East Lyme - The State Elections Enforcement Commission ruled on Nov. 16 that First Selectman Paul Formica violated election law in a post to the municipal website prior to the Sept. 23, 2010, referendum on the purchase the Mobil gas station at the intersection of Main Street and Pennsylvania Avenue.

The commission, however, said it will not seek civil penalties or restitution against Formica.

The commission investigated Formica, following a complaint lodged by town resident Mary V. Gadbois on Oct. 7.

The ruling said that Formica violated state law in using "public expenditure" - which includes websites and servers - to advocate for a position on the pending referendum in a letter posted to the site.

The post outlined reasons why the town wished to purchase the land.

The ruling states that the post included language that described the gas station as "a key piece of property," and a "significant parcel that the town should acquire."

Formica also wrote that the purchase is "an opportunity" and believed this investment to be "in our long-term best interest."

The commission also took into consideration the style, tenor and timing of the post. Formica, who did not contest the ruling, said that he erred in putting the letter up on the town website.

"I just didn't know," Formica said. "We won't be doing that again."

The ruling stated that there is no record of prior violations by Formica and that the first selectman, through an attorney, responded promptly to the commission.

Gadbois said Monday she was "fine" with commission's decision but that an experienced politician such as Formica "should have known better," and should have had the town attorney look at the post.

"At least this lets our elected officials know we're watching," Gadbois said.

s.chupaska@theday.com