Mass. Attorney General Continues Elections Inquiry

As six pro-divestment candidates for Harvard's Board of Overseers formally petition to be placed on the ballot today, the Massachusetts Attorney General's Office is continuing its investigation into the University's handling of last year's overseers election, officials said yesterday.

No decision has been reached on whether to take legal action against the University for its role in the election last April, said Chris Villa, a spokesman for the Attorney General. Villa said the Public Charities Division--which handles complaints against nonprofit institutions such as Harvard--is continuing to collect information in the case.

No timetable has been set for a decision, Villa said.

A source close to the investigation said the case had been delayed by a transition of staff in the office, and would pick up speed in coming weeks. "There is a strong interest in the case among high-ranking people in the Attorney General's office," said the source, who spoke on condition of anonymity.

The investigation came in response to a written complaint filed last May by four alumni who charged that the University acted improperly in last April's annual overseers election. The complaint alleges that Harvard unfairly biased the contest in favor of its official state of ten candidates over three unofficial candidates who were running on a pro-divestment slate.

Last year's election generated controversy when then President of the Board Joan T. Bok '51 sent a letter to Harvard's 200,000 alumni warning them that the nature of the Board would be changed if "specific issue" candidates were elected. One of the pro-divestment candidates, Gay W. Seidman '78, won and was seated on the Board this fall.

The complaint accused President Bok of "constructive fraud" for his actions concerning the election. It was revealed more than a month into the election that Bok, no relation to Joan Bok, had asked the Board's president to write the controversial letter, which was included in the overseer election packets.

Harvard officials have denied wrongdoing but said they are taking the case seriously. "We're responsive to any inquiry from the Attorney General's Office," said Deputy General Counsel Martin Michaelson.

"The Attorney General knows how to dispense with frivolous complaints," said Adam S. Cohen '84, former president of the Harvard Law Review and one of the complainants. "The fact that the Attorney General's Office has been investigating the complaint as long as it has" indicates theyconsider it serious, he said.

The investigation could have a major impact onthis year's election if it is completed before theApril vote.

"By virtue of the fact that the AttorneyGeneral is still investigating the complaint,Harvard will have to be careful this year" in itshandling of the overseers election, said Cohen.There is a full slate of pro-divestment activistsand 12 University-nominated candidates runningthis spring for the six overseer sports openingnext fall.

Marten Liander, an assistant in the Office ofthe Governing Boards who works closely withoverseers election procedures, declined comment onpossible ramifications of the investigation.

A week ago, members of the activist groupsonsoring the prodivestment slate, Alumni AgainstApartheid, leveled charges similar to those theymade last year, saying that election procedurescontinue to be weighted unfairly against them.Harvard has ignored requests by the group thatthere be no campaign by Harvard for the officialslate before the upcoming vote, said Chester W.Hartman '57, a member of the organization'sexecutive committee.

Responding to concerns about campaigning,Overseer President Samuel C. Butler '51 said thisweek that he did not expect to write a lettersimilar to the one written by Joan Bok last year.

However, Butler said he would not rule out thepossibility that a high-ranking official or anoverseer would in a private capacity write aletter regarding this year's election.

"I can't tell what Mr. Hartman is going toregard as electioneering. I don't know whetherPresident Bok or acting President Rosovsky mightdo it. There are a lot of people who might putsomething in," Butler said