Consider Authorizing the City Council to Direct Staff to Submit a Complaint to the Fair Political Practices Commission regarding November 8, 2016 Election Mailers. (Mayor Spencer)
Consider authorizing the City Council to direct staff to submit a complaint to the Fair Political Practices Commission regarding November eight, 2016 election mailers. We do have speakers on this item. All right. And I had this is a referral I brought. And unfortunately, there were two election mailers that were sent out during this last campaign season that did not include any identifiable information as required by the state of California. And I contacted the FEC in regards to making a complaint, and I was informed that there are the mayors have made complaints in the past that council members have made complaints in the past. And and given our form of leadership here, it's I can't make a complaint as mayor without council voting to prove that. And the complaint is simply and it's actually very simple on their website. It's a dropdown menu and identifiable mailers. You send them copies of it and then they look into it. So it doesn't require any staff time in regards to doing any independent investigation at all. But I, I would like to be able to submit the complaint as mayor. And I think it's actually very important because many of you may or may not know there are many rules regarding finances in any campaign that require us to report all donations, $100 or greater, and all expenditures and in a timely manner. And unfortunately, when mailers are sent out with with stamps is what happened here and not identifying who is sending them out, that circumvents all of the purpose behind having these campaign requirements of how to run a campaign. So that's why I brought this referral. And also I know in the past and I've attended some of the meetings that the League of Women Voters has put on in regards to campaign finance in our city. Other cities have adopted some measures for that. And unfortunately, if we have people that are sending out mailers with only stamps, nothing identifying them, then there's really no . It. Would circumvent any effort on our behalf to do any campaign finance reform. So I think it's very important that we as a council send that message that we do expect everyone to comply with the California state law and report expenditures that occurred during a campaign. That's why I brought this. And, um, we do have speakers, so I will call on our speakers. Brock, Dale Lott, Elliot and then Jim Sweeney. As we've seen in the recent election, the American public is losing confidence in their elected officials. In January of 2010, the United States Supreme Court voted 5 to 4 Citizens United versus the Federal Election Commission, ruling that freedom of speech prohibited the government from restricting independent political expenditures by a nonprofit corporation. The principles articulated by the Supreme Court in that case have been extended for profit corporations, labor unions and associations. This ruling has had an extremely detrimental impact on participatory democracy in the United States. A recent study by Princeton and Northwestern University's has concluded that the U.S. is dominated by a rich and powerful elite. To quote from the study, multivariate analysis indicates that economic elites and organized groups representing business interests have substantial independent impacts on U.S. government policy, while average citizens and mass based interest groups have little or no independent influence. A recent survey by Bloomberg shows that 78% of the American public believes that Citizens United should be overturned. Our own island community has recently suffered a similar fate of unscrupulous campaign spending by a group fascist, facetiously named Alameda in the United. The funding for this PAC comes predominantly from off island unions and developers. During the past election, Elements United sent out a massive number of mailers which were filled with false and misleading statements about Councilman Tony De Saag and in support of Melia, Vela and Marilyn Ashcraft, who I am sorry, is not here tonight. In just a few days prior to the election, the worst of these mailers was sent out with the heading pay to play with a picture of our councilman, Tony de Saag. There was no required attribution as to who produced this mailer, and it was sent using a first class stamp to hide its source. This is clearly a violation of California law. I have filed a formal complaint with the California Fair Political Practices Commission. I would urge the city council and all concerned Alameda to do the same. Then the irony of this dirty trick is that Tony de Saag is the sole candidate who refused to take contributions from special PACs, and thus he lost his reelection to two candidates promoted by these slick fliers. As a resident and a voter in Alameda, I would like to know whether council members Vela and Ashcraft will publicly denounce such dirty politics. More important, will they recuse themselves from future council votes in matters which directly benefit those who perpetrated this distasteful and harmful tactic? As a body. The Alameda City Council should likewise sanction those found guilty of this lawless activity. In closing, I would like to thank Councilman Dave Sorg for his service to our city. His integrity and truthfulness will be a severe loss to our city government. Thank you. Thank you, Jim Sweeney. That's me. And I'm happy to finally get to address you tonight. I think that the previous speaker. Did a wonderful job of state, putting us in tune with the state of the election process. I think that and I. I think that it's up to us. And our at our level to do our own thing. To take care of this critical thing. We have an avenue of redress. And I think that it's critical that we take this necessary step to protect the constitutional rights of all Americans. There's a fair election required by law. And that time is of the essence in order to ensure that timely examination imposition of penalties for any transgressions are implemented. And I think and I think that you as a body, not staff and with all due respect for staff. I think that you should do this complaint as a body. And speak for on behalf of all our citizens. And Tony was mentioned very well by the previous speaker. I just like to mention that Jennifer Rohloff. Was also a victim of this type of of. Action. So. This is a critical thing. It's it's not unimportant. They're chipping away at our freedoms. And we can't let them do that. It's money. But we can fight money and we've got to keep fighting money. So I humbly request that you do the complaint. Thank you. Thank you. Patricia Gannon. Good evening, Mr. Spencer, your council and staff. I'm Patricia Gannon. And first of all, I would like to thank Bear Spencer for putting this item on the agenda and giving us the opportunity to speak to it. I and I would hope that Council would follow her lead and support her and unanimously vote to file an official complaint with the federal SPCA and take some action. This kind of behavior has no place in our election process, and we in the media need to make a strong stand to. Put it to an end. Thank you very much. Thank you, Susan Sperry. I'm here, frankly, because. Frank sent me. An email or through Facebook or whatever about the agenda. And I was I have been terribly upset with the election. I know agency about what? Who said what? And I got the fliers and I was just furious. And so I expressed my anger to Frank and I talked to Jim and Tony. And I just think that it was not only an insult to Tony, it was an insult to all of us. And I was very glad that you let me know about what was going to go on. And that's why I'm here. And I would support any action that would investigate and complain or whatever. And about the individuals who sponsored those terrible fliers and who were those individuals that were funded with the money that I feel? Was terrible. Anyway. Thank you, Noel Folsom. And he's our last speaker on this item. If you want to speak on this item, please submit your slip. I'm here to commend the mayor for bringing this item up, and I hope you'll take a positive action. I'm 84 years old, and I think Tony Danza made a good decision when he when he voted against that senior housing. I would not want to live under the landing path of aircraft at the Oakland airport. I think that was excellent and well explained. And the people that sent those fliers out, I don't think Marilyn wanted to face the music tonight. But she should be chastised in the new councilman elect Villa. I don't know what. What rock she crawled out from under. But. But her. Her flier was scurrilous. It was absolutely filled with lies, and it was villainous. So I'm hoping that she does hard time. I've never seen her at any council meeting. I've never seen her serve on any board or commission of the city. So I don't know what she thinks she's going to achieve on the council. But I don't think it's very much and I tell you this, I will work very hard to see that she serves only one term . But thank you again, Bear Spencer, for bringing this up. You're welcome. Thank you all for speaking this evening. Comments from council members. Remember De. Well, thank you. Thank you very much for the residents who took the time to come out and share their thoughts on this item. I do want to thank Mayor Spencer for bringing this matter forward, because I do think it is important for the city council to air this out on behalf of the residents, not because, you know , my name or my face was on these fliers, but as Steve Crystal, a West End friend of mine, said, that in this past election, what you saw was a certain level of odious news, the likes of which we had never seen. For many years. I think maybe the last time anything like this came close would probably be in 1982. But I don't even think 1982 in that mayor's race. I think it was Amy Stone and and Rich Garrett. I don't even think that level that that 1982 mayor's race, you know, had this level of negativity. And so I do think that it's important for the city council to make a statement that says that, you know, that kind of politics might be fine for the bigger cities like LA of the world or the San Francisco's of the world. But here in the city of Alameda, amidst a city of 75,000, you know, we we have certain values when it comes to civic engagement and that we're going to affirmatively support those values. And that's why I think it's important to join Mayor Spencer in sending us a statement to say to complain about this level of negative mailers that came out, particularly about the ones that didn't follow the noticing, require rules. Member, Odie. Thank you, madam. I just have a question. The city attorney. So. I'm not sure what we're being asked to do here. Well, if I can try to explain just a little bit. First of all, the city and the city attorney's office does not have any jurisdiction on this issue. This is the Fair Political Practices Commission, which is the state body that administers the Political Reform Act and administers election issues like this one. And I think as one of the speakers, Mr. Gallup said, he has filed a complaint with the FPC. Others have, too. And in fact, in the package of materials that he provided, the Fair Political Practices Commission has notified him as of November 30th that they are going to be investigating. So the way the FEC works is you can go to their Web site, anyone can, to make a complaint about what they believe could be an improper election activity. The FEC has two different kinds of ways you can play. One is anonymous and one is a sworn complaint. If you do a sworn complaint, which apparently Mr. Dunlap did, then the FEC lets you know within 14 days whether or not they're going to investigate and then they investigate. I actually contacted the NPC myself when this referral was put on the agenda and they advised that they had received complaints and they had received sworn complaints. So as far as what this body may be doing, I mean, it would be just kind of adding your voice, I guess, to a complaint that's already being investigated by the FEC. And they will investigate what the procedures are and we will or won't hear what the result of that was. They have ability, if they find there were violations, to assess fines to if something is really egregious, to go to the district attorney and ask them to consider doing some criminal actions, ending on what it's all about . But really, the city doesn't have any authority to do anything. We don't have any local election. Policies, if you will, that some cities have adopted that, you know, we might be able to take action, but in this case, we have none. And so it's properly before the NPC. So, I mean, we could do nothing today and it's still going to be investigated and there's still going to be a resolution and a response and an investigation and all those other things you said. So then logistically or how is this going to happen if we approved it? I mean, is someone going to go log into the site and say, I mean, how's that going to happen? I mean, is is are you going to do that? Well, it's whatever council would decide tonight, if they want us to take some action and if they want the mayor to just do it, if they want the attorney to do it, if they want the council. To hold it there. Anyone any one of us could do it now, right? I mean. So I guess I'm a little curious on why. So I tried to explain that and I'm happy to. I'm trying. Can I finish my. And it's my referral. Thus I'd appreciate it, but I do. Want to make my comment. Okay. So I want to make my comment. So. So. I guess listening to the city attorney, you know, I understand there's a lot of anger over the election. You know, I'm still not over the presidential election. Probably never will be, but. You know, if I think maybe a more constructive use of our time would be to do some type of resolution that condemns this type of negative campaigning, because, you know, this is not the first time we've seen this, you know, council member matter. You know, I thought it was bad when it happened to you two years ago. And, you know, I was a campaign manager in 2010. And, you know, with all due respect to my my colleagues comments, I think that was probably one of the ugliest elections I ever I ever saw. And you were the victim of a lot of that negative campaigning. So you being. Vice Mayor matter SC when you were running for mayor and you know, that was. 5060. I don't remember the amount $70,000 poured in by sun cow. You know, there was stuff said about Malia Vela on the Internet, you know, that people were going after her job and you know how long she lived here. There were people attacking Maryland, Ashcroft's family on the Internet. There are people attacking my children on the Internet. So there was negative campaigning. There was charter money that came in from out of the city to attack Measure B one and do negative mailers on B one. I mean, that's something I want to condemn. There was money that came in from Virginia and from Internet companies to attack Measure K one. And then here we have this, which I condemn just as strongly. So I think, you know, it sounds to me like we want to just pick the messages and pick the people that were targeted and complain about those without, you know, looking at the big picture. There was a lot of negative campaigning that went on in this election. It was really unfortunate, and I'd like to see us do more as far as making a statement against that instead of picking out just one thing. And it's happened before, you know, Frank's been the victim of it twice. So, I mean, I think this is kind of, you know, it's kind of. And I want to say silly, but it's really not going to matter what we do. So it's going to be there's going to be investigation. And if people have done things wrong, we'll find out about it and justice will prevail. So it just seems a little bit odd that we're just picking one aspect of negative campaigning to go after when there's there's so much other stuff out there. So I'd like to speak to that because this is actually I've brought this from a specific requirement under the. They require that mailers be identified. It's not just negative campaigning. In fact, that is not the issue. So I want to make sure that that's clear. This is a violation of the PPC. And I know that because you're the eff PPC. Sorry, I. It. I would appreciate if. You could just. Finish my comments. Thank you. I would appreciate if you allow me to finish my comments. Thank you. Okay. Thank you. Became the FPP. Sorry, this is my referral and I'd like the opportunity to explain it. I think that that is appropriate. Allowing actions when you're done. So we have other council members that will be I will be calling on first. So let me finish my comments. I am bringing this specifically and it's unfortunate that the title didn't specifically say this. It's consider authorizing the City Council to direct staff to submit a complaint to the FEC regarding November eight, 26 unidentifiable election mailers. And it is the and an identifiable part that rises to something that you can make a complaint to the PPC and that specifically circumvents all of the rules regarding campaign finance, keeping track of all the donations, who's sending out what, what the costs are. This is not a content based. This is actually because they use stamps and they didn't identify themselves. And all of us that are candidates, we file regular reports in compliance with the FEC monies we raise and how we spend them. And to me, it is very important. I appreciate the speakers and actually all the emails we received on this issue that do understand we are speaking specifically about a violation of this unidentifiable mailer. And that's why I think it's important that we speak. And I would prefer unanimously that we send a very clear message that we do require in our town that all mailers satisfy the FEC. And I cannot send that. I can do an individual report, which is. But we have members of our community doing. However, I am mayor and I think it's important that council and that I as mayor speak in this capacity that that we make a strong statement that the Council does not support an identifiable election. Mailers, which is why I brought this vice mayor. And I think this. We refer to is about negative campaigning and illegal campaign in our apparent what appears to be illegal campaign on. Material being mailed out. Having been on the receiving end of it. I know it's no fun and. I like the idea of the council taking a stand on negative campaigning and should you know, I think we have to speak out on it. I think we've all spoken out at some point individually on it, including and I just don't know how or what we can do about the the personalization of comments on the Internet, which in this campaign I think of were were pretty bad and they were bad in 2014 and they were worse in 2007. And so we have a building trend here. I do think it's important for the city council, not the mayor, not council member, Frank matter or any individual to to tell the state that we have a problem here, because if we don't do anything, shame on us. So I'm in agreement with filing a complaint and doing the follow up. So the it we don't just throw it out there and then go on our way and wait till 2018 because having whatever the fact is, whoever the candidate here really kind of doesn't matter. It's that somebody went around the law. Is the way this appears to me, and I think the rest of the standard is on us, as council member already said, is to talk about, oh, what is it that we what kind of conversation, what kind of resolution can we say when we talk about campaign reform is what do we say to help? I'm not going to say enforce civility, but remind people that we need to be civil and we remind people that we stop. You know, put this little heart logo. Here is. Stop. Personal characterization. Stick to issue. So I would support filing the city council, not the mayor, but the city council filing a complaint. I don't know how how that can be executed, but I would support voting for that and. Following up on it. And we can assign, if we don't want to take staff time, assign a council member to follow up with the SPC to say where is the complaint, what is your investigation, say and and have it a report out at some point. So I think this is we have to start chipping away at what has become an ugly environment or people who volunteer to do this. People who. Enjoy the fact that they can talk to their members of counselor, the members of the school board. And if things start getting so personal, it's it's going to change the dynamic in in in the way that Alameda acts as a city and in a very bad way. So I think we have to make a stand here. Thank you. Before 1030, I need to have a motion to consider the remaining items. Nine B force referral, nine C Campaign finance reform. And that requires four votes. We have no speakers on either of those. Is there a motion to hear those? I move. Okay. All those in favor. I know. Motion fails. All right, so then we'll just finish up this item. Any other speakers will remember, Audie? Just one quick comment. I mean, I know you sound very firm in your determination that it was against the law, but. I mean, if you look at the political advertising, disclaimers, mass mailings, it has to be more than 200. So I guess we'll find out if there were more than 200 sent. So, I mean, I'm not FBC, I don't know. I guess we'll find out. I'm going to abstain on this. I think it's kind of a waste of our time, but I'm not going to vote no on it because I believe we do have to send some message against negative campaigning. I'll move that the city council of a complaint and follows up to see what the results of the investigation are. I'll second that. All those in favor. I. Epstein or. Abstain. The motion carries 3 to 1. One abstention. Thank you. And the other? Yes. Would you like to approach the mike and you Oti? Wouldn't you want to know who. Broke the law? I'm sorry. Not out. I'm sorry. Actually, it's okay. Well, look. We're gonna find out. So you. But wouldn't the council want to know? So wouldn't this affect the way. He has been? I'm sorry. He has already weighed in. That's his vote. And I need to continue. I'm sorry. We can. You can follow up with him separately on your own. I appreciate that. Next, any council member communications on any matter, not on the agenda. All right. And we will be a moment of silence. We're going to adjourn. We're going to adjourn in memory of the victims of the fire warehouse in Oakland. So if we could have a moment of silence. And and Arnie Fong. Thank you. A moment of silence, please. Thank you very much, everyone, and good evening. Meeting adjourned.