March 5, 2013
I guess it must be a slow news day/week in Pinole.
Today’s breaking news per Tom Lochner:
“PINOLE — A candidate who fell short in a run for City Council in November says she never received contributions totaling a little more than $2,000 that a prominent backer reported to have made to her campaign.”
Say What? So for those of you who may be interested in my responses without BANG editing, keep reading.
Upon my return to my home after weeks of travelling, I had a message from Pinole City Attorney Ben Reyes to call him.
Which I did. Mr. Reyes informed me that a complaint had been filed regarding discrepancies on Phil Green’s Form 460 listing a contribution to my committee, but no corresponding contribution was on my 460.
Simple answer, I never received it and knew nothing about it, therefore I had no record of any such contribution.
Ben informed me that I would be receiving a letter from the City asking for an explanation. Perfect, not a problem.
I appreciated Ben’s call and the fact that he contacted me directly.
As expected, I received a letter from the Pinole City Clerk which we replied to on February 27, 2013 (response below). One would think that would be the end of that. Silly me.
On Sunday I received an email from Tom Lochner:
“Good afternoon Ivette,
Phil Green’s most recent California Form 460, page 5 of 6 (Schedule D Summary of Expenditures), reports spending $1,194.08 on 10/30/12, on a “post card” for Ivette Ricco. On the following page, Schedule E (Payments Made), Green reports the same $1,194.08 (as campaign literature) plus $900.69 for postage, for a total of $2,094.77 spent on your campaign.”
“However, I don’t see any reference to these contributions on your campaign’s Form 460.”
“Could you explain the apparent discrepancy?”
“Thanks in advance”
He followed that email up with this one:
Good morning Ivette,
“Further to my most recent email: There is another issue in play here besides the aforementioned reporting issue under FPPC rules, and that is a 2008 Pinole ordinance that bars campaign contributions totaling more than $500 in cash from an individual, or more than $1,000 in cash from a committee, or more than $2,000 in combined cash and services from a committee.”
“Please comment on this situation. Also, regarding the aforementioned ordinance, which amends Chapter 1.16 of the Pinole Municipal Code, did you receive from the City Clerk, sometime prior to the election, a copy of the chapter, which is supposed to inform qualified candidates of its provisions?”
Thanks in advance.
Here is my full reponse:
My committee has no record of any such contribution from Phil Green. Furthermore, any cost for materials listed on his report must have been an independent expenditure and as such are not a direct contribution to my campaign committee and would not be listed on my report.
In so far as the Pinole ordinance is concerned, relative to the limits on campaign contribution; it is my understanding that every candidate receives this information from the City Clerk when preparing and filing their papers at City Hall.
Attached is our response to the City regarding form 460.
Here is the text of the letter sent to the City.
Pinole Municipal Code Section 1.16.060(B) Notice Letter dated 02/22/2013
Dear Ms. Athenour;
I am in receipt of your letter referenced above. Please note for your records the Form 460 for the period 10/21/2012 through 12/31/2012 was originally filed correctly.
Your letter states Form 460 does not record any contributions from Phil Green or the Friends of Phil green Committee. Our banking records do not have any record of this contribution you are describing. Please check with this payee directly for further information regarding this claim. If you need further copies of documentation or information, please feel free to contact me directly and I will get it to you right away.