Fair Campaign Practices of the Capital Region, Inc

October 31, 2009

Contact:
Reverend Mick Drown
FCP President
424-8787

Findings in the Complaint of
Michael F. Coleman V. David Higgins
Emergency COMPLAINT 2009-6

Fair Campaign Practices for the Capital Region, Inc. (FCP) held an emergency hearing on October 31, 2009, to consider a complaint made by Michael F. Coleman against David
Higgins. Both are candidates for Commissioner of Public Works in the town of Mechanicville. Present were hearing panel members Jane Bouchard, Judy Coburn, Barry Leibson, and Helen MacDonald, panel Chair Katherine Henrikson, and Coordinator Aimee Allaud. Former FCP Board member Betsey Swan and current Board Chair Maurice Drown were also present for part of the discussion at the hearing. Mr. Coleman appeared. Mr. Higgins was invited, but could not appear.

Mr. Coleman presented two complaints: that campaign signs implied Mr. Higgins is the incumbent Public Works Commissioner, and that several ads in the weekly paper The Express presented false or misleading statements about Mr. Coleman, too close to the election for him to reply.

FINDING 1: NO UNFAIR CAMPAIGN PRACTICE

Mr. Coleman complained that signs stating “Keep Dave Higgins Public Works” were misleading because Mr. Higgins has not been elected to office. However, Mr. Higgins is the legally appointed Commissioner of Public Works. Since he is the incumbent, the signs are not misleading.

FINDING 2: NO FINDING

Mr. Coleman complained of an ad listing grants secured by the Town of Mechanicville in the last two years, which listed Dave Higgins as one of the responsible parties. Since Mr. Higgins was appointed as Commissioner in July 2009, he did not participate in developing the grant applications.

The Panel found that the ad’s listing of all the “Democratic team” was somewhat ambiguous regarding the participation of each candidate in the grant process. However, the complaints lodged so close to an election must rise to the level of an egregious violation of the Statement of Principles of the FCP to be considered in the Emergency process. This complaint does not rise to that level.

FINDING 3: UNFAIR CAMPAIGN PRACTICE

Mr. Coleman complained about an ad in the October 27, 2009 edition of The Express. The headline of the ad was “Vote for the Coleman Team “.

The panel found that the ad was so deliberately misleading, confusing, and vague that it would be impossible for voters to determine the truth or falsehood of the allegations. The
ad violates Principle 4: The candidate will not …permit or…condone the use of any… advertisement that misrepresents, distorts, or otherwise falsifies a fact …regarding…an
opponent.

FINDING 4: NO FINDING

Mr. Coleman complained about an ad in the October 27, 2009 edition of The Express. The headline of the ad was “Mechanicville Citizens”. The ad alleges that Mr. Coleman does not live in the City of Mechanicville.

The panel found that while Mr. Coleman’s legal address for voting purposes is in Mechanicville, the issue of whether he is a resident for purposes of the election is before a State review panel. Therefore this issue is beyond the competence of FCP. Fair Campaign Practices for the Capital Region, Inc. was established to promote a climate of fair, open, and honest campaigns; encourage candidates to discuss the 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.info

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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 the use is an unfair campaign practice

October 31, 2009

Contact:
Reverend Mick Drown
FCP President
424-8787

Findings in the Complaint of
Mark S. Jordan v. Fernando “Fred” DiMaggio
Emergency COMPLAINT 2009-5

Fair Campaign Practices for the Capital Region, Inc. (FCP) held an emergency hearing on October 30, 2009 to consider a complaint made by Mark S. Jordan against Fernando
“Fred” DiMaggio. Both are candidates for Bethlehem Town Board. Present were hearing panelists: Chairperson Harriet Warnock-Graham, Helen MacDonald, George O’Connor,
Gene Rowland, Barbara Thomas, and FCP coordinator, Aimee Allaud. Mark S. Jordan and Fernando “Fred” DiMaggio both appeared.

1. Mr. Mark Jordan complained that a flyer paid for by The Committee To Elect Fred DiMaggio was circulated in the Times Union in the Town of Bethlehem and contained misleading information that linked Mr. Jordan with an Albany City parking scandal that involved 116 “ghost parking tickets”.
2. This flyer further alleged that the value of parking tickets issued to Mr. Jordan amounted to $7,500 and Mr. Jordan “used his political connections to cheat the Albany treasury” although no fines were issued for these tickets.
3. The flyer said Mr. Jordan as an attorney for an assemblyman was “cashing in on the good old boy network” and should have known better.
4. The flyer lacked contact information.

The evidence included a copy of the flyer, a Times Union article, an excerpt from the Report of the Examination of No Fine Parking Tickets, and statement of Albany’s parking ticket costs, and a section of the Report pertaining to the context of the complaint.

Finding: Unfair Campaign Practice.

Violation of Principle 4: The flyer that charged that “Mark S. Jordan had 116 unpaid “ghost” tickets worth $7,500” is false and misleading because the Comptroller’s report did not state that the tickets were issued to Mr. Jordan. In fact, the report states that no-fine tickets were issued to a vehicle registered to Mark S. and Jeannette Jordan. Mrs. Jordan, a chief court officer for the 3rd Judicial District, was issued a parking placard by the Office of Court Administration, and it was her car that received the no fine tickets, according to Mr. Jordan. The Report of the Examination of No Fine Parking Tickets stated that these tickets were no fine tickets and consequently had no value. Consequently, the campaign flyer violated the principle that states “the candidate will not use, permit the use of or condone the use of any campaign material” that “misrepresents, distorts or otherwise falsifies a fact or the facts regarding his opponent.”

Finding: Unfair Campaign Practice.

Violation of Principle 2: The flyer’s charge that “Attorney Jordan used his political connection to cheat the Albany treasury of over $7,500” is a violation of Principle 2 that
states that the candidate “will not engage in, permit, or condone unfair or misleading attacks upon the character of an opponent”. The Comptroller’s Report did not assign a
value to the tickets nor did it attribute any wrong doing to the individuals cited since the report dealt with the City of Albany’s practices regarding parking tickets; it did not require collections to be made on the no fine tickets.

No Finding.

Violation of Principle 5: Although the flyer contained “no address or contact information of the sponsor” this did not rise to the standard required in an emergency complaint.
Fair Campaign Practices for the Capital Region, Inc. was established to promote a climate of fair, open, and honest campaigns; encourage candidates to discuss the
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.info.

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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 quotations or excerpts. Otherwise the use is an unfair campaign practice.

October 29, 2009

Contact:
Reverend Mick Drown
FCP President
424-8787

FINDINGS IN THE COMPLAINT OF
ROBERT GODLEWSKI AGAINST STEVEN A. TOMMASONE, JOSEPH SIGNORE, JOSEPH SUHRADA, AND STANLEY MARCHINKOWSKI
COMPLAINT 2009.4

Fair Campaign Practices for the Capital Region, Inc. (FCP) met on October 27, 2009, to consider the complaint of Robert Godlewski, Democratic candidate for Rotterdam Town Council, against Steven A. Tommasone, Republican candidate for Rotterdam Town Supervisor, and three Republican candidates for Rotterdam Town Council: Joseph Signore, Joseph Suhrada, and Stanley Marchinkowski.

Present were: Jill Nagy (Chair), Stevie Swire, Terry Lowenthal, Liz Cooke, Linda Ward, and Aimee Allaud (coordinator). Mr. Godlewski was not present but was represented by Mike Godlewski (no relation). None of the respondents attended. Mr. Tommasone submitted a written response on behalf of all of them. He also indicated, on the day of the hearing, that he could attend if the hearing were rescheduled but was unable to arrange for anyone to appear on behalf of the respondents at the time the hearing was scheduled.

Mr. Godlewski’s complaint focused upon two campaign signs, each of which said, “SAVE OUR E.M.S.” followed by the names of two candidates. He alleged that:

1. The signs were misleading because they suggested that someone wanted to eliminate the town’s Emergency Medical Service and that only the candidates named on the signs could save it; and
2. The signs lacked addresses and other contact information.

He alleged violations of Fair Campaign Principles Nos. 1, 3, 4, 5, and 7.

FINDING ONE: NO UNFAIR CAMPAIGN PRACTICE.

Principle No. 1 pertains to debates and discussions and really does not apply to these allegations. That principle states: The candidate will conduct a campaign for public office openly, fairly, and truthfully. Candidates will discuss the issues and participate in fair debate with respect to their views and qualifications.

FINDING TWO: NO UNFAIR CAMPAIGN PRACTICE.

The signs did not appeal to prejudice in the accepted sense of the term and, therefore, did not violate Principle No. 2, which states: The candidate will not participate in, permit, or condone any appeal to prejudice.

FINDING THREE: UNFAIR CAMPAIGN PRACTICE.

The signs were misleading because they suggested an attempt to eliminate the town’s E.M.S. system and it appears from the testimony that no such attempt has been made. One part of the E.M.S. configuration, a contract for services provided by Rotterdam Emergency Medical Services, a non-profit agency, expires at the end of 2009. There is some controversy over whether to renew the contract or contract with a private ambulance company. Mike Godlewski was unable to articulate positions on that issue by either his client or the respondents and suggested that his client may favor putting the question to a townwide referendum. The panel found a violation of Principle No. 4, which 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 of an opponent.

FINDING FOUR: UNFAIR CAMPAIGN PRACTICE.

The signs clearly identified candidates but did not contain the name and address or other contact information of the sponsor. Therefore, they violated Principle No.5, which states: The candidate will ensure that his/her campaign materials and advertisements, which the candidate disseminates or which are disseminated on the candidate’s behalf, clearly identify the candidate and contain the name and address, or other contact information, of the sponsor.

FINDING FIVE: NO UNFAIR CAMPAIGN PRACTICE.

Principle No. 7 does not apply. That principle states: The candidate will promptly and publicly disavow support from and the materials/ actions of any individual or group whose activities violate this Statement of Principles or whose activities would violate this Statement of Principles if engaged in by the candidate or the candidate’s campaign.

The panel directed that these findings be forwarded to the candidates and posted on the FCP website to provide a guide for candidates in the future.

Fair Campaign Practices for the Capital Region, Inc. was established to promote a climate of fair, open, and honest campaigns; encourage candidates to discuss the 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.

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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 quotations or excerpts. Otherwise the use is an unfair campaign practice.

October 16, 2009

Contact:
Reverend Mick Drown
FCPCR President
424-8787

Findings in the
Complaint of Paul Sausville V Suzanne Daley-Nolen
COMPLAINT 2009-3

Fair Campaign Practices for the Capital Region, Inc. (FCP) held a hearing on October 14, 2009, to consider a complaint made by Paul Sausville against Suzanne Daley-Nolen. Both were candidates in the primary election for Malta Town supervisor. The hearing was held after the primary because the actions in the complaint occurred too close to the date of the primary to be heard before the election took place, and because Ms Daley-Nolen is currently conducting a write-in campaign for the office. Present were hearing panel members Barbara Bartoletti, Michael Foster, Beverly LaBarge, Faith Weldon, panel Chair Katherine Henrikson, and Coordinator Barbara Thomas. FCP Board member Aimee Allaud was also present. Mr. Sausville appeared. Ms. Daley-Nolen was invited, but did not appear. Mr. Brendan Quinn delivered documents on behalf of the Daley-Nolen campaign.
Mr. Sausville complained that Ms Daley-Nolen had distributed a brochure three days before the primary that violated several principles since it contained many distortions and falsifications about him. He further complained that the flyer did not include the name of the sponsoring person or organization, in violation of Principle 5, “The candidate will ensure that …campaign materials…contain the name and address…of the sponsor.”

FINDING 1: UNFAIR CAMPAIGN PRACTICE

The campaign flyer called “Have You Heard?” included a section titled “Paul Sausville’s Real Malta Report Card” that contained six allegations that violate Fair Campaign Principles.

1. He “bailed out on a debate with his opponent”. Mr. Sausville declined the invitation to debate because it was offered on short notice, for a date when he already had a speaking engagement at a Republican Party event. He did not accept the invitation, then cancel at the last minute. Violation of Principle 4, “The candidate will not…permit the use of …material…that misrepresents, distorts, or otherwise falsifies…the facts regarding…an opponent.”
2. He “opposed a new library for Malta residents”. Mr. Sausville voted in favor of the library and funding (including a bond issue) for its construction at a Council meeting on September 12, 2007. Violation of Principle 4, “The candidate will not…permit the use of …material…that …distorts or otherwise falsifies..the facts regarding…an opponent.”
3. He “Let his best friend dig up a Malta park to install a secret water line. Don’t forget the Malta Nature Preserve!” Installation of the water line was not a secret, since it required action by the Town Council, in the form of a resolution invoking a temporary revocable license agreement between the Town and Saratoga Water Services. The Town Attorney, Tom Peterson, found that no ethical violation occurred. Violation of Principle 4, “The candidate will not…permit the use of …material…that misrepresents, distorts, or otherwise falsifies..the facts regarding…an opponent.”
4. He “gave his best friend a $300,000 tax credit”. A Town Supervisor has no control over tax assessments or credits. Violation of Principle 4, “The candidate will not…permit the use of …material…that falsifies..the facts regarding…an opponent.”
5. He “opposes lawful downtown development and what about senior citizen housing?”. Mr. Sausville’s letter to the Editor of the Ballston Journal proposes a downtown building moratorium to permit a public opinion survey and completion of a visioning study. He proposes limited development to retain the small town character of Malta. In this matter he has an honest difference of opinion with some members of the Town Council, but he does not oppose downtown development. Violation of Principle 4, “The candidate will not…permit the use of …material…that misrepresents, distorts, or otherwise falsifies..the facts regarding…an opponent.”
6. He “voted to open private lakefront property to the public”. Mr. Sausville questioned the proposed support by the Saratoga County Board of Supervisors for the Great Sacandaga Lake Protection Committee in its fight against new permit regulations, but he voted in favor at the County Board meeting. Violation of Principle 4, “The candidate will not…permit the use of …material…that falsifies..the facts regarding…an opponent.”

The same campaign flyer contains quotations from The Daily Gazette and the Times Union in which a headline has been altered and text is incomplete or taken out of context. The Daily Gazette headline is “Board seeks ethics investigation”; in the flyer the headline reads “Ethics review of Town Supervisor Paul J. Sausville”. The flyer also contains a paragraph (without headline) dated July 6, 2009, from The Daily Gazette about the Town Board asking the Ethics Committee to review the circumstances around Deputy Town Supervisor Glenn Rockwood having installed a private water line to his home through town parkland in 2007. The flyer fails to note The Daily Gazette article two days later, on July 8, with the headline, “Ethics law not broken, official reports.” The text of the first paragraph is: “The town ethics law wasn’t violated when a private water line to Deputy Town Supervisor Glenn Rockwood’s house was installed across town parkland in 2007, Town Attorney Tom Peterson said.” Violation of Principle 4, “The candidate will not…permit the use of …material…that misrepresents, distorts, or otherwise falsifies..the facts regarding…an opponent.”

The reverse side of the campaign flyer says, “Paul J. Sausville An Ethics Challenged Supervisor”. Three charges against Mr. Sausville were investigated by the Town Ethics Committee, which concluded that two charges were unfounded and the third, while questionable, did not warrant a penalty as an ethics violation. Further, the Town Ethics Committee (Ballston Journal, July 10, 2008) said that “The [Town] Board should refrain from unwarranted use of the Ethics Committee for purposes which are best left to the electorate.” Violation of Principle 2, “The candidate will not …permit unfair or misleading attacks upon the character of
an opponent”.

Mr. Sausville complained that the brochure was anonymously distributed. The brochure was also reproduced on Ms Daley-Nolen’s Web site (since dismantled). In the Daily Saratogian of October 14, 2009, Ms Daley-Nolen claimed responsibility for the brochure.

FINDING 2: UNFAIR CAMPAIGN PRACTICE.

Anonymous distribution of the flyer during the primary campaign was a violation of Principle 5 : “The candidate will ensure that…campaign materials… contain the name and address…of the sponsor.”

Fair Campaign Practices for the Capital Region, Inc. was established to promote a climate of fair, open, and honest campaigns; encourage candidates to discuss the 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.

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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 quates. Otherwise the use is an unfair campaign practice.

October 15, 2009

Contact:
Reverend Mick Drown
FCP President
424-8787

Findings in the
Complaint of Daniel Loomis V Joseph Igoe
COMPLAINT 2009-2

Fair Campaign Practices for the Capital Region, Inc. (FCP) held a hearing on October 14, 2009,to consider a complaint made by Daniel Loomis against Joseph Igoe. Both are candidates for Common Council in the City of Albany, representing the 14th Ward. Present were hearing panel members Barbara Bartoletti, Michael
Foster, Beverly LaBarge, Faith Weldon, panel Chair Katherine Henrikson, and Coordinator Barbara Thomas. FCP Board member Aimee Allaud was also present.
Mr. Loomis appeared. Mr. Igoe was invited, but did not appear, nor did he send a representative.

Mr. Loomis complained that his opponent, Mr. Igoe, had refused an invitation to a public debate during the month of October. Mr. Igoe sent a written statement in
which he cited a lack of time during the month of October, when city budget preparations take up a great deal of the Council’s time.

FINDING: UNFAIR CAMPAIGN PRACTICE

Violation of Principle 1: “Candidates will discuss the issues and participate in fair debate with respect to their views and qualifications.” Mr. Loomis made a goodfaith effort to contact Mr. Igoe immediately after his (Mr. Igoe’s) primary win to suggest a debate. He also contacted the Pine Hills Neighborhood Association,
which agreed it could act as a neutral sponsor of a debate. Mr. Igoe’s plea that he had no time is not substantiated by the calendar of his activities that he supplied to the FCP: all Friday and most Saturday evenings were free, as were Sunday afternoons and the Columbus Day holiday.

Fair Campaign Practices for the Capital Region, Inc. was established to promote a climate of fair, open, and honest campaigns; encourage candidates to discuss the 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.

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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.

Fair Campaign Practices for the Capital Region, Inc. (FCP) held a hearing on September 22, 2009 to consider a complaint made by John Mooney against Michael Stammel. Both are candidates for Rensselaer County Legislator in the 6th District representing the city of Rensselaer. Present were hearing panel members Dr. Khalid Bhatti, Rev. Maurice Drown, Terry Lowenthal, Stevie Swire, and Chairperson Joan Elliott and Coordinator Barbara Thomas. Mr. Mooney appeared. Mr. Stammel was invited but did not respond in a timely manner nor did he or a representative appear.

1. Mr. John Mooney complained that his opponent, Mr. Michael Stammel, issued a mailing to Independence Party voters that implied he was endorsed by Steve Green, president and business agent of the Amalgamated Transit Union and a Democratic committeeman in Rensselaer, although this was not true.
2. Mr. Mooney also said Mr. Green’s signature was forged on the mailing and it was used without Mr. Green’s knowledge.
3. As evidence, Mr. Mooney produced a notarized statement from Steven Green stating: “I did not endorse any candidate for County Legislative District 6 at this time nor did I allow anyone to sign my name on this political mailing. My signature was forged. This mailing was not authorized by me. This is not my signature.” A Republican Party spokesman, in an article in the The Troy Record stated that “We do apologize to Mr. Green for the error and will work with him to correct the mistake.” That “mistake” was attributed to a campaign volunteer.

The evidence offered to support the allegations included copies of the material with the alleged endorsement, a notarized statement from Steven Green declaring he had not endorsed any candidate nor had he signed any such statement, and a newspaper article.

FINDING: UNFAIR CAMPAIGN PRACTICE.

• Violation of Principle 1:    Mr. Stammel did not conduct his campaign for public office “fairly and truthfully” when he used an endorsement unauthorized by Steven Green who said he would not endorse any candidate in the race.
• Violation of Principle 4: Mr. Stammel, by using the campaign material with false signature and endorsement, violated the principle that states “the candidate will not use, permit the use of, or condone the use of any campaign material” that “misrepresents, distorts or otherwise falsifies a fact or the facts regarding his opponent.”
• Violation of Principle 7: When Mr. Mooney brought the campaign mailing to the attention of Mr. Stammel’s campaign, Mr. Stammel failed to “promptly and publicly disavow” the materials that violated the Fair Campaign Practices Statement of Principles. The statement to a Troy Record reporter by a Republican Party spokesman, Rich Crist, acknowledging a “mistake” does not meet this principle.

Forgery is a legal claim that is beyond the jurisdiction of Fair Campaign Practices for the Capital Region.