Extra

New Complaint Filed about Yes on T Campaign in Berkeley

By Zelda Bronstein
Wednesday October 24, 2012 - 11:41:00 AM

On Tuesday, October 23, I amended my October 17 complaint to the City of Berkeley Fair Campaign Practices Commission about the Yes on T campaign to include a new complaint, this one dealing with the campaign’s violation of City law about mass mailings. 

Section R2.12.325.2 of the Berkeley Municipal Code, "Filing of Mass Mailings-Method of Filings," states: "Three copies of all mailings as defined in BMC Section 2.12.150 shall be filed with the City Clerk's Office no later than one day of the date the mass mailing was first placed in the U.S. mail.

On October 23 the Coalition for a Sustainable West Berkeley for Measure T filed two mass mailings with the City Clerk's Office that were placed in the U.S. mail on October 8 and October 9, respectively—in other words, two weeks ago. 

As recorded in the City Clerk's binder for October 23 for Coalition for a Sustainable West Berkeley for Measure "T": 

  • Coalition for a Sustainable West Berkeley,8 1/2 x 11 Flyer: "What's stopping economic growth …”; [mailed] 10/8/2012
  • Coalition for a Sustainable West Berkeley,8 1/2 x 11 Flyer: "Working Together"; [mailed] 10/9/2012
In addition to my initial complaints about the Yes on T campaign’s fraudulent/illegal endorsements, I asked that the FCPC also take action on the campaign's failure to file these two mass mailings with the City Clerk's office in the timely manner required by the Berkeley Municipal Code. 

What I did not note in my amended complaint but plan to bring up at the FCPC meeting tomorrow evening is that another mass mailing reported and filed yesterday indicates that the Coalition for a Sustainable West Berkeley brazenly sent out the “Working Together” mailer four days after it had acknowledged that the mailer carried a fraudulent endorsement purported to be from SEIU Local 1021, which has actually endorsed “No on T” . 

As recorded in the City Clerk’s binder for October 23: 

  • Coalition for a Sustainable West Berkeley, 8 1/2 x 11 Mailer: "Working Together Yes on Measure T", [mailed] 10/22/2012.
Indeed, one of the “Working Together” mailers sent out on October 22 showed up in my mailbox yesterday. 

The FCPC meets on Thursday evening at 7 pm at the North Berkeley Senior Center, Classroom C. My complaints about the Yes on T campaign are the first item on the regular agenda .