Government Code Section 8314: It is unlawful for any elected state or local officer, including any state or local appointee, employee, or consultant, to use or permit others to use public resources for a campaign activity

29 Jun

Happy Saturday there atcha. But remember, evil never sleeps, and that means The Government. 

I got a response from Ann Willmann saying my letter to the Chico Area Recreation District Board would be in next month’s agenda – that meeting is scheduled for July 18 at 6pm. 

In the meantime, I’ve done more reading into the illegal use of not only taxpayer money, but any resources, including telephones, computers, office space, etc. How could I have forgotten, my good friend Stephanie Taber, who got in trouble for using then county supervisor Larry Wahl’s office computer for correspondence regarding the ill-fated Measure A? 

From Dan Walters: Government Code Section 8314 is unambiguous, declaring, “It is unlawful for any elected state or local officer, including any state or local appointee, employee, or consultant, to use or permit others to use public resources for a campaign activity, or personal or other purposes which are not authorized by law.”

Note that word, “consultant”.

I know, Dan’s a journalist, not a lawyer, so I looked up Code Section 8314

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=8314.

Straight from the horse’s mouth – (a) It is unlawful for any elected state or local officer, including any state or local appointee, employee, or consultant, to use or permit others to use public resources for a campaign activity, or personal or other purposes which are not authorized by law.

From Section (b) – (3) “Public resources” means any property or asset owned by the state or any local agency, including, but not limited to, land, buildings, facilities, funds, equipment, supplies, telephones, computers, vehicles, travel, and state-compensated time

Wow, look at that – (c) (1) Any person who intentionally or negligently violates this section is liable for a civil penalty not to exceed one thousand dollars ($1,000) for each day on which a violation occurs, plus three times the value of the unlawful use of public resources. The penalty shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney

So how does CARD get away with using staffers and all their “resources” to float a parcel tax? Because you people are letting them do it.

Seen the CARD website lately? “See how your neighbors benefit from CARD!”

https://www.chicorec.com/

I asked Willmann how much these videos cost but she has not got back to me yet.

In this Los Angeles Times story from 2008, the author describes the use of everything from hats and t-shirts to professionally made videos used by various public agencies to promote their tax measures.

http://www.caclean.org/problem/latimes_2008-10-25.php

“In the run-up to this year’s election, the city of Lynwood posted a five-minute video on its website discussing Measure II, a proposal to retain a local utility users tax.”

“Lynwood’s website contains a five-minute video of Mayor Maria Santillan discussing Measure II, which would lower the utility tax rate from 10% to 9%. Meanwhile, Pico Rivera’s website features five taxpayer-funded mailers on Measure P, the proposed 1-cent sales tax hike.”

Unfortunately the FPPC does not have power to prosecute for illegal use of taxpayer resources. But, the FPPC does require that any money spent on any kind of political campaign be reported on campaign expenditure reports. They’ve prosecuted other agencies for failure to do so. The important point here is, if they don’t report, the FPPC can fine them, and if they do report, that’s evidence that they illegally spent money on a political campaign. 

This issue is muddled, the worst part being, we are depending on public agencies who benefit from tax increases to uphold the laws other public agencies are breaking. We have to tell people like Mike Ramsey and Xavier Becerra that we want this practice to stop. It’s not just our town, and we’re not the first people to figure out what’s going on. 

“But although such practices can provide a winning formula on election day, they can also produce a political backlash.

Three years ago, the Ventura County district attorney produced a 38-page report on efforts by the Ventura County Transportation Commission to pass the half-cent sales tax known as Measure B. Although the report concluded that no criminal prosecutions were necessary, it described the agency’s use of public funds — including $273,000 for postcards and voter opinion polls — as improper.

Earlier this year, the state’s Fair Political Practices Commission warned that many government agencies are “pushing the limits with public outreach programs clearly biased or slanted in their presentation of facts relating to a ballot measure.” The FPPC is weighing a new rule that would define any public money used to communicate about a ballot measure as a political expenditure, unless it provides a fair and impartial presentation of facts.

Taxpayer advocates have lodged their own protests, saying public dollars are being used improperly to effectively secure more taxpayer dollars. “The brochures are so decidedly one-sided that they cannot be judged as objective,” said Jon Coupal, president of the Howard Jarvis Taxpayers Assn.”

Today the FPPC is pressing the legislature for the power to prosecute in these cases. Contact Jim Nielsen and James Gallagher and let them know, you want prosecution for these agencies. 

https://nielsen.cssrc.us/

https://ad03.asmrc.org/

4 Responses to “Government Code Section 8314: It is unlawful for any elected state or local officer, including any state or local appointee, employee, or consultant, to use or permit others to use public resources for a campaign activity”

  1. Jim June 29, 2019 at 7:39 am #

    Perhaps the Butte County Grand Jury? Or the State Attorney General?

    • Juanita Sumner June 29, 2019 at 10:31 am #

      Hi Jim, thanks for the suggestion.

      Unfortunately, Ramsey runs the GJ. They make recommendations, like fix the women’s jail, but he never acts. They said it was okay for the school district to run a bond promising a new high school, then change their minds after passage and dump the money in their general fund. Our GJ is a joke, unfortunately.

      But, if Ramsey won’t act on this, I’d be willing to send a letter to the state AG.

      For now, I hope you will join me in notifying the CARD board – maybe we can stop this thing before it turns into an expensive mess!

  2. bob June 29, 2019 at 12:10 pm #

    Article by Binninger. Looks like the judge in the Yuba County sales tax increase is going to rule for it but that will be appealed.

    https://www.nohostagesradio.com/podcast/deep-state-corruption

    • Juanita Sumner June 29, 2019 at 12:47 pm #

      Thanks Bob I was just wondering about that. I will try to keep an eye out for news of the appeal.

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