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HomeMy WebLinkAboutMINUTES - 10251994 - S.3 TO: BOARD OF SUPERVISORS FROM: Supervisor Tom Torlakson Contra Costa DATE.' October 25, 1994 (SUPPLEMENTAL AGENDA) County SUBJECT: REQUEST FOR REPORT ON ELECTION VIOLATIONS AND POTENTIAL COMPLAINT TO FAIR POLITICAL PRACTICES COMMISSION SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: Refer to County Counsel and the County Elections Officer for a report to the Board on November 1, 1994, regarding the issue of election violations regarding East County campaigns and the potential ,complaints to the Fair Political Practices Commission. BACKGROUND INFORMATION: Citizens have been complaining about misleading, fradulent tactics of the Committee to Recall Tom Torlakson. They have asked for an investigation into the activities of the committee responsible for these activities. Please reference attached affidavits and newspaper article regarding these citizen complaints. CONTINUED ON ATTACHMENT: -YES SIGNATURE: -RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE - -APPROVE -OTHER SIGNATURE(II: ACTION OF BOARD ON , APPROVED AS RECOMMENDED OTHER REFERRED to C6unty Elections Officer and District Attorney for report on November 1, 1994, the issue of election violations regarding East County campaigns and the Potential Complaint to the Fair Political Practice Commission. VOTE OF SUPERVISORS -UNANIMOUS(ASSEp I HEREBY CERTIFY THAT THIS 18 A TRUE AYES: AND NOES: CORRECT Copy OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD ASSENT: ABSTAIN: cc: Elections Officer OF SUPERVISORS ON THE DATE SHOWN. District Attorney ATTESTED aIJ, County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY AMI)NISTRATOR By DEPUT AUG-.11-1994 11:05 CCC ELECTION DEPT 256K 510 646 1385 . P.01 '- l\OH OF04 9 � r� �G REGISTER w - CONTRA COSTA COUNTY STEPHEN L.WEIR COUNTY CLERK o .....r. REGISTRATION-ELECTION DEPARTMENT tr a VOTE \> ROBERT J.DELEVA71 MARTINEZ,CALIFORNIA 94553-0027 9q Cos G� ASSISTANT COUNTY REGISTRAR August 11, 1994 P.O.Box 271 (510)646-4166 Committee to Recall Tom Torlakson 500 Railroad Avenue Pittsburg, CA 94565 Dear Committee Chairman: This letter is to inform you there are certain procedures that must be followed when running a Recall Drive. Enclosed please find a Information Manual, Form 410 & Form 419. The Form 410 must be filed when you have received or spent $1, 000. 00. The original and copy are to be forwarded to the Secretary of State with a copy to this office. This requires filing within 10 days of passing this $1, 000. 00 threshold. Your campaign report is due twenty one days after you file the Petition or twenty one days after the deadline for filing the Petition. Very truly yours, STEPHEN L. WEIR, County Clerk . By o . elevati ty Registrar RJD:vh Enclosure TOTAL P.01 Mo• �. o snc t» o+w nr+o 0+ 4 71U � soon @ @ o CR y W,, co rdt:,zrE.� ogOw o * O@n O t "C@ - n" ■ t� u7.aw*� WO � OGRID �� � CyG —'pw@W*� torvtrop � in n 0-0 g a•w' `c 1C �'•t a•Cs y cr'Oo Y •N rn1 `C H aro o@ @`o b4 was m'o� tn@ w mar; r~ o m @ w @ @ w ©o � ° -w U, t' imoo�' o � oron � 4 _ro wo �� CS�cra w o m ro t *t @ C1 �+O r•r j O Cn (aD v �*�C @ fin A goo ¢ n � rr o m � o �b.ss x W, G to �� �.I'D w ',D-� 'o O o .�t,:r o-*,o two wr:--��.o c - `° ..C, �„�°r*' �. •o�-n cA �•O Pt N r•G O n ;r U, @p * occ (D ID �• �.c w. @@ o n o�.`c c� 5 w o w cr O O N < @ (D n r-* 0 r*•o t�'�� f 0 w � 3 r* n tf�=•o ^wH {* o @ � KF7w @@ern@o'roca v + ro O ry00 zr G ro0 �'C v m w 0-�n3 O a G a b Gs m O cn O 7 m wb @ �•.,0 (D c o �dQ row � o ~ �° o �.�2y o �= ID 'w c o �� w `v ■'■ 11Z3-� m@ �0@ror cnmQw � w � rov Ob f, c nww t1;@ •'� d O w v '^+• n -v,' v `Y in O O per..•p � r ssu Cr- @ � 5 + O0 cucr. @rn� �.o �" +.� v" ro �•* @ �t ems-* @ ,C @ F-•�,C• w rn ^ �'wn" c`Yc "�w w 4 0 zr coo.r. t° m ^ "' c oma@ �..o@ via w 'o QQ `", oo ow moo , -, .+ row a� @ we � ow n °= On September 24 , 1994 as I was leaving Target on Century Blvd. in Pittsurg, a man approached me to sign a petition to reopen the hospital. I started reading the petition and the first sentence said that it was a petition to recall Tom Torlakson. I told the man that I did not want to sign this form to recall Torlakson and asked where was the form for the hospital. The man replied it was the same form. I said then, "I do not want to sign" and gave him the form back and left. Signed Graciela M. Torres Date 55 Hawthorne Lane Pittsburg, CA 94565 432-3681 September 21, 1994 Supervisor Tom Torlakson Contra Costa County District 5 300 East Leyland Avenue #100 Pittsburg, CA 94565 Dear Supervisor Torlakson, I have always believed very strongly that every citizen has an obligation to respect and protect the integrity of the election process; that regardless of one's position or election result , with an honest process all Americans win. It is in this spirit that I am writing you this letter. On or about August 21, 1994, late in the morning, 1 was entering the Raley's store on Buchanan Road in Pittsburg when I noticed two women and one man at a folding card table with what appeared to me to be voter registration materials. Curious, 1 walked toward the table. As I approached a woman, appearing to be in her 60's, asked me if 1 was a registered voter and if 1 wanted to sign a petition to reopen Los Medanos Hospital. I responded in a very upbeat manner, " Yes, I am a registered voter and I never miss an election." I accepted custody of one of her petitions and upon reading it noticed it was not a petition to reopen the hospital , that it was instead a petition to recall you. I criticized the woman for misrepresenting herself to me and advised her that she should be ashamed of herself. I walked away. At approximately 2 p.m. on Sunday, September 11, a similar incident occurred as I was walking toward the entrance to the Pittsburg Sea Food Festival. A man who seemed a part of a group of three or four people asked me if I wanted to sign a petition to reopen the Los Medanos Hospital. I glanced at the paper he was now holding toward me. I advised him that I had been similarly approached before and that then, as now, I resented being lied to. I advised him that if what he was doing was not illegal it should be. He acted defensive and responded to me in what seemed an angry, aggressive voice. I did not want the situation to escalate so 1 walked away. Later that same day ( after 5 p. m. ) when leaving the Sea Food Festival, I saw a different group of people ( younger ) asking people who were passing them by to sign petitions. A male member of this group asked me if I wanted to sign a petition to reopen Los Medanos Hospital. I observed that same type of petition had previously been asked to sign. I immediately criticized this man for abusing the petition process and for lying to me and others. He denied that he was lying. His voice was raised, I assume to reassure those who may have heard me calling him a liar. I said back to him that " telling people you are petitioning to reopen a hospital when in fact you are petitioning to recall an official was a lie and an abuse of the petition process that should be against the law." This man responded back to me in a defensive and angry manner. He did not like my publicly calling attention to his lies. There were a number of people nearby when this occurred. He did not like me bringing attention to his misrepresentation if front of them. He also seemed a bit embarrassed. His complexion reddened. In both of the Seafood instances the petition brokers seemed very angry at my calling attention to their misrepresentations in front of other people. Misleading people to obtain a signature on a petition for any reason is wrong. When it is done so blatantly to obtain a political end it is shameful and a threat to the sanctity of our election process. I am hopeful you can do something about this. aD erely,� r •ny T. DeMiglio ahoe Place Pittsburg, CA 94565 510-427-7350 STATEMENT BY ALICE GREEN: On Saturday, August 20, at approximately 2: 30 p.m. in front of WalMart in Pittsburg, I was approached by a young man--blonde, blue eyes, nice-looking, about 5111" , slim. He asked me about signing a paper (did not call it a petition) . He asked if I would be interested in signing my name to the paper to get Los Medanos Hospital opened again. I said yes . I signed this long form with names on it. I signed my name, my address, etc. After signing this paper, he gave me some goodies; some papers to read (see attached) . I discovered that it was a recall petition pertaining to Supervisor Torlakson. I then told him that I do not sign recall petitions or anything for anyone. Whatever I do, I do at the polls . He gave me this great statement concerning Fannie Lawson, the President of NAACP. He said Fannie supported what they were doing because she was not happy with Torlakson's not listening to the voters or serving the voters . He said that Torlakson was the swing vote and he could have voted to keep the hospital open. He made reference to the discrimination suit and the county hospital . I told him those were two different subjects . So, to me he was giving me a snow job. When I realized that I was getting this snow job, he still had my signature. He tells me that Fannie's all for it. I told him I didn't care if she was for it. He didn't present the form as being a petition to recall Torlakson. The form appeared to be just a page of signatures and did not include a statement attesting to the credentials of the individual collecting the signature. After looking at a legitimate recall petition, I am certain that was not the form presented to me. �/,X` Dated: U lice G. Gr en 626 Chester Dri e Pittsburg, CA 94565 (510) 432-7468 LJ October 9, 1994 Gloria J. Bonner 994 Randy Way Brentwood, CA 94513 510-634-1434 Attn: Tom A. Torlakson, Supervisor, District 5 300 E. Leland Avenue, Suite 100 Pittsburg, CA 94565 Dear Supervisor Torlakson, Approximately two months ago while entering Safeway in Brentwood, I was approached by a man asking for my views about opening Los Medanos Hospital in Pittsburg. Upon showing my agreement he then asked if I would sign a petition to "open the hospital". I said sure I'd sign the petition but upon close examination, I saw the intent of the petition was a recall of Tom Torlakson. After seeing this I told him I did not appreciate the deceitful way he was tricking people into signing his petition. (I felt most people would be in a hurry and not even read the petition) I told him that what he was doing was wrong. He then tried to justify himself by stating that "Tom Torlakson did not want the hospital opened that he had voted against opening the hospital". I left him at the door and entered the store, when I left the store he was gone. It's my gut feeling that if you were to follow-up and poll the people that signed the petition, you would find a number of people who have been deceived. If I had not had the experience of sitting on the board of our condominium I would have more that likely been one of them too. If I could be of help to you in this matter please contact me at the above address. Sincerely, Gloria Bonner September 15 , 1994 To Whom It May Concern: On August 28th at approximately 9: 30AM, my wife, Marie, and I were approaching the front entrance of Wallmart Store in Pittsburg. I noticed several people with petitions asking the people in front of the store and in the parking lot to sign a petition to keep Los Medanos Hospital Open. A woman in her mid thirties approached my wife and I and said "Would you like to sign this petition to keep Los Medanos Hospital Open" . My wife took the petition and signed it. The Woman then handed me the petition and asked me to sign it. I said what' s this for? She again stated to keep Los Medanos Hospital open. As I was signing the petition, my wife noticed a badge on this woman 's shirt that said RE-CALL Torlakson. My wife asked her if this was a petition to recall Torklakson and she said yes; however, it was also to keep the hospital open. I then took the petition back from her and crossed out both our names and told her that Tom was a personal friend of ours, and we wanted nothing to do with the RECALL. We came out of WallMart at approximately 10: @OAM, and I paused in front of the store and observed four to five people following customers in and out of the store all the way into the parking lot. They were saying "Would you like to sign this petition to keep Los Medanos Hospital Open. We stood there for approximately 10 minutes, and I did not hear any of the petitioners mention Tom Torlakson or RECALL. I called Tom Torlakson' s office on August 29th and reported the incident to Tom's Secretary,, Cathy. Sincerely yours, Dick Mello Marie Mello September I5. 1994 TO WHOM IT MAY CONCERN: On the afternoon of Sunday,August 21, 1994 as I was entering the Oak Pulls Safeway in Pittsburg,I noticed a sign stating,"Sign Here to Reopen Los Medanos Hospital". Upon exiting the store,I was asked whether I was a registered voter. Aller answering yes, I was asked to sign a petition to reopen Los Medanos Hospital. I said I would sign but I did'nt think it would help at this late date. I was given a petition and asked to sign. I said"Let me read it 5rst". Upon reading the first line I saw that the petition was to recall Tom Torlakson. I then said to the petitioner that the petition was to recall Toni Torlakson. I was then told that if Tom gets recalled the hospital would reopen. I told him I didn't think that was the case,that I did want the hospital to reopen,but I did not want to recall Tom Toriakson,so I wouldn't sign the petition. I left without sighing the petition. Sincerely, t Dolores Gilliard-Williams 305 Klarnth Street Bay Point;Ca. 94555 (510)458-1095 TOTAL P.03 o a 33 IR Ira 15 VA 41. c. y � 0 dl C' ob4l S, ' ok 00 UM MW . ,1 8 J;A � � = A: -11 1 40 wKS 00m '� ,61 to � .Nii�� b6 rte• UZI H Vie.-- -P. ol u � 1,o a RUIn AND FOR IFOIMCAL MT13ONIIYG AT ALL FACUXr= GWM OR), N GED BY SnMRA PAC EM 1'NC. Tbeea mleu axe promulgated by Sura Pacific Properties, Inc. and all shied eodtim bewdartb re r v d to as 'Ownce, for the purpoaa of ra■socabty regp lating as to Lima, place and a mww the activit3es of all individuaU, Sroycps and a��tiaos ptottdaaRet xtf+raed to sa pedticam.�s� engaged in 'pOlidcal pedtioning' an add OwnWx p mpe dy. 'Polidcal p Atiaming' is defined for the discussions bemwith,m any conduct by which to 3aftduat&Sl utm polidW litm* m or cbWm sigutisres far any petition duac ed no any gvvemmental or political body. Thaw+ Rules shad rust be deemed or aonatrued to pr rmh any acxivity*trier than 'political pe ddoaing' and the Owner nmenva the 90t to pedd*say activity other tlum 9131 spodf=07 ddwrrmd in these RUIN sad mwdmw by law. 1. prior to!engaging in opolidcal peddaaing',a peddoner must nodfy tbo Owneel marutgeQ►cnt office sad pmvide it with the name, aftm arui 4aature of a nVonsible adult who, by said „ pcprcsdlr aecepts full Liability for dump, c acts of vVenses miring !Yom the proposed activity. Said liability rha11 indWe, but is not limited to, mainftsom casts far cleaning up lunar sad eat rennin !from damage to persons or prop" at bath. 2. If leafka or oder matmial an to be hsade+d out on dz Owner's ProPCCtYs the peddoetar must post a 5250.00 amity dgosk to wm the am of Laing up Sher which results from nab activity. The depoadt, less any nspease inAuM by Owner for deaning UP ]shear, shall be mftdcd appmoximatdy two Weeks aft said acdvity leas muted. 3. All petiticam engaged in 'politicd pC66011108' shall usa WIY that Post= of duh pxopmV eaprteWy dedg,oaied for that purpose by the Owner's man+ t office. This determination shad be based an the following fncWCL- A) 7U area available for such activitim. A) Mm number of peddo er; who wish to empp in such Mictivitus at oto pasrticvW dna. C) The poteadal 2br canflid bd*vM pR domes or bd wm pe tidoms and mmanbers of ft Fac. D) 'T ac safety of the public and ccow pxoPM. 4. IMC mane:during which 'political peWning' by a partkulat pesitioaut may tape pier=:ball be deaarmined by the Owner's mrwa a=d off= M6 datesmiaacdon shall bo bmed on the factors apecdiW In Rule 3. No peddom shall be permitted to 'politicsliy pcsitiom' 04 Owner's Poicat7► mote than oar day per week for a mpammwn of adz weeks In any 12 monsls peuiod. S. only treat f dt=(l.& tables, chairs sand benclaw or Cerwraw ty SMice booths)Mm Ncd by the Owasso shall be used on the pmpesty irx 'polidcal peddoning'. Said fucta dbm shall be located as prescribed by the Owner. l 6. Piosmr,pbat&and displays as wWI as their Wad sad method of display shall be subject to the appaW9 of the ow e:'s 915M. In ao went sW stub matexials be affixed to any portfoaa of the Owner's property. 7. PdiBonm vMR males no vcprass ar impitad Yepzeeensasino to any person within err an filo owner: property that the ownac at of ma OWMW Vans= or supports any view, belief, or request coatttirned in any petitiotn, aAMMt or Utaehsre-bebft or aotb MIed as Ownces property. 8. No lights, dpo, lettcispea1 . or other electrical or madhWad equipment, davim or appliance shall be used for ant►pap=by peddoom at dw praperty. 9. No petitioners shall use, operata or ponadt to be pkyed any Maw insttumMt or other dcvlcs fat the pmducdon or stp abodau of sound in suit a nwuw as to antro say sound or now wldch, in the rcu wNa belief of the Owner, may be diattubing or offenave. 10. Peddoters ftU am solidt contn'budo ns at dooedoas from anyone on Owner's properly nor shall thea engage in the sale of any items or any mzvioes an said prop". 11. Paddonaa shau not impede or intmfts with the budneaa of any Umnis, ea*gyces or parsonnd, nor Shall they app:oash, detdn at in any way imDe& or Intefte,with the smooth flaw WA fine pram p a paboes, customers or pesMmtel *JOU h the a=ew wa}►s of me PCV"- 12. It is the tes=dge business judgment of the Owner that the ray =I= of •political patidoning' aaivitia crestas eonaugb risk of injury uWar damage to person(s)sad/or pnVaty, that such n*wrtrrants apedal]am==protecdaL Mw p ddaw plannkg to engage is such activities must purdiax and cavy insurance aomrap sunt in the rraaonable judgment of Owner or Ownees manager to sad*these Alla, Said inavcance policy shall name a sWtloa d Insures SWtRA PACIFIC PROPER IM INC. AND ALL ALLMD BNTWES AM peddoner shall provide the Owner prior to commencement of poUde d petltimiq vft a valid certificate of insurance cv3deafhtY the same. In the event 'positical petidoifto party or responsible prisons to srid pedtiening party ars outside the des pUed ane approved by 0*7w for peddadng activity fat any ttiasoo at purpose besides soma to or depainrre boom dWSnated area, said cer if9cam of insurmow is expreWy required Prier to aacupyiq dcaignatod ams. 2