Campaign Practices Committee Ruling

Here is the ruling from the committee on the Walsh Team ads. Note, the committee has no authority to bar use of further ads, and is simply advisory. It does not carry any punitive authorities either, the decisions are simply to encourage fair play, as the committee state.

Here it is:

The Westchester County Fair Campaign Practices Committee met on October 25, 2011 to hear the complaints of Stephen Malifitano on behalf of the Ron Belmont Team v. Joan Walsh and/or the Joan Walsh Team. Mr. Malifitano and Ms. Walsh represented themselves.

COMPLAINT #1:

A palm card handout for Joan Walsh states that she is “ending the Malfitano spending spree,” and that she is protecting the taxpayers “by paying down the Malfitano Debt.”

FINDING: UNFAIR

As Mayor from 2002-2007, Mr. Malfitano was one of five votes on spending issues during that time; it was not “his” spending or “his debt.”

The committee also noted that Patrick Vetere, a candidate on the Walsh Team, was a member of the Town Board all the time that Mr. Malfiano was Mayor, and regularly voted in favor of the expenditures, bonds, and budget.

COMPLAINT #2:

A palm card handout of Patrick Vetere states that “Pat has been standing up for taxpayers on the Town Board, voting against Steve Malfitano’s irresponsible gimmicks”---

FINDING: UNFAIR

The Committee said that the word “gimmick” is unspecific and pejorative. The word “irresponsible” is not explained. Nor, as noted above, did Mr. Vetere regularly vote differently from Mr. Malfitano.

COMPLAINT #3.

This complaint had many parts, all related to a print ad in the “Harrison Report” dated Oct. 12, 2011.The Committee considered them separately, but had the same conclusion about many statements.

FINDINGS:

a) The statement that “The Malfitano Debt Put Harrison’s Future at Risk” is UNFAIR. This was similar to Complaint #1, in making the town’s debt one person’s responsibility.

b) The statement that “The NYS Comptroller’s Audit Slammed Malfitano’s Administration” is UNFAIR. The report does not specifically mention Mr. Malfitano’s Administration. In fact, the audit covers 2002 to 2009, which includes time in which Ms. Walsh was Mayor.

c) The NY State Comptroller’s Audit said “The Board and Town officials presented unrealistic and structurally imbalanced budgets to the town’s taxpayers”

and “The Town has repeatedly relied on one-time revenues from the sale of properties to finance recurring expenses.” This is FAIR .These are quotes from the report.

d) It also quoted “When budget revenues fell short, the Town was forced to use fund balances to fund operations” FAIR. While it also applied to Ms. Walsh’s mayoralty, it was valid and applicable to Mr. Malfitano’s terms as Mayor.

e) Another quote, allegedly taken from page 7 of the Audit, saying “As a result, the Town’s finances have deteriorated significantly” is UNFAIR. The committee could not find this statement in the audit.

The Committee noted that much of the contested language came from an audit which covered a timeline of eight years, spanning years of both administrations., During those eight years, Mr. Vetere, of the Walsh team, was serving with Mr. Malfitano.,

COMPLAINTS #4 and #5

Palm Cards for candidate Howard Hollander and for candidate Frank Corvino imply that they are incumbents, as each has the position for which he is running at the top, as though to identify them. Nowhere does it say “For” or “Candidate For” or “Elect”.

FINDING: UNFAIR

These are misleading, with the clear implication of an untruth: that they are incumbents.

If a candidate or campaign wishes to quote from a Finding, the Committee requires that it be quoted in its entirety. The Committee regards selective quotation of its Findings as a violation of fair campaign practices.

Committee Members: Evelyn M. Stock (Chair), Miriam Cohen (Coordinator), Dennis Chillemi. Dan Franklin, Victor Goldberg, LaRuth Gray, Susan Pace Guma, Robert Kirkwood, Milton Hoffman, Lee Kinnally, Polly M. Kuhn, Ernest Prince, Susan Schwarz, Lorelei A. Vargas.

Ex officio: Representatives of the Republican Party, Democratic Party, Independence Party, Conservative Party, Working Families Party.

The purpose of the Westchester County Fair Campaign Practices Committee is to promote a climate in which candidates conduct honest and fair campaigns. The Committee encourages candidates to conduct campaigns openly and fairly, to discuss issues, to refrain from dishonest and defamatory attacks, and not to use campaign materials that distort the facts.

The Committee does not sit as a censor of political discussion nor as a body to enforce election law or make legal decisions. Its task is to accept written complaints about alleged unfair campaign practices and to determine whether the action complained about is indeed unfair. Among other things, the Committee will consider to be unfair any campaign practice that is a misstatement of a material fact or that misleads the public.

The Committee has no power to compel anyone to stop doing what it has found it be unfair. If the Committee acts on a complaint, it will release its findings to inform the public. The Committee may choose not to consider a complaint; in that case, a hearing is not held and the parties to the complaint are so notified.