Mayor's complaint dismissed by D.A.

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A few weeks ago, we reported that the mayor had filed a formal complaint with the District Attorney's office, which said his opponents on Measure P (a one percent sales tax hike) were bending the rules when it came to campaigning against the tax.

Here's the latest on that story:

PICO RIVERA -- Staff in the District Attorney's office say they are not investigating a complaint by Mayor Ron Beilke that opponents of a tax hike violated campaign law.
Beilke filed a compliant Sept. 30 with the Fair Political Practices Commission and the District Attorney's office against Councilman David Armenta and two residents who oppose Measure P, which would raise sales tax by one percent in the city if passed on Election Day.
Beilke said a flier distributed by opponents of the measure did not have a mailing address posted on it and therefore violated law. Beilke said he also saw an advertisement in a weekly PennySaver and fliers stuffed in mailboxes.
"Their willfull failure to follow the required procedures in the law regarding distribution of political materials is against the law and we believe this should be prosecuted," Beilke said in his complaint.
Deputy District Attorney said his department will not take the case because they only prosecute in situations where the mailers were "hit pieces," or when the mail attempts to defraud voters.
"We are not going to take that case," Demerjian said. "I referred him to the Fair Political Practice Commission."
In his letter to District Attorney Steve Cooley, Beilke said Rose Rosales, Virginia Aguirre and Armenta distributed the fliers. Beilke chairs the Protect Vital City Services -- Yes on P Committee.
According to Demerjian, the law about illegal mailers only applies if information was actually mailed -- anonymous fliers handed out would not violate the law.
If charged under the Political Reform Act, the three could have faced up to $10,000 in fines and up to six months in jail.
Beilke said he saw Rosales distributing fliers at a Neighborhood Watch meeting, but that he had not seen Aguirre or Armenta distributing information.
Beilke said he was offended when Rosales interrupted him at the September Neighborhood Watch meeting for Norco Street. He and other council members had come to the meeting to talk about Measure P and support it. According to Beilke, Rosales interrupted him and spoke against Measure P.
He said he believed it was wrong for a resident to "demand the floor" at a Neighborhood Watch meeting.
Beilke plans to pursue action through the FPPC, but said he is not surprised that the district attorney will not prosecute.
"Honestly, this is small," Beilke said. "I can see that this is an issue that they're not placing great importance on, and that's alright, that's fine."
Armenta would not give his reaction to the news that he would not be investigated by the district attorney's office.
"I have nothing to say," Armenta said. "It's just sad that the mayor has put out all these politics. Pico Rivera deserves better."
Rosales was not immediately available for comment.
Aguirre said she's not surprised that she won't be charged by Cooley's office, and she had not worried about the complaint.
She said she has not been actively distributing fliers, but she supports the effort to do so and tells her friends and neighbors that she disagrees with Measure P.
"In the first place, it wasn't even true," Aguirre said. "That was fabricated to make us look bad. There was nothing there."

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An inside look at Whittier and surrounding cities from the staff of the Whittier Daily News.

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This page contains a single entry by Airan Scruby published on October 27, 2008 1:28 PM.

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