DECC executive director Dan Russell's decision last week to violate the city smoking ban to accommodate a dart tournament has drawn some harsh criticism from ban advocates.

Smoking ban author and former Duluth city councilor Gary Eckenberg has called for Russell's job in a letter to the News Tribune and Mayor Herb Bergson.

But based on interviews with several DECC board members contacted Monday, it doesn't appear Russell's job is in jeopardy. And Bergson, who had to bring the matter before a judge on Friday, said he would accept Russell's apology and just wanted to move on.

Russell argued he had little choice.

The convention contract -- for the Minnesota Operators of Music and Amusement state tournament -- was signed in 2000, a year before the ban took effect. To honor the contract and keep more than 1,000 players in town, Russell said he chose to pay city fines rather than ban smoking in South Pioneer Hall.

Bergson said in no way should Russell knowingly disregard Duluth law, especially as a quasi-city entity. After receiving two dozen complaints, Bergson got a court injunction to close the tourney if Russell and event organizers didn't comply. The two sides came to an agreement Friday night.

"Russell doesn't get it, and should be removed," Eckenberg wrote. "At a time when the city is enforcing thepublic health priority of its smoke-free law, he put himself above the law because he could lose money if the tournament was turned away."

Eckenberg, who has acted as spokesman for the Twin Ports Youth and Tobacco-Free Coalition, said he issued his complaint as a private citizen. He also called Russell's decision particularly arrogant, because it came at a time when city officials had begun a crackdown on other businesses operating in violation of the 2001 ordinance.

The DECC is an authority overseen by a 10-member board. Board members Marsha Signorelli, Bob Eaton and Marti Buscaglia, who is the News Tribune's publisher, said Russell handled a complex contractual situation as well as could be expected.

"The DECC was between a rock and a hard place and Dan did what was necessary to serve all interests," Signorelli said.

Eaton said he would be surprised if anything comes from Eckenberg's letter.

Buscaglia said she hasn't heard a complaint from any other board members and praised Russell's overall record.

Russell declined to comment Monday. He did offer copies of favorable recent performance reviews.

When Russell publicly apologized Friday, he said the tournament was the last carryover of its kind and promised not to let it happen again.

"I was a lot more angry about it at first," Bergson said Monday afternoon. "I take him at his word. He made a mistake and life goes on."

But Pat McKone, senior director for tobacco control programs at the American Lung Association of Minnesota, said she plans to write a letter to the DECC board conveying her deep disappointment in Russell.

McKone said his disregard of the ordinance is the same as if he had allowed underage college conventioneers to drink, then paid their fines to keep the business.

The organization won't call for Russell's job, she said. A nonprofit doesn't have the right to tell another board what personnel decisions to make, McKone said.

DECC board members Debra Messer and Heidi Dulebohn said they need more information to form an opinion. Remaining board members couldn't be reached for comment Monday. It will be something they will discuss at the next meeting on Jan. 25, Messer said.