It was illegal for Barbara Johnson to spend campaign funds on her hair, dry cleaning and automobile club membership, but it was OK for her to spend campaign money to keep in touch with constituents.

That's the upshot of a split decision released Tuesday by three state administrative law judges on a complaint made in November against the Minneapolis City Council president.

They imposed a $200 civil penalty. They said they opted for a modest penalty because legal precedents are scanty regarding when campaign spending strays into personal purposes and because her violations had little impact on voters.

Hamline University law Prof. David Schultz, a specialist in election law, said the ruling means Johnson must either declare the improper amounts as taxable income or reimburse her campaign.

She wouldn't comment on that but did note in a statement that the judges ruled for her regarding the "vast majority" of spending items. She said that although she continues to consider all the spending proper, she got a fair hearing and will pay her penalty.

The judges specifically found Johnson's spending of $1,534 on hair care, dry cleaning and her American Automobile Association fee in 2008 and 2009 constituted a conversion of campaign funds to personal use, in violation of campaign spending law.

The panel rejected Johnson's bid to limit the complaint to only her 2009 campaign spending, noting her 2008 expenses weren't released until early 2009 and thus couldn't be challenged until then.

But the judges found Johnson and her attorney, Corey Ayling, made a reasonable showing that service for cell and land-line phones, Internet service to her home and cabin and cable television at home were reasonable for keeping in touch with constituents and campaign supporters or viewing public meetings.

The panel also excused spending for food and drink for campaign workers, for her membership in a civic club and for an arts catalog she distributed to convention delegates.

The ruling stemmed from a complaint brought by Warren Kaari, a retired high school teacher who is Johnson's constituent in the Fourth Ward of north Minneapolis. He complained after reading a City Pages article that raised questions about the spending. He said of the decision: "I was hoping for more, honestly, but maybe it will make others aware of their expenses."

Kaari presented his own arguments in a hearing in late January, but Schultz said Kaari didn't carry the burden of showing some expenses were primarily personal. "Some items were too close of a call, and the judges gave the doubt to Johnson, as they should," Schultz said. "It is debatable whether cell phones are for personal or official use, so the [judges] ruled for Johnson. She was not so much vindicated as the other side did not make its case."

Steve Brandt • 612-673-4438