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WPCNR CAMPAIGN 2006. From The White Plains Republican Committee. November 6, 2006: The Chair of the City Republican Committee defended his “Hopelessly Conflicted” political mailing assailing Cass Cibelli’s opponent Dennis Power as “Hopelessly Conflicted,” which the Westchester County Fair Campaign Practices Committee has found in a news release to contain as “Unfair Election Practice.” Brian Maloney charges the Westchester County Fair Campaign Practices Committee waived its own rule not to release findings within 7 days of an election, and in a release to the news media, defends the challenged advertising copy as true. Mr. Maloney’s release to the media:
As you will note, on the approved pieces, the sender was clearly identified. However, I will concede (because I myself saw one) that the head on mailer 2, while clearly identifying my correct address, did not have my name or the committee’s. What is laughable about the paranoia of the Power’s camp and their complaint (the complaint being that it was some kind of mystery where the mailer came from) is the fact that to date, I have been extremely outspoken on Dennis’s conflicts, and in fact welcome identification with the issue.
The reality is that for reasons that I believe were purely software related (and unknown to me until literally today), the top line dropped off the mailer. As you will note, the version of adobe that I used for the mailers was version 5. Adobe is already up to version 8; I strongly believe that the differing versions (version 5 is based on windows 95 and is no longer supported by Adobe or Microsoft) caused the line to be inadvertently dropped.
And again, I welcome identification with the pieces; so as far as I am concerned, Power’s “complaint” is much ado about nothing, and in fact, I’ll be happy to send out an identical piece with my name in BIG letters to as many folks out there in White Plains who did not realize I sent it, if that will make Dennis feel better. No problem.
Second, what immediately follows are the rules of the self appointed “campaign practices committee.” As you will note, on one hand, they allege that complaints are not heard within 7 days of an election. I would suggest that it is curious how they decided to forgo their own rules to hear Dennis’s meritless complaints.
On the topic of the piece which I assume has rendered Dennis so flustered that he is unable to articulate what is wrong with it, piece two, I have the following comments:
The OSC is actively investigating Dennis: for him to state or suggest otherwise is a pure and complete fabrication.
The Comptroller’s Office is also investigating him and his voting on matters in which he has a conflict. Attached is the complaint, with, as we discussed, recent opinions in which the Comptroller has clearly directed local officials not to vote on matters before a local governmental board wherein there was a conflict; cases which are analogous to this matter. The Comptroller’s investigations web site is: http://www.osc.state.ny.us/investigations/index.htm
As late as last Friday, the comptroller confirmed their investigation. The number there is: (518) 474-4331 the contact there is: Robert T. Brackman, Deputy Comptroller for Investigations. I’ll waive all confidentiality.
And if Dennis attempts to say there is no investigation or suggests such to anyone, his duplicitous nature is clearly revealed.
Now to the subject matter of the mailer:
Dennis Power is being investigated by Federal Authorities for possible violation of campaign laws; True.
Power’s nearly six figure salary is literally funded by powerful developers whose projects cannot get approved in White Plains unless the Common Council agrees; True (Power’s admitted as much in the Indelicato Memo (or was he lying there?)
Power refuses to stop influencing Common Council Members and voting on projects which would fund his salary and, based upon such conduct, he is now subject to a State Ethics investigation; Again true.
Power supports his County Bosses’ directives to house dangerous sex predators in downtown White Plains; True again: Tonight he voted to table the City resolution, and he has repeatedly supported the Spano Directive in numerous forums.
Dennis Power refuses to allow the City of White Plains to build a senior housing complex which would give preferences to White Plains Seniors; True again: Dennis has and continues to back the county in its refusal to turn over property in White Plains for affordable housing for seniors and since the city cannot afford to purchase property in the core, unless the coachman is turned over (which the county has clearly stated will not happen and Dennis also supports) there may not be a true WP’s project built in the foreseeable future in the core;
Power supports locating County homeless shelters in White Plains; Again, true (again, tonight’s vote and his past open and clear comments)
And
Because Power’s job and salary is entirely beholden to County Bosses, White Plains Residents should be deeply concerned about Dennis Power: A MAN WHO IS HOPELESSLY CONFLICTED.
True again. As I said, if the Mayor had a night job working for a developer who had a project in White Plains, and he attempted to vote on approval of his employer’s project, a screaming band lead by the usual suspects in the Common Council and the White Plains Democratic party would try to hang the man in front of City Hall; however, because it is one of their own, suddenly the Common Council can see no evil, hear no evil and have become suddenly dumb (in more than one sense of the word).
The conduct of Mr. Power and his band of cohorts is adverse to everything good government is meant to stand for and the residents of White Plains are ill served by their clearly compromised representatives. Whatever the outcome tomorrow, election day, I can promise that at least the Republican Party here in White Plains will never surrender its core belief in the simple proposition that good government demands representatives who shall never be seduced by their own self interests. Public service is not meant for private enrichment, as Mr. Power seems to have never learned.
Regards,
Brian G. Maloney
From the WCFCPC guideline:
4. The complaint must be filed with the Westchester County Fair Campaign Practices Committee by 1 p.m. Monday, according to instructions found on the Filing Procedures Form, in order to be considered for the following week’s agenda. As indicated on the Filing Procedures Form, the complaint, including all supporting documentation, must simultaneously be sent to the party complained against by e-mail or fax and also by certified mail with a return receipt or hand delivered with proof of delivery.
Complaints filed within seven days preceding Election Day must be hand delivered (personally or through any delivery agency) or faxed to both the Westchester County Fair Campaign Practices Committee and the party complained against, with verification of receipt. Complaints must be filed before 10 a.m. on the Monday before Election Day. Candidates may also file post-election complaints by 9:00 PM on the seventh day after the election. (See “Hearings” below.)
5. The Committee will notify both the complainant and the party complained against that it has received the complaint.
6. The Westchester County Fair Campaign Practices Committee will review every complaint to determine whether a hearing is warranted or any action should be taken. The Committee may choose not to have a hearing if it determines that a hearing is not necessary or appropriate.
7. The Committee will notify the candidate who filed the complaint and the person or group against whom the complaint was made as to whether a hearing will be scheduled. The Committee will also notify both principals if no action will be taken.
8. Press releases concerning the filing of a complaint may come only from the Committee. If notice of the filing of a complaint is made public by any other source, the Committee will consider the action an unfair campaign practice.
9. Questions regarding these procedures should be directed to the Coordinator, Joy Rosenzweig, (E-mail: rosejo6@yahoo.com, Phone: 914-666-2837, Fax: 666-2837, call first) or to the League office at 949-0507 (fax 997-9354) who will refer questions to the appropriate Committee member.