Illegal Campaigning in Burlingame?

There is growing confusion over who is funding the campaign in support of Burlingame Measures H and I. It seems the normally required campaign filings for the measures seem to never have been made nor did the required identifying information appear on the flyers sent to voters in early October as required by law.

Confused? So are many Burlingame voters.

The odd sequence of events may be the beginning of a full-fledged scandal or require only a simple explanation.

In early October two campaign flyers landed in the mail boxes of Burlingame voters, one in support of Measure H and the other in support of Measure I.

Measure H is a proposed increase of 2% to Burlingame’s local hotel tax paid by hotel visitors from 10% to 12%.

Measure I is a proposal to end the practice of electing Burlingame’s City Clerk and make it an appointive position.

The mailer in support of Measure H included what appeared to be the appropriate identifying information including the name of the committee supporting the measure, “Protect Burlingame” and what looked a number assigned to the committee via the State’s Fair Political Practices Commission, the quasi-governmental agency charged with enforcing the Political Reform Act of 1974 – the body of law that requires, among many things, disclosure of the source of funding and the organization behind measures and candidates.

The mailer in support of Measure I however lacked any of the identifying information and it was that lapse that first caught the eye of inquiring minds in Burlingame. An inquiry about the matter was made by the Daily Journal Newspaper in a small piece in which City Manager Jim Nantell stated that “…both were paid by the same group, Protect Burlingame, FPPC No. 800317956. It was left off of one flier by mistake.

While that answer sufficed for the Daily Journal, others remained skeptical. For one reason, the FPPC number quoted by Nantell is not an FPPC Number. For starters, most FPPC numbers for committees or candidates range from 6-7 digits, not 9 digits. Secondly, in a quick check of the Secretary of State’s online database of campaign finance records, no such committee number can be verified and no committee under the name “Protect Burlingame” exists.

As of the posting of this column, no forms normally required to form a campaign committee or report the financial activity of such a committee, described as forms 410 and 460 on the Secretary of State’s web site and required by the FPPC, have been filed with the Office of the City Clerk in Burlingame as otherwise required by law.

More peculiar is the fact that the number quoted by Nantell is the same number associated with the May 5, 2009 campaign committee that supported a measure on Burlingame’s ballot in a special all-mail in election for property owners to form a special assessment district to pay for upgrades to the City’s storm drain system.

The identifying number quoted by Nantell and presented as an FPPC-assigned number in the Daily Journal is the same as that listed on the web site for the storm drain measure. But the number actually appears to be some sort of federal tax identification number often associated with a nonprofit or some other such enterprise, not one assigned by the FPPC.

So, all of this begs the questions of who are the members of “Protect Burlingame” and where are the records of the committee’s financial activities? They are not with the City Clerk and there is no trail with the Secretary of State. The signatories on the ballot measures include the entire Burlingame City Council and other local leaders past and present but that is the only clue to the make up of "Protect Burlingame".

And what may be another issue is the use of the same reference number for both the Storm Drain Measure on the May 5, 2009 ballot for the Measure H/I campaigns for the November 3, 2009 campaigns. Again, where are the financial documents for the Strom Drain committee? And are funds that were donated to the Storm Drain measure being comingled with those supporting Measures H and I? If so, there may be more problems to come for those associated with “Protect Burlingame.”

In the case of Measure I, the “I” must stand for irony as the primary argument for maintaining an elected City Clerk is preserving the independence of the city clerk as the clerk serves as the city’s election’s officer charged with ensuring all necessary documents are filed by candidates and local measure committees. Oddly, the supporters of removing the City clerk as an independently elected office may have failed to file the necessary paperwork for that effort and it may be up to the elected City Clerk to then report the sponsors – including members of the City Council and the City Manager – to the FPPC to face enforcement action including potential fines.

This goes to the basic argument of the opponents of Measure I that an independently elected City Clerk is necessary in the case they must take action that could result in penalties for City Council candidates who would then have indirect authority to hire and fire a City Clerk if it was appointive.

Perhaps there is a simple answer or perhaps the elected City Clerk will be forced to turn this matter over to the FPPC for investigation. Either way, many Burlingamers will be watching.

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Illegal Campaigning in Burlingame

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San Mateo County Democrats Select Candidates at Straw Poll Event

SOUTH SAN FRANCISCO, Calif. -- Voters had their first opportunity to show support for candidates in key statewide races at the San Mateo County Democratic Party Straw Poll held at the South San Francisco Conference Center on Sunday, October 18, from 2:00 p.m. to 5:00 p.m.

“The event was an outstanding opportunity for those running for statewide office in California to meet and speak directly to and with Democratic Party activists and delegates in San Mateo County and the Bay Area,” said David Burruto, Chair of the San Mateo County Democratic Party. “It was also an opportunity for local activists to demonstrate early support for statewide candidates in advance of the June 2010 Democratic Party Primary Election.”

Candidates or their surrogates running for the positions of Governor, Lt. Governor, Attorney General, Insurance Commissioner and Superintendent of Public Instruction were in attendance including Attorney General Jerry Brown, Assemblyman Alberto Torrico (D-Fremont), former Facebook executive Chris Kelly, Los Angeles City Councilmember Janice Hahn, and Assemblyman Tom Torlakson.

Attorney General and probable candidate for Governor, Jerry Brown, began the event with spirited words about the current state of affairs in California and his vision for the future of the state. In turn, San Francisco Treasurer Jose Cisneros stumped for San Francisco Mayor Gavin Newsom regarding his bid for Governor.

To follow, candidates and representatives for Lieutenant Governor, Attorney General and Insurance Commissioner all outlined their credentials and plans for the offices they are seeking. Speaking on behalf of Assemblyman Hector De La Torre was Alex Gallardo-Rooker, the Vice Chair of the California Democratic Party.

The Straw Poll event brings together the most politically active Democrats in the greater San Mateo County region, early in the campaign season. It allowing party activist to meet and declare support for the Democratic candidates. The event wiil serve as the San Mateo County Democratic Party's biggest fundraiser in 2009.

This event also provides San Mateo County political analysts the chance speculate whether Sunday's straw poll results will determine who will be elected in the elections.
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The full slate of declared Democratic Party candidates for state offices includes:
Governor: Attorney General Jerry Brown, San Francisco Mayor Gavin Newsom
Lt. Governor: State Senator Dean Florez, L.A. City Councilmember Janice Hahn
Attorney General: San Francisco District Attorney Kamala Harris, Assemblyman Alberto Torrico, Assemblyman Ted Lieu, Assemblyman Pedro Nava, former Facebook executive Chris Kelly, former L.A. City Attorney Rocky Delgadillo
Insurance Commissioner: Assemblyman Hector De La Torre, Assemblyman Dave Jones, San Francisco Supervisor Michela Alioto Pier
Superintendent of Public Instruction: Assemblyman Tom Torlakson, State Senator Gloria Romero

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The winners of the Straw Poll were as follows:

San Mateo County Specific Totals:

Candidate / Office	Total Votes	San Mateo County Votes
Attorney General
Torrico	85	38
Harris	44	29
Kelly	31	11
Delgadillo	1	1
Nava	0	0
Lieutenant Governor
Hahn	76	44
Florez	40	20
Lowenthal	19	11
Insurance Commissioner
De La Torre	55	31
Jones	43	17
Alioto-Pier	41	24

About the San Mateo County Democratic Central Committee:
As the official organizing body of the Democratic Party in San Mateo County, Calif., the Committee makes the official Democratic Party endorsements in non-partisan municipal, local district and county elections, operates the county's official Democratic Party Headquarters, and generally coordinates Democratic activities in the county. -- www.sanmateodemocrats.org


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Democratic Straw Poll Kicks Off 2010 Elections/Hanley Chan Residency...?

On Sunday, October 18, 2009 from 2:00 p.m. to 5:00 p.m. at the South San Francisco Conference Center, the San Mateo County Democratic Central Committee will hold its second-ever straw-poll to kick off the 2010 election.

The poll will give San Mateo County local Democrats the chance to meet and hear from many Democratic Party candidates for statewide office and to vote for their candidates in key state races including: Attorney General, Lt. Governor and Insurance Commissioner.

Featured speakers include: Senator Tom Torlakson, Assemblymember Albert Torrico, CA Democratic Party Vice-Chair Alex Gallardo-Rooker and San Francisco Treasure Jose Cisneros to name a few.

The first San Mateo County straw poll which occurred early in the presidential campaign provided momentum for and insight into the 2008 Democratic presidential primaries. I will be monitoring the results of this straw-poll to see if it predicts how San Mateo County Democrats will vote in the upcoming 2010 California Democratic primary.

Check the San Mateo County Democratic Party Link for the invitiation and more information: http://www.sanmateodemocrats.org/

AUTHORS NOTE: Hanley Chan Residency…?

Hanley Chan residency, Broadmoor

In regards to the column “Foul Politics taint Broadmoor” from August 12, numerous readers have raised questions about the residency of Hanley Chan.

Due to the number of readers that believe that Mr. Chan is not a resident of Broadmoor, I checked his residency and voter registration at the San Mateo County Elections Office on 40 Tower Road.

I discovered that Mr. Chan became a registered voter in the district as of January 28, 2009, so I hope that this information clears up any questions about his residency.

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Rumble in San Mateo Union High School District Election

Three incumbent members of the San Mateo Union High School District Board of Trustees are running for reelection this fall against two new challengers seeking seats on the board.

While incumbents Bob Griffin, Peter Hanley and Linda Lees Dwyer should have an easy road ahead, this election may prove to be a more difficult electoral year than many would have anticipated.

Challenger Mike Loy, a local contractor and Aragon High School parent, has deep roots in the community and is running a strong, grassroots campaign. But Loy’s early success is also due to the difficulties that plagued the school district in the recent past.

Three years ago the San Mateo Union High School District was in the throes of a great financial upheaval with a budget significantly out of balance and a bond-funded construction program that was nearly spiraling out of control.

The financial problems – what many called mismanagement – lead to the retirement of veteran administrator and then superintendent Sam Johnson, the firing of the firm managing the bond expenditure program, the retirement of one long time board member and the defeat of another at the polls.

Two years later, there is a new administration, two new board members, a new firm managing the district’s bond-funded constriction program and the budget – while experiencing a decline due to overall economic declines - is balanced and under control.

But the remaining board members must bear some of the burden of responsibility for the financial meltdown of three years ago. Among them, only Linda Lees Dwyer, who is now seeking her second term, can claim little in the way of responsibility for the financial problems as she had only been on the board for less than a year before the problems began to surface and were made very public by way of a series of blistering Civil Grand Jury Reports.

That leaves Robert Griffin, a CPA who is seeking his fourth full term on the board to extend his 14-tenure, and Peter Hanley, a management consultant who is seeking his third term on the board, as those who must answer for the fiscal failures of the district which cost many millions in bond funding and district jobs.

For voters, there is also the option of 23-year old Guadalupe Ortiz, the director of academic outreach for the San Mateo Youth Foundation (SMYF) and a community volunteer. Ortiz is new to the political scene, so has garnered little in the way of real support and is not considered a serious candidate.

The only local newspaper that has endorsed in this race, the Daily Journal, endorsed Loy, Lees Dwyer and Griffin. The basic rationale for the endorsement is to call for support of the two viable candidates with no culpability in the near fiscal collapse of the district and then, a decision between Griffin and Hanley. The Daily Journal supports Griffin for supposedly having deeper community relationships but there are other reasons.

In addition to failing to provide the necessary oversight to safeguard taxpayer dollars, Hanley is also a rabid supporter of school choice via charter schools, school vouchers and has frequently expressed a pronounced dislike for teachers’ unions and their policy pursuits.

Hanley has authored numerous articles on the various subjects. In one such article in the Daily Journal Hanley states that he is “…as an unabashed school choice proponent who promised voters in my ballot statement that I would examine this possibility, the progress to date is especially rewarding.”

In another appearing the Chronicle Newspaper, Hanley details the benefits of school choice - allowing public schools to compete with one another for tax dollars and allowing parents to divest from the public system altogether and divert resources into private institutions. In another Chronicle op-ed Hanley attacks teacher tenure.

While it is unlikely for incumbents to lose their offices – particularly in a school district spanning six cities and comprised of over 200,000 residents – Hanley may be vulnerable. Hanley does enjoy a tremendous amount of support from the local building trades unions and local leaders such as Assemblymember Jerry Hill, but he has failed to garner many of the key endorsements that an incumbent should have, including the Democratic Party and the teacher’s union. Moreover, Loy will make significant gains in the parent community in which he is active as the president of the Aragon High School Parent Teacher Organization.

The outcome of the race will be hard to predict but look for Lees Dwyer and Griffin to retain their seats and expect a real battle for Hanley to stay in office with Loy making great headway against a sitting incumbent.

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Political Tsunami in Half Moon Bay

Half Moon Bay will be host to yet another political donnybrook this fall with eight candidates running for three available seats on the City Council.

Two incumbents, including two term incumbent Jim Grady and one-term councilmember Bonnie McClung, have opted not to seek reelection. That leaves five term veteran Naomi Patridge alone in pursuit of a successive term.

As per usual, the council election is a battle between the so-called “old guard” of Half Moon Bay representing more of the legacy families of the coast and the traditional agricultural interests that have more or less dominated the coastal city’s political history and those whose families are not century’s old residents and/or part of the agricultural community. These are often more recent arrivals to the coast, perhaps only 40 years residence, and lean toward the environmental side of the political spectrum.

Beyond the traditional divide, the City of Half Moon Bay has been in turmoil since December of 2007 when the final judgment against the City over the now apocryphal Beachwood development lawsuit brought against the City by Palo Alto developer Charles “Chop” Keenan was delivered in federal court.

The judgment, and final settlement, forced the City to pay $18 million to Keenan via an even more expensive bond – leading to a reduction of City staff by nearly a third and will saddle the City with a heavy burden for a generation. The lawsuit began in response to actions of councils past when the council was not controlled by the old guard but it was an old guard dominated council that catastrophically failed to resolve the lawsuit in a way that was even remotely favorable to the City – but that is a much longer story.

Incumbent Naomi Patridge is more or less the political matriarch of the “old guard” but she may be held to account for the huge debt her City must now carry, whether or not she was at fault.

On the Old Guard ticket is also local businessmen Rick Kowalczyk and George Muteff. Kowalczyk, a local volunteer with the local schools, enjoys the endorsements of four of the incumbent councilmembers and several members of the school board Muteff, a local financial consultant, ran in 2005 finishing well out of the money but has remained a frequent critic and observer of the council. More recently Muteff is known for having shot his neighbor’s 11-month old Boston Terrier puppy that was unlucky enough to have wandered onto Muteff’s property and was allegedly harassing his livestock, specifically sheep.

Muteff, according to the District Attorney’s office, lawfully killed the pup - named Oreo - but the peculiar nature of the killing – a small Boston Terrier puppy supposedly posing a threat to larger livestock – won Muteff few points among animal lovers.

The Other Side

On the flip side, another council veteran is attempting a return. Three-term councilmember Deborah Ruddock is running for a seat on the council after an eight-year hiatus.

While Ruddock is not supported by the majority of the current council she is mounting an impressive campaign with endorsements from the County’s Central Labor Council, The Democratic Party, Sierra Club, Assemblyman Jerry Hill and Senator Leland Yee. Despite the strong support, Ruddock will be painted locally as part of the former council majority that set the stage for the Beachwood lawsuit. But blame will be more difficult to assign as a matter of historical reference.

Following Ruddock with the same set of endorsements is Parks & Recreation Commissioner and retired teacher Sofia Freer. Freer is running for her first term but is a veteran of coastal political battles as a member of the environmentally progressive League for Coastside Protection (LCP), as is Ruddock.

Relative newcomer is local business owner and green energy consultant Dan Handler. Handler largely enjoys most of the endorsements shared by Ruddock and Freer with the exception of labor and the major legislative endorsements. But Handler’s lack of definitive connection to either camp may be an asset as work-a-day Half Moon Bay residents may be growing weary of the constant divide.

The Outliers

Beyond the six candidates who more or less fit nicely into one camp or the other, there are two additional political newcomers.

Allan Alifano, another local business owner has thrown his hat in the ring. Alifano leans more toward the old guard slate but does not enjoy its full support this round.

Finally, newcomer and recent Midwest transplant Charles Hoelzel. The twenty-something conservative lives with his mother and works at the local Bank of America. Hoelzel is an unknown, has no support and has raised next to nothing in terms of campaign funds, particularly when compared to veterans such as Patridge and Ruddock.

Prediction

Ruddock and Freer get a hard fought electoral victory leaving Patridge to fight it out with Handler. If Handler wins – which would be against the odds – it would fundamentally change the character of the council and put the “old guard” on the outs. While Patridge remains formidable, the Beachwood debacle may yet be this council’s Waterloo.

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Authors Note:

Due to the interest in the above column, here is my source, a May 2, 2007 Oakland Tribune article regarding the George Muteff dog slaying incident that occurred in Half Moon Bay.

From the InsideBayArea.com of May 2, 2007Passions stir over dog shooting on coast
Officials say property owner had right to protect farm animals

A homegrown controversy over the shooting of a dog on a man's property in defense of his farm animals last month has escalated into an ugly bout of name-calling, hurt feelings and even death threats.

Residents are divided over whether local resident George Muteff, a financial consultant who keeps horses, ewes and lambs in his fenced-in backyard, was justified in shooting to death a neighbor's Boston terrier that he says broke into his field and attacked his animals on April 4.

Regardless of anyone's moral judgments about the event, the fact is that Muteff acted legally, say officials.

"He had every right to shoot the dog. It's tragic and awful, but everyone who owns livestock is entitled to do what he did," said Scott Delucchi, spokesman for the Peninsula Humane Society.

San Mateo County Deputy District Attorney Morris Maya agreed, citing a section of the state Food and Agriculture Code that gives people the right to protect their livestock from dogs. The exemption applies regardless of how a property owner's land is zoned or whether it is located in a busy residential area, said Maya. The District Attorney's Office declined to prosecute the case after the Half Moon Bay Police Department referred it for review.

That finding has not stopped dozens of locals from posting strongly-worded comments on two Coastside online message boards, ranging from blaming Muteff for what some call animal abuse to reproaches directed at the dog's owners for letting the animal roam free. The issue also has raised concerns about the safety of using a gun so close to other homes in a residential neighborhood.

Muteff's property lies next to Ocean Colony, an upscale subdivision west of Highway 1 that borders on a golf course near the Ritz-Carlton Hotel. Muteff's back field faces a walking path also used by golf carts.

Several Ocean Colony residents were expected to make their voices heard at a Half Moon Bay City Council meeting on Tuesday night. Allen Alifano, president of the board of directors of the Ocean Colony homeowner's association, sent a letter to Mayor Naomi Patridge on April 19 expressing "concern, alarm and uneasiness" about the shooting.

"The shot could have missed its mark and seriously injured or caused a human fatality," wrote Alifano.

Muteff, who mounted an unsuccessful bid for Half Moon Bay City Council in 2006, said he and his wife have been living a "nightmare" since he shot the 11-pound dog, which squeezed under the fence that pens the sheep and ewes in Muteff's backyard and started barking and snapping at the animals' legs, with a .22 caliber handgun. A second dog that had escaped from the same home stood barking outside the enclosure.

Muteff's wife tried throwing rocks and sticks at the terrier, but it cornered two ewes and wouldn't back off. One ewe tried to jump over the fence to escape and injured herself, claims Muteff.

"The dog was on her. He was biting her. He was attacking her," he said. "Sheep were scattered all over the field. They were panicked, with their tongues hanging out."