
As the Vanguard reported on Sunday and again on Tuesday, Mayor Ruth Asmundson and Retired UC Davis Law Professor Marty West filed a form 410 and created an Independent Expenditure Committee entitled, “Committee to Support Sydney Vergis for City Council 2010.” We have argued that the group is in violation of the “behest of” clause in FPPC regulations that prohibits independent expenditure committees that are “made under the control or at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion of, or with the express, prior consent of.”
On Tuesday, the Vanguard learned that contrary to the information provided by City Clerk Zoe Mirabile, that the city is the appropriate venue to file a complaint against a violation of City Municipal Code section 12.01.055(c) which stipulates in the event that an independent expenditure committee spends more than $250 that they are required to notify “the city clerk and all candidates running for the same seat within twenty-four hours by facsimile transmission, overnight delivery, or personal delivery each time this two hundred fifty dollar threshold is met. This notice shall include a copy of any mailing or advertisement produced, if applicable.” As such, the complaint will be filed this morning.