The California Fair Political Practices Commission rejected a complaint last week filed by local lawyer Joel Koury against City Council “Change” slate candidates Oscar de la Torre, Christine Parra, Phil Brock, and Mario Fonda-Bonardi.
Koury’s complaint claimed articles in the Santa Monica Mirror consistently endorsed the slate candidates and amounted to unreported free advertising in excess of the $340 Santa Monica enacted limit for direct contributions, but officials said there was insufficient evidence proving any rules were broken.
“The Commission has previously advised that when a column is election-related activity, which means it contains express advocacy, refers to the candidate’s candidacy or qualifications, refers to the qualifications of the candidate’s opponent, or solicits contribution, the free publishing of the column would be considered a reportable contribution to the candidate. (Parisi Advice Letter, No. A-98-269.) The Enforcement Division found insufficient evidence that the columns met this standard in order to be considered a reportable contribution,” said Gelena West, Chief Enforcement Decision of the FPPC.
Koury alleged in the complaint that the SMa.r.t. opinion column in the Santa Monica Mirror continually promotes these four candidates while disparaging their competitors. Slate members de la Torre and Brock denied the legitimacy of the complaint, labeling it a smear tactic and in conflict with the Mirror’s First Amendment rights.
“The FPPC decided rightfully, and as we predicted, that there was no merit to the accusation and dismissed it,” said Fonda-Bonardi.
“It is no surprise the claim was rejected. The SMa.r.t. Column does not represent the Mirror and we do not pay its authors. It is an opinion column and anybody is free to submit such a column for publication. While various SMa.r.t. columns have expressed support for candidates there is nothing wrong with this. Their endorsements were their opinion and we will publish anybody’s opinion as long as it is based in fact and pertaining to the scope of our coverage,” said a spokesperson for the Santa Monica Mirror.
Koury was not satisfied with the response of the FPPC and believes that the review process was not thorough enough.
“The FPPC lacks the staff to review all of their complaints. In their response, they noted that it is illegal for a writer to ‘endorse candidates’ or ‘denigrate the opposition’ in their regular column. Obviously, they have not read any of Mr. Brock’s columns because if they did they would see that is done in almost every column,” said Koury. “A supplement to the complaint will easily prove that. Unfortunately, the FPPC will not be able to review the evidence until after the election.”
The other three FPPC complaints filed against candidates in this election cycle are still open and pending judgment. These include two complaints filed by Mary Marlow against City Council incumbents Ana Jara and Terry O’Day for failing to submit their Form 700 elected official statement disclosing their financial interests, which was due on June 1. Both candidates have since filed Form 700s. The final pending complaint was filed by Jason Islas against Phil Brock for failing to disclose any financial interests in his Form 700.
Clara@smdp.com
