's part in this situation," said Steve Lucas, a spokesman for the Southern Command, which oversees U.S. military operations in Latin America and the Caribbean.

After receiving a directive to either cease all senatorial duties or end his active military duties, Dolan requested to be released from active duty and left Guantanamo Bay, Cuba, on Dec. 23, Lucas said. Dolan said he officially remains on active duty -- although on leave -- until next Tuesday and will resume work as a senator Jan. 20.

Requested leave

Dolan, a Republican from Lake St. Louis, was assigned to Cuba as a public affairs major through the Missouri Army National Guard. He requested and was granted leave by his immediate supervisors to return to Missouri in September, when he cast a deciding vote to override Democratic Gov. Bob Holden's veto of a bill allowing most Missourians to carry concealed guns.

Lucas said Army officials should have made it clear to Dolan in September that regulations prohibited him from engaging in any political activities. Dolan should have been told then that the only way for him to return to the Senate was to request to be released from his active duty assignment.

But both Dolan and his supervisors misunderstood the regulation, Lucas said.

"It was a mistake, but it wasn't a critical mistake," Lucas said. "It was a violation of the rules, but it was not a deliberate violation of the rules."

Had the investigation found intentional wrongdoing, Dolan could have faced a reprimand, forfeiture of pay or court-martial.

"I'm pleased that a fair resolution was made in the matter, and that I can complete a tour of duty at Joint Task Force Guantanamo, as well as still serve the people of the Second District," Dolan told the St. Louis Post-Dispatch for its Wednesday editions.

A Defense Department regulation and federal law prohibit reservists from carrying out functions of political office when called up for a tour of duty longer than 270 days. Dolan, called up for a period not to exceed 365 days, had contended that the rule took effect only after someone had actually served 270 days -- but the investigators determined that it starts on the first day of deployment.

Questions about Dolan's actions were raised only after he returned to Missouri for the Sept. 11 vote.

Dolan said he was later given "a lawful order to obey the directive," which he said meant either leaving his tour of duty or ceasing all functions of his public post. He said he couldn't put aside his Senate tasks.

In the future, officeholders called for duty will be told they should "freeze" all functions of their public job the moment they are mobilized, Dolan said. As correctly interpreted, Army regulations prohibit elected officials in Dolan's situation on active duty from even maintaining an office and paying staff in their absence, Lucas said.