Fair Campaign Practices of the Capital Region, Inc

For Immediate Release Contact: Rev. Mick Drown
October 26, 2012 FCP President 424-8787

Findings in the Complaints of
Jennifer Whalen vs. Phil Steck
COMPLAINT 2012-3
and
Phil Steck vs. Jennifer Whelan
COMPLAINT 2012-4

Fair Campaign Practices for the Capital Region, Inc. (FCP) held a hearing on October 24, 2012, to consider complaints made by Jennifer Whelan against Phil Steck and by Phil Steck against Jennifer Whelan. Both are candidates for the 110th New York State Assembly District which covers portions of Albany and Schenectady Counties. Present were hearing panel members Judi Campbell, Jeannine Laverty, Stevi Swire, Faith Weldon, and Chairperson Jill Nagy and Coordinator Barbara Thomas. Bryon McKim represented Ms. Whelan and Marisa Franchini represented Mr. Steck. Neither candidate was present. Also attending were Brian Quail, chair of the Schenectady County Democratic Committee, and Rachel Bledi, chair of the Albany County Republican Committee.

Complaint of Jennifer Whelan

Ms. Whelan’s complaint made two allegations.

First, she charged that Mr. Steck sent out a mailing that falsely alleged that Jennifer Whelan supports “fewer teachers, overcrowded classrooms, [and] cuts to sports, music, arts and after-school activities.

Secondly, she charged that Mr. Steck sent out a mailing stating falsely that “Jennifer Whelan sent you mail that lies.”

Discussion of First Allegation: It appears that Mr. Steck’s statement was based upon information that Ms. Whelan posted in 2010 on the VoteSmart webpage to the effect that she “believes our schools are adequately funded at their current level.” She did not submit information for the 2012 VoteSmart webpage. Ms. Whelan argued that she posted that opinion before introduction of a New York State budget that included deep cuts in funding for local school districts. Her intent was to say that she favored continued funding at a level that included the 2009-10 increases and not at the level to which it fell after the 2010 reductions in state assistance.

She also noted that the Project VoteSmart website clearly states that “Project Vote Smart does not permit the use of its name or program in any campaign activity, including advertising, debates, and speeches.”

Finding: Because it was clear that Ms. Whelan’s statement was made in 2010 and referred to the level of funding for education at that time, Mr. Steck’s mailing was unfair and misleading in violation of Fair Campaign Principal No. 2 and misrepresented and distorted facts in violation of Fair Campaign Principle No. 4.

Discussion of Second Allegation: The second allegation pertained to Mr. Steck’s allegation that Ms. Whelan lied when she stated in her campaign literature that “Steck refused to call for the return of taxpayer dollars,” “Steck refused to call for Mr. Silver’s resignation,” and “Steck refused to say if he’d support Silver for Speaker again.” All of those statements referred to the payments made to Assembly employees who alleged sexual harassment by a member of the Assembly.

Finding: Ms. Whalen did, in fact, make those statements, repeatedly, in her campaign literature. They are, literally, true. Therefore, Mr. Steck’s allegation that she lied is a misrepresentation in violation of Fair Campaign Principle No. 4.

Complaint of Phil Steck

Mr. Steck’s complaint is in three parts.

First, he alleges that Ms. Whalen drew unfair and misleading inferences from Mr. Steck’s refusal to call for Speaker Silver’s resignation, demand return of the money paid to the women who alleged they were sexually harassed by an Assembly member, and also refused to say whether he would support Mr. Silver’s continuing to serve as Speaker of the Assembly. (These are the same statements involved in the second portion of Ms. Whelan’s complaint.)

Secondly, he charged that Ms. Whelan engaged in misleading attacks on Mr. Steck’s character when she stated, “It’s too easy for politicians, like Phil Steck — to spend like drunken sailors.”

Thirdly, he alleged that Ms. Whelan “fabricated and distorted” information about Albany County real property taxes in order to mislead voters. The crux of that portion of the complaint were allegations that, as a member of the Albany County Legislature, Mr. Steck raised taxes 113% and exceeded the current real property tax cap.

Discussion of First Allegation: As noted above, Mr. Steck did, indeed, refuse to call for Speaker Silver’s resignation, refuse to demand return of the money paid in damages, and refuse to say whether he would support Mr. Silver for another term as Speaker. He has, in the course of the campaign, provided reasons for those positions. When, however, Ms. Whelan proceeded to draw inferences from those statements that Mr. Steck was somehow involved in the Assembly sexual harassment scandal, linked him with Mr. Silver, and stated that he refused “to take a stand for women and taxpayers,” she engaged in unfair campaign practices.

Findings: The inferences Ms. Whelan drew from Mr. Steck’s failure to demand Speaker Silver’s resignation, to demand return of money paid in damages, and to state whether he would support Mr. Silver’s continued service as Speaker were false and misleading in violation of Fair Campaign Principle No. 2. They also misrepresented and distorted facts in violation of Fair Campaign Principle No. 4.
Discussion of Second Allegation: If, indeed, Ms. Whelan did make the alleged statement, it was harmless campaign rhetoric.

Finding: No violation.

Discussion of Third Allegation: The allegation that Mr. Steck, as a member of the Albany County Legislature, increased taxes by 113.3% appears to be based upon an increase in the total tax levy of Albany County from $36,720,000 in 2000 to $81,970,000 in 2012 and some sloppy arithmetic in calculating the percentage increase that represents. The panel felt that it was misleading to refer to that as a 113.3% tax increase without explaining that it referred to the total tax levy and not to individual tax rates or tax bills and that it pertained to a 12-year period.

The statement that he exceeded the real property tax cap is based upon passage by the Albany County Legislature of Local Law No. “L” for 2011 which does, in fact, override the tax levy limit for 2012, the first year for which the tax cap was in effect.

Finding: Because the statement about a “113.3% tax increase” did not specify that it referred to increases in the entire Albany County tax levy over a period of 12 years, it was misleading and distorted the facts in violation of Fair Campaign Principle No. 4. Similarly, because the allegation that he exceeded the tax cap does not take into account the fact that the cap has only been in effect since 2012, that statement was also misleading and distorted the facts in violation of Fair Campaign Principle No. 4.

Fair Campaign Principle No. 2 states:

“The candidate will not engage in, permit, or condone unfair or misleading attacks upon the character of an opponent, nor will the candidate engage in invasions of personal privacy unrelated to fitness for office.”

Fair Campaign Principle No. 4 states:

“The candidate will not use, permit the use of, or condone the use of any campaign material or advertisement that misrepresents, distorts, or otherwise falsifies a fact or the facts regarding either the candidate or an opponent.”

Fair Campaign Practices for the Capital Region Inc. was established to promote a climate of fair, open and honest campaigns; encourage candidates to discuss issues; encourage candidates to refrain from defamatory attacks on opponents; discourage use of campaign materials that distort facts; and expand the political debate by more fully informing the electorate about the use of unfair campaign practices. Information on FCP can be obtained at http://faircampaignpractices.word press.com.

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Note: If a candidate or campaign wishes to quote from this finding, it must do so accurately, particularly if it uses partial quotes. Otherwise that is an unfair campaign practice.

Findings in the Complaint of  Steve McLaughlin  V  Cheryl Roberts

              COMPLAINT 2012-2 

Fair Campaign Practices for the Capital Region, Inc. (FCP) held a hearing on October 17, 2012 to consider a complaint made by Steve McLaughlin against Cheryl Roberts.  Both are candidates for the 107^th New York State Assembly District which covers most of Rensselaer County and parts of Columbia and Washington Counties.  Present were hearing panel members Judy Coburn, Mary Jane Ellis, Michael Foster, Beverly LaBarge,  Barry Leibson,  and Chairperson Joan Elliott and Coordinator Barbara Thomas.   Bryon McKim  and Nick Wilock represented Mr. McLaughlin.  Ms. Roberts was invited but chose to be represented by a submitted statement.

1. Mr. Steve McLaughlin complained that  an Assembly Democratic Committee attributed campaign flyer for his opponent, Cheryl Roberts, falsely accused him of voting against a sales tax cut on clothing and footwear under $110 in Assembly bill A.9059.  That budget bill which Mr. McLaughlin voted against did not include a sales tax exemption on clothes and footwear.
2. As evidence, Mr. McLaughlin produced the relevant flyer and  budget  legislation (A.9059-D) with his voting record.
3. Ms. Roberts said Mr. McLaughlin lacked “involvement” in reinstating the tax exemption.
4. Both parties agreed that the sales tax exemption was voted on in 2010 when Mr. McLaughlin was not in office.

FINDING:  UNFAIR CAMPAIGN PRACTICE    

VIOLATION OF PRINCIPLE 1:  Ms. Roberts did not conduct her campaign  “truthfully” because the campaign flyer inaccurately stated that Mr. McLaughlin voted against the sales tax exemption on clothing in Assembly bill A.9059.

 VIOLATION OF PRINCIPLE 4:   Based on materials presented, Ms. Roberts permitted the use of campaign material that “misrepresents, distorts, or otherwise falsified a fact” regarding Mr. McLaughlin.  There was no documentation of Mr. McLaughlin voting against a sales tax exemption when he voted no on the legislation bill 9059-D   Mr. McLaughlin neither voted for or against a sales tax exemption for clothing and footwear under $110.   

Fair Campaign Practices for the Capital Region, Inc. noted that in Ms. Roberts’ response, she raised the issue of content of an official legislative mailer from Assemblyman McLaughlin which is not in the purview of FCP and therefore FCP cannot make a finding .   The mailer credited him with “reinstating the sales tax exemption” on items costing less than $110 (clothing and shoewear).

Fair Campaign Practices for the Capital Region Inc. was established to promote a climate of fair, open and honest campaigns; encourage candidates to discuss issues; encourage candidates to refrain from defamatory attacks on opponents; discourage use of campaign materials that distort facts; and expand the political debate by more fully informing the electorate about the use of unfair campaign practices.  Information on FCP can be obtained at  http://faircampaignpractices.word press.com.

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Note:  If a candidate or campaign wishes to quote from this finding, it must do so accurately, particularly if it uses partial quotes.  Otherwise that is an unfair campaign practice.