Vanguard to File FPPC Complaint Against Independent Expenditure Committee

asmundsonThe Vanguard learned on Friday that former School Board Member Marty West and Mayor Ruth Asmundson have filed the FPPC Form 410 to create an independent expenditure committee to Support Sydney Vergis for City Council.  The Committee’s title is, “Committee to Support Sydney Vergis for City Council 2010.”  On Monday, the Vanguard will file a complaint alleging that Mayor Ruth Asmundson’s relationship with Sydney Vergis campaign treasurer and adviser Alinia Asmundson leads to the inevitable conclusion that there was prior communication and approval by a key adviser to the Vergis campaign.

According to the FPPC Manual, “An “independent expenditure” is a payment for a communication that expressly advocates the election or defeat of a clearly identified California state or local candidate or the qualification, passage, or defeat of a clearly identified state or local ballot measure, and the communication is not coordinated with or “made at the behest” of the affected candidate or committee.”

FPPC regulation section 18225.7 defines “Made at the behest of” as “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.”  Furthermore section (c)(2) of the same code writes, “an expenditure is presumed to be made at the behest of a candidate or committee if it is… (2) Made by or through any agent of the candidate or committee in the course of the agent’s involvement in the current campaign…”

West-Asmundson

Mayor Ruth Asmundson’s involvement in the independent expenditure committee presents a clear problem in terms of the independence of this committee.  The Mayor’s daughter, Alinia Asmundson is the treasurer and key adviser to the Sydney Vergis campaign

The idea that the Mayor would involve herself without the prior consent of her daughter does not pass the smell test.  The Vanguard believes that the Mayor would not have involved herself without discussing this first with her daughter and/ or other members of the campaign.  The relationship between the Mayor and her daughter, a key player in the Vergis campaign, presents an inherent conflict when attempting to maintain the appearance (as well as fact) that this is an effort completely independent of the official campaign organization as the independent expenditure law requires.

The issue of the independence of this committee aside, one has to question the need to form an independent expenditure committee.  Why wouldn’t strong supporters of Sydney Vergis simply work through the candidate’s campaign?

We are left with two possibilities.  One is that despite Ms. Vergis’ contention from two weeks ago that she would not be accepting money from the firefighters, there are plans to use this committee to collect independent expenditure money from the firefighters to support Ms. Vergis’ campaign.  Due to filing requirements, if that were to happen we may not know until June 3 when the final disclosure statement is due.  It is also possible we would not know the extent of their involvement until after the campaign had ended.

The other possibility is that Marty West intends to use this IE to continue attacking Rochelle Swanson as she and others associated with the Sydney Vergis campaign have done for the past week.  This would give the Sydney Vergis campaign some cover and separation from what is developing into a smear campaign against Rochelle Swanson.

We note that the filing of this IE follows a week in which Marty West has been reported to have been spreading rumors about candidate Rochelle Swanson and her supposed political affiliations.  In one version of the rumor, Rochelle Swanson is said to have a Sarah Palin 2012 bumpersticker on her car.  In another, she wants to bring Sarah Palin to Davis.  While Ms. Swanson has at times been a Republican, and voted for John McCain, there is no truth to these rumors according to Ms. Swanson’s campaign.  She voted for McCain out of a long affinity with the candidate stemming from 2000.

We have received reports that an email has been sent around by Janice Bridge, another key member of Sydney Vergis’ team telling people that Rochelle Swanson is a Republican and a Palin lover.

Anonymous poster on the Daviswiki posted this on May 20, “Not too long ago, Rochelle was seen driving around town in a car with a Sarah Palin 2012 bumper sticker. She was also a fan of Palin 2012 on Facebook. Strikingly, since the beginning of the city council election both of the Palin mentions have disappeared. At the UCD Young Democrats city council forum, she admitted to being previously registered as a republican, but recently switched to “independent.”  Personally, I could never cast my vote for a woman who is so irresponsible for her own.”

Is this burgeoning smear effort a sign of trouble or simply the work of an overzealous supporter of Sydney Vergis?  Again, the connection between Ruth Asmundson and the Sydney Vergis campaign will be telling depending on the tone of the communications put forward by the Independent Expenditure campaign.

Sydney Vergis in 2008 took around $4000 from the firefighters union in addition to their $8000 independent expenditure campaign on behalf of Sydney Vergis as well as Stephen Souza and Don Saylor.  However, this year, due to increased scrutiny on the city’s fiscal problems and the influence of the firefighters on members of the council, has decided to forgo that support.  This IE links the Vergis campaign to Marty West, whose role in the near fiscal collapse of the school district has been well documented by the Vanguard. 

In a November 2007 Op-Ed, former school board member Marty West along with fellow former Board member Joan Sallee wrote an op-ed that opened a can of worms into past school board financial mismanagement of the Davis Joint Unified School District.  In writing their op-ed attacking the work of then Board Member Jim Provenza, along with Tim Taylor and the rest of the school district, their allegations re-opened past issue and thus opened the door for the Vanguard to conduct a three month investigation into Tahir Ahad and his activities as Chief Budget Officer of the school district.

The Vanguard would, in a four part series, uncover evidence of wrongdoing and corruption in DJUSD Business Office under Tahir Ahad.  All of this stemmed from his creation of an independent consultancy Total School Solutions, that operated as he was working for the school district and concurrently employed numerous district employees.

The result of this arrangement was the misuse of facility money and an attempted cover up of that misuse which nearly led to fiscal collapse of the school district as detailed in the second and third installments of the series.  At one point, the school board suddenly realized that money that was supposed to fund renovations of King High was gone and the district was forced to borrow additional money.  All of this stemmed from the missed deadline for state matching funds for repair work on Montgomery Elementary due to the failure of an employee under Mr. Ahad, who was also working for TSS, to meet the required deadline for paperwork submittal and then Mr. Ahad’s attempt to cover this up by shifting money designated for other projects to cover up for that failure.

This fiasco began and occurred under the tenure of Marty West and also Ruth Asmundson who served on the school board at that time.  Ms. West not only failed to act to prevent these problems by consistently voting to support Mr. Ahad’s endeavors, (see linked articles above) but after leaving as board member actually became a consultant herself to the controversial company.  To this day, she is listed as a “Senior Consultant” on the Total School Solutions website.

The Vanguard will file an FPPC complaint on Monday.  The whispering campaign and attacks from Marty West threaten to undermine what has been a good and clean campaign to date.  The city faces many serious fiscal issues, and whatever one thinks of partisan politics, it would be inappropriate for a side issue rather than the determination as to who will best lead the city from its fiscal precipice is the determining factor in this race.

—David M. Greenwald reporting

About The Author

David Greenwald is the founder, editor, and executive director of the Davis Vanguard. He founded the Vanguard in 2006. David Greenwald moved to Davis in 1996 to attend Graduate School at UC Davis in Political Science. He lives in South Davis with his wife Cecilia Escamilla Greenwald and three children.

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28 Comments

  1. Anne

    I am glad that I voted for Swanson and Krovoza. This sounds like it could be potentially messy. Ruth should know better. I am surprised she would get involved in such a thing.

    Thank you for the story David.

  2. Doug Minnis

    Oh My,political scandal in little old Davis. I remembered the firefighters from last election so this current observation of their particpation is no surprise. I too am glad I voted for Sawnson. The Mayor looks as if she is walking a very thin line.

  3. davisite2

    Davisite2
    05/22/10 – 10:27 PM

    “Unfortunately you are not the first person Marty West has told this to..”

    Remember when Mary West tried to “sell” the idea that Whitcombe would be contributing a sizable amount to the DJUSD if his CV project was approved with a Yes on X win. She was caught in this piece of “misinformation” and had to publicly acknowledge that the money she was speaking about was just the additional projected money coming from the State for the additional students that CV was projected to generate.

    Above is my Vanguard posting last evening on the Rexroad thread, concerning the desperate smear campaign against Swanson. Mary West has a documented reputation, in Davis local politics campaigns, of unethical behavior as an “attack dog” for John Whitcombe’s interests.

    DPD: Please forward my email address to the Swanson campaign. I need Swanson campaign literature as I am eager and ready to walk N. Davis precincts on her behalf.

  4. davisite2

    This is “meat and potatoes” for Dunning’s column. We will see if he picks this up One thing you can say about Vergis, she IS consistent in her apparent contempt for the intelligence of the Davis voter.

  5. davisite2

    ….another Vergis tidbit: I learned yesterday that Vergis’ campaign statement in the sample ballot, in addition to deception by omission in not stating that she was 28 years old, states that she is a “transportation researcher”. My understanding is that she is currently a graduate student and not an employed “transportation researcher” as the statement is meant to imply.

  6. E Roberts Musser

    “We note that the filing of this IE follows a week in which Marty West has been reported to have been spreading rumors about candidate Rochelle Swanson and her supposed political affiliations. In one version of the rumor, Rochelle Swanson is said to have a Sarah Palin 2012 bumpersticker on her car. In another, she wants to bring Sarah Palin to Davis. While Ms. Swanson has at times been a Republican, and voted for John McCain, there is no truth to these rumors according to Ms. Swanson’s campaign. She voted for McCain out of a long affinity with the candidate stemming from 2000.”

    So what if Rochelle Swanson had/has a bumper sticker on her car supporting Palin? So what if she voted for McCain? Rochelle is entitled to vote for whomever she pleases, support whomever she pleases. The last time I looked this is a free country and you can support/vote for whoever you want. You would think from this bit of nonsense that “Republican” is a dirty word! To many on the extreme left, “Republican” is anethema, which is a shame, since it shows a lack of tolerance by some on the left for any views in opposition to their own views/the Democratic talking points.

    Frankly, being in lock step with every aspect of either party’s platform is lazy thinking. One should try and analyze issues, especially local issues, on a case by case basis – not based on one’s political affiliation. If anyone is starting a whispering campaign bc Rochelle might have had a Palin bumper sticker or, horrors of horrors, voted for McCain, as a “smear tactic”, I would say the joke is on them! I may not agree with Rochelle Swanson on some issues, but I certainly don’t fault her for possibly supporting Republicans at one time if she so chose.

    Again, this is more political mudslinging rather than discussing the issues. If any candidate’s campaign is about throwing mud at their rivals in the hopes something will “stick” to an opponent, rather than “sticking” to debating the very real local issues we are facing, then such underhanded tactics show someone devoid of the ability to engage in a discussion of/address the real problems facing this town. I personally have no patience with campaigns that denigrate others… Also, one has to wonder what the mudslinger is trying to hide, that s/he feels it necessary to deflect attention from themselves by pointing fingers at others?

    Just as a side point, I can think of some politicians I have supported/voted for in the past, that I regretted having supported/voted for later on when they showed their true colors after the campaign was over and they began their tenure in office. Frankly, some currently sitting on the City Council come to mind. Who among us has not done the same thing at one time or another – voted for someone who later turned out to be a dud in office? So making such a mistake should be held against us? LOL

  7. Avatar

    “””””The idea that the Mayor would involve herself without the prior consent of her daughter does not pass the smell test. “”””

    But the fact that Rochelle Swanson is paying you for advertising on this site , does pass the smell test , smells like B.S. to me .

    Have you filed for an independent expenditure with all of your attacks on Vergis , free ink that is full of gossip and rumor .

    Good journalism isn’t required to produce a quality product on a blog !

  8. Spruce

    This is disgraceful behavior by Marty West and how disappointing that Ruth Asmundson is part of it. These two political figures in town should know better.

    If anyone knows who is doing the “whisper campaign” please post it here. This is terrible behavior obviously from people who seem to be rather desperate and are trying to do harm to a good, honest candidate who they do not support.

    This solidifies my vote FOR Rochelle Swanson. No one likes “negative campaigning” and to try to pull this stunt just before the election really angers me as it should anger others. As for the bullies doing the “whisper campaign” let’s find out who they are and get the word out.

    Thanks Vanguard for this very informative article and BRAVO for stepping up to the plate by filing the FPPC violation regarding Marty West and Ruth Asmundson’s actions. What on earth were they thinking?

  9. David M. Greenwald

    Advertising is open to any one who wishes to pay $100 a month for a simple graphic with a link. Vergis is welcome to purchase advertising space as well.

  10. Justwonderin

    Enough already. I received an endorsement letter from Marty/Ruth that noted it was an Independent Expenditure funded by Marty and Ruth (anybody else here get one?)- it didn’t say anything about Rochelle, or any other candidate for that matter- just reasons for their support of ‘Ms.’ Vergis.

    David- it seems like your emotions over your wife’s campaign loss in 2008 is getting in the way of unbiased journalism. Unless you know something factual (regarding firefighter funding or otherwise) these emotional attacks continue to undermine this site’s validity. I used to love this site, but David, it seems an apology is warranted for opting for wild speculation over factual reporting.

  11. Siegel

    Justwonderin, I was downtown at Farmer’s yesterday and Marty West did tell me that Rochelle was a Palin lover and a Republican. That’s a fact, not wild speculation as you accuse. It’s also a fact, as David reported that Ruth Asmundson’s daughter is the treasurer of the Vergis campaign and therefore I agree that they probably collaborated or at least consented. If that’s the case, isn’t the fppc complaint valid?

  12. David M. Greenwald

    I would also be interested to know what form this letter was and how many people it was sent to.

    City Municipal Code 12.01.055(c) states:

    [quote](c) Any committee that makes independent expenditures of two hundred fifty dollars or more in support or in opposition to any candidate shall 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. [/quote]

    Since this apparently did not happen, any mailer of over 500 people would be more than $250 in cost if it was first class stamps, was it a first class stamp on the envelope?

  13. davisite2

    Justwonderin said: “I received an endorsement letter from Marty/Ruth that noted it was an Independent Expenditure FUNDED BY MARTY AND RUTH….”

    An Independent Expenditure funded only by Marty and Ruth? They could have made their $100 each contribution to Vergis’ campaign.. total $200. Why need a separate, independent campaign organization?

  14. preston

    So, what are the reasons you are not going to vote for Vergis? Age? Experience? Money Trail? Or who she hangs with? I am note voting for her on the lack of experience issue.

  15. davisite2

    Preston: for me, it’s foremost a lack of experience as well. There has been a deliberate attempt to “put one over” on the Davis voter with a calculated, inflated resume, visibly present but 1/16 inch deep, along with a pattern of deliberate obfuscation and deception. This goes to the character issue which is critical since this speaks to how the candidate will deal with issues that are not even on the political radar now. The smear campaign against Rochelle Swanson, who has surged ahead of Vergis in the past month, is reminiscent of the Thomson letter to the voters in the last 3 weeks of the Measure X campaign. Both are last-ditch,unethical and desperate attempts,IMO,probably by the same political Davis faction. In Stanley Cup playoffs lingo, it’s similar to pulling the goal keeper in the last minute of a game in the hope of scoring with one more offensive player. The open goal is waiting for an additional goal from the leading team but, since defeat is already assured, it makes no difference. The smear campaign underway currently against Rochelle Swanson will undoubtedly result in one more goal into Vergis’ open net.

  16. Justwonderin

    @ Brian- I don’t know what Marty said; but this Rochelle/Palin connection, whether one thinks its important or not, has come up before several times on this blog and has never been refuted. In fact, looking at the wiki, supporter Don Shor confirmed some Palin 2012 reference on her LinkedIn page- so its not as though Marty conjured this up. Other commentators on this site found that information prior to May..

  17. davisite2

    “….so its not as though Marty conjured this up.”

    It is not Marty West’s style to conjure up political attacks “out of whole cloth”. For example, her pitch,during the Measure X campaign, that Whitecombe was contributing $50 million to the DJUSD as a “carrot” for his CV project turned out to be taken from the Yes on X’s cryptic literature statement, “50 million dollars to the DJUSD”. It was ,of course, State money for the projected new student’s education costs and not one cent extra for the full DJUSD system.

  18. Don Shor

    I really wish I had taken a screen capture of Rochelle’s Linked-In page. When she first announced, both Greg Kuperberg and I did a quick Google search and that page came up. My recollection is that it was a Palin-specific group. I don’t recall it being about McCain-Palin, nor was it about 2012; more like “professional women for Palin” or some such. Greg might recall. Then, as quickly as we noticed it, it was gone.

    Linked-In groups are like Facebook groups. They don’t mean anything in terms of financial support or personal commitment. They just mean that someone clicked on a group page once. So it is accurate to say that Rochelle Swanson once supported Sarah Palin in some vague way, but it is a stretch to imply — based on this — that she is any kind of active Republican or that she currently supports Palin for any specific office.

  19. davisite2

    “They just mean that someone clicked on a page to join a group once.”

    Don.. do you mean that Rochelle Swanson could have clicked on the site once about the time of Palin’s well-received speech at the Republican convention and then not bothered(or was unable) to get her name removed from the on-line group listing?

  20. Don Shor

    davisite: “Don.. do you mean that Rochelle Swanson could have clicked on the site once”
    Clicked to join the group, yes.

    rusty49: “Once again, so what!”
    Other than the novelty of knowing that she is or was a Republican, that is my reaction as well. I believe that to make an issue of this at all in a non-partisan race is grasping at straws.

  21. Life Long Davis Resident

    At the beginning of this election season, I was sure I had an easy decision when it came to my candidate votes. Krovoza and Vergis were the obvious choices and were the strong front runners. Then Swanson, Watts, and Li joined the race and the heat started to go up in the kitchen. As this race has progressed, it appears that Vergis’s camp is getting really desperate with Krovoza retained the front runner seat and Swanson blowing past her to take the second seat. As of today, I am changing my votes to Krovoza and Swanson for the following reasons.

    First, every candidates forum I have watched, Vergis has either been spoon fed the perceived public desired answers or couldn’t answer the questions logically at all. What worries me the most, is Vergis’ lack of knowledge when it comes to fixing our city’s budget problems. I get the feeling that Vergis would have to “Call a friend” for every decision that has to be made at the dais. It is very apparent that Krovoza and Swanson have the work experience and background knowledge to back their desire to run this city efficiently.

    The second and more important reason I am not voting for Vergis is that all of the negativity that has come out in this race appears to have come from Vergis and/or her promoters (Marty West and Ruth Asmondson). The latest attempt to change our votes back to Vergis is related to Swanson’s prior presidential candidate support. Vergis, FYI, WE DON’T CARE!!! Even as a life long Democrat and Davis resident, I am voting for the best candidates in THIS local non-partisan race. Sydney, get off the negative campaigning. At this point, I would strongly encourage the public to vote for Krovoza and Swanson on June 8th, and Li or Watts to fill in Saylor’s seat as soon as he is off to the county.

  22. davisite2

    Adrienne: Although very unlikely given the fact that there must be open lines of communication between Ruth Asmundson, her daughter and Marty West(partner of Ruth Asmundon in their independent campaign committee), doesn’t your argument that it indeed was done without the knowledge of Vergis speak to the lack respect that Marty West has in her candidate Vergis’ judgement and decision-making prowess?

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