election commission election commission 999 e street, n.w. washington, d.c. 20463 rev 19 2...
TRANSCRIPT
FEDERAL ELECTION COMMISSIONWASHINGTON. D.C 20*
"HIS IS TE EINIt OF 0iR #
ai1 FILMED APO? -- CN o.ND
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2O ~ 31 PH' 191 Kevin A. Greene 2 ,19402 Center Street. ON,;, L LZ. ,3
Castro Valley, CA 904546October 31, 1996
Federal Election Commission999 E Street, N.WWashington. D.C. 20463
Sirs:
This is to file a complaint with your Commission regarding a violation of campaign regulations byor on behalf of a candidate for United States Congress: Representative Bill Baker (R., Danville)currently running for re-election in California's Tenth District.
Over the past week large campair rigns have appeared in numerous locations throughout theTenth District. This signs say 'Congressman Bill Baker - Working Hard for You". They measureroughly four feet high by eight feet long, and were professionally printed. They are posted inpublicly visible locations They carry no disclaimer as to who paid for their printing, a clearviolation of F.E.C. regulations as I confirmed during a call to your Information line on Mondayafternoon. October 28- Besides the obvious large expenditure to print these signs, they needed tobe mounted on supporting frames and distributed to many locations in a wide-spread district. Thisun-reported expenditure on behalf of Mr Baker's campaign therefore also may include a large billfor labor expenses. The sum may run into the thousands of dollars of expenditure by person orpersons unknown to the public, in the last two weeks of a close election.
In such a large district it is impossible for an accurate count of these signs to be made yetHowever, I attach reports from two other citizens (both known to me) as Exhibits I and 2,reporting locations in Walnut Creek. Alamo, Danville and San Ramon, California. Both Mr.Kimber and Mr Rich have taken photographs to record their observations Other reports arebeing collected and will follow' in a another letter after the election. I have personally observedtwo of these signs at the i- itrance to a ranch at 9998 Crow Canyon Road here in Castro Valley.
As to the person or persons committing this violation: it is of the sttre ofthis viilaion #*uIcimol state who committed this act. That is tte point of, he maner. Howevaw. idwbeneficiar of this illegal activity is Mr. Bill Baker. our current Rer ve ind cudihdtheRepublican Party for re-election to the Congress in this district.
iA.Greenework tel. (415) 2434756.space for notan: Signed and sworn before me this day:
Attachments: Two Exhibits: faxes reporting locations of sips
CAUORINIA ALl
State of jj
County of
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me on the basis of satisfactory evidnc to be the pqrsoorVVIIUV i 0m"rI.q suucnoe wo ie wit run Instrumentand ackd to me tat~k6Me e executed thesame in e authorized t nd that by
(signature) on the Instrument the perso!qeftor the entity upon behalf of which the person 'acted,
executed the instrument.*. # 1015645
OUNC - CO If WITNESS my hand and official seal.
OPTI1NAL - -s. o ,
tion below is not required by law it may prove valuable to persons reflng on the docwent and could Preventfraudulent removal and reattachment of this form to another oCKumeWt.
)f Attached Document
)ocument: 66J -Ld4qeaa%'L)ucAA A 31 199 (0 Number of Pages:
Fhan Named Above:
Claimed by Signer(s)I
Signer's Name: A ,4 i'2) V. 1
_E Corporate OfficerTrle(s):Partner-- Limited [0GeneralAttorney-in-FactTrustee
I Guardian or Conservatori_ Other: TOP ____ ____
Signer Is Representing:
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FEDER ELECTION (..MM.ISON• ..DC.... ,)
Kevin A. Greene19402 Center StreetCastro Valley, California 94546
Dear Mr. Greene:
This Is to acknowedue 0~p af IS -letter dated October 31,199. PederiAct of 1971, a n ('the Acte) and ig I*-require that the contents of a complaint met cart.requirements. One of these requirments Is t 8 *-. st hesorn to and signed in the presence of a notary p&lnotarized. Your letter was not properly sworn to.
In order to. file a lelly sufficient 24"t- Wittswear before a notary that the contents of pourwgo e .true to the best of your knowled ad the tas part of the jurat that such sarin occ"rw-form is "Subscribed - emma to bet= 90. ee
Dsc"r to a"d 26wbregre the incoavel thI ...e wCsitbut we are not statutily ew dhandling of #" ,% " ,W ....
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Federal Election Commission999 E Street, N.W.Washington, D.C. 20463
Rev 19 2 9PHl'Kevin A. Greene19402 Center Street,Castro Valley, CA 94546November 15, 1996
Sirs:
This is to re-file a complaint with your Commission regarding a violation of campaign regulationsby or on behalf of a candidate for United States Congress: Representative Bill Baker (R., Danville)currently running for re-election in California s Tenth District.
Over the past week of this campaign large campaign signs appeared in numerous locationsthroughout the Tenth District. This signs say "'Congressman Bill Baker - Working Hard for You".They measured roughly four feet high by eight feet long, and were professionally painted onplywood. They were posted in publicly visible locations. They carry no disclaimer as to who paidfor their printing, a clear violation of F. E C regulations as I confirmed during a call to yourInformation line on Monday afternoon, October 28. Besides the obvious large expenditure to printthese signs, they needed to be mounted on supporting frames and distributed to many locations ina Uide-spread district. This un-reported expenditure on behalf of Mr. Baker's campaign thereforealso may include a large bill for labor expenses. The sum may run into the thousands of dollars ofexpenditure by person or persons unkno%nt to the public, in the last two weeks of a close election.
In such a large district it is impossible for an accurate count of these signs to be made vet.However, I attached reports from two other citizens (both known to me) as Exhsibits I and 2,reporting locations in Walnut Creek, Alamo, Danville and San Ramon, California. Both Mr.Kimber and Mr. Rich have taken photographs to record their observations. Other io webeing collected and will follow in a another letter after the election. I have puisnaly obse ydtwo of these sips at the entrance to a ranch at 9998 Crow Canyon Road b in VA
As u he pona or perin C0metio 1"ths violation: it iso othe uoreef o bi~ adi"emmsta nwho committed this act. That is the point of the matter. How , the clabeneficiay of this illegal activity is Mr. Bill Baker, our current Represetabive and candidate of theRepublican Party for re-election to the Congress in this district.
w il. (415)243-4756
• : Sua em fa notary: Sigred and sworn this da.:
aTwo -a:
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CO'J- .
wowsm smo i C Xej
'Tuesday. Octoftr~q jjv
Ta.ved to Xevi treenero 510 18. 517
Nevin:
I drove around the area this mornftW between ioug ~ (saw severafof thie4' x 8' !Bafer sipns I can cosnfirmws ~*anot have any attribution on them
I have exywudeeven frames of ffm some (whereM, (othesn "wie aflt1e. 0On the c~ose ups it ithat th~em is no attribution, the wudi anpwe s&Ptsmore cfeariy.
hfawe tdeny&,tograyphs in San Aanma... ....
1410 M -
lot Sevin CroeeeDatesOctobor 30,1996 ;j
During the sek of October 27,iS 96 I observed seveal larOe.laker For Co"ress signs without any disclaimr stating wh"for thm. Ybe signs wre approxizatlT 4 feet by 8 feet and*COAgrmssman Bill Baker Working RSazd Vor TOW .
I saw the signs at several locations in'lalnut Creeks theBlock of Rulgearr Avenue( two sigas); Castle iL1l nearNadom near Meadow Court; YTice Va.ley near Meadow; Ti. Val,Olympic; Almond Ave near V. Californial Livorna noad.
I have in my possession several photographs depicting Mayto these signs and showing the lack of a disclaiser.
Sincerely,
3550 Ut. D±f Blvd.,Ste 130Lafavette CA 94549
aw
10
F. Andrew Turley, Supervisory AttorneyCentral Enforcemnt DocketFederal Election Commission999 Z Street, N.W.Washington, D.C.20463
RE: MUR 4584
Dear Mr. Turley:
The Bill Baker Campaign for Congress is in receipt of your letterdated November 5, 1996. Our campaign inadvertently printed,without the disclaimer, the signs referred to in the c=lant.There was no attempt to hide the fact that the Baker cawmpgRdpaid for the signs. In fact, if we had been contacted we Va4d4most certainly have indicated that they were paid for by theBaker Campaign for Congress.
The signs were placed on private property (with permission of theproperty owner) beginning approximately two weeks beforeelection. They were removed promptly beginning on November 6. Thesigns were pasted on wood and put into place by volunteers andthe cost of the signs and the wood was duly reported. One paidcampaign worker was the coordinator of the sign program (inaddition to other duties) and his salary was duly reported.Enclosed you will find copies of the relevant pages from ourreport covering the period 7/1/96 through 9/30/96 and from o=report covering the period 10/1/96 through 11/25/96.
Approximately 200 signs were placed. However, - s*am areplacement signs for signs that were stolen, disfigured orbroken. Because Bill Baker was not re-elected to gnot recapped the entire sign program. Therefore, aamer of sign locations is not available. By3the t
Wasrea",e after election day, all of t~ed cops Yautyno action Illa4i4Sg
It Is our hope that you will see this as an hoaetus brought to our attention at a time too late to ta :kcorrective action.
our he that this explanation will be sut' it-y the sign activity of Bill Baker for Co e :.
Couseland ask that no further actift"av replied previously to asit.
ggI~ p'~aU,~ en inh ad ofw d mw e Ite ii j5 togNAME OF COIWITTEE (in Full)
Bill Baker For CongressF.ul ia Mals-A - -IWw &uI -UAW-sen IPCdPut I Ram, Raft i n dress lDOWZIP Code
John T. DarrP.O. Sox 45909Los Angeles, CA 90045
Full Name, Mailing Address end ZIP Code
John Goerl296 Llvorna eights RoadAlamo. CA 94507
Full Nme Nailing Address and ZiP Code
John Soert296 Llvorne eights RodAlamo. CA 94507
---------------------------------,,Full Name, Nailing Address and ZiP Code
John Goert296 Ltvmrne Neights Road
. Alamo, CA 94507
5~~ -mm~
Purpose of DIsbursementlease
-- '---' -- -w- - -- - - - - -- - - - -
Disbursement For:[ )Priawy KXjgeneral'I )Other (specify):
Purpose of DisbursementRei mbursement
- - - - ------- - -- -Disbursement For: [ ]Primery (XIGenerel
I ]Other (specify):
Purpose of Disbursementreimbursement
-- --' -- ' -- ' -- -- -- -- - - -- -- -- - - - - - - - - - -
Disbursement For: C)Primary (XIGeneral( ]Other (specify):
Purpose of Disbursementreimbursement forpostage
Disbursement For: [ ]Primary [X]GeneralI ]Other (specify):
Purpose of Disbursementreimbursement
Full P0 0 8il i Address end ZIPCode
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off Is* peP.O. Sm 29136Atlenter A303"
Ful I Namealting Address sed1ZIp COd&
Off IteoepotPO. fox 29136Atlanta, GA 30359
------------------------ -FullI 0001s, "OlIIn@ Address aMd
OS~~wto0tut**0nc
Full MnsNiling Address and ZIP Cods
Palo"* ater
'~Socremsefto*CA 9588?
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Full laws.Rolling Address and ZIP Cde1
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Purpose of imo"Instlbttw$a mbhftt
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nw cws IlHd b e been Identifed a eltmr awls o low u
bamd upon edctn ner the fmor. n amid 9yl D 'p'n. 1b nmut
tj ammImI m ... d mrnt tw Cou¢ Ina npi pmI Url. mm
A. CAse Nkt INa1ai- Fudher Acd=o ROWaiv W Othr Case m dSamr Ue oa ~ o
El wa crftd to identify pelig caes whicf, due to f lg of thei
te bothers rentypendin b dore the nonnuo ot v~w~fut
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softive enfarcemen relies upon the timely purmit of com land a e sadnto
ensure c ompliance with the law. Invst n activty m"ne dimnb m
usually reclair a smter c omn n4 ft of reso, pas a due to te fat hMd i
evidence of such activity becomes more renwte and co .- l w ore dfI to
has a more positive eect on the electoraclpr and the regulat o n,, y. I
recognition of te facts, EPS also provides us with t w to Inf thu s
which, though earning a higher rating when receive mnd n d to
of resources for effective investigation. The utility of commencin an i-a-,",,'m
declne as these cam age, until they remh a point when maci ao diem,
be an efficient use of the Commission's resources.
Twmamy m hew bm d r 0.cdwm D.o **mc peid Of tme to rnde 1m sAl, A of wh a eo mmd I dam
In *dg RepaiL' 11b hup cldu for MM *A*t bw sal& seveal Map Obut wer held pendin crimina piwseution by di De-par tmnt Of J=stIc. DC0 obtmsdconvictio~n ft two crtmal cam elred to thee fiou MUs (U.S. v. *a O.n md LLS.
v. Dpm Ewm rm ) basd upon guilty peas by the key defezda*. who amn O
the pri.pl rMpn ts in our pending mauttm Pursuit of civil enforcemwt action in
view of the S&Uafcto results obbtned in the criminal cm would rot be the act
effecive use of the Co on' scarce resoam ces at this time.
We recom that the Commission exercise its prsecutria dsPron M
direct closure of Owhem lisfed below, effective Aupot 29,1997. aCekug Ow
1 i i i i
~T~ awMUR 4M (GOAC) M.tg MUM W WT); MUM "G (Caju &,M Iift
a" ft*MM 3U (F* PIbetI
ad."ibd• w. Pu so"
doing leIWI mdm an So bs d pt*lic ucard-
W7 It
NL
A. Dsdw o op a MUM don .w file dhcea Aupa t2,19,L d sppo,
appropriaIuis ~I, l gb foli mtum
Pm-MUR 336 N.mURS
B. Take no ac ds fm e efeOKti Au t2,19Wa, md appoved w.h
ltS in the folowing maK
MUR 379
MUR 3798
MUR 4274
MUR 4275
MUR
MUR 4358
MUR 4361
MUR 4368
MUR 4360
"=MUR435
MUR 4410
MUR 4417
MUR4422
MUR4470
MUR4478
MUR4492
MUR4M
MUR 4506MUR6I2
MUR4
MUR m
MUR m
MUR 4
MUR 4mMUR M
MUR 4 32
MUR M
MUR4541
WI-
bMRuam
WMMM4uNW=M
M 4W6
MM ff9
1=4M$
I i -0,0- , I , I , I '1# 1 T Is# 6 " q
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** C
3 t se ttor of )) Aumd Do t 3.. -Ss
mfor imt Priority )
Z, NMaorLe W. 2.s. recordi4ng seretay for tbe
Federal IlectLon Cemission ezecutive seoLo an Auguat &9,
1997. do hereby ortiy that the Ci-"- decided by a
vote of 4-1 to take the followng actioLms with respeot to
Agenda Docmemt No. 197-SS
A. Docline to open a NUN, close the fMleffectILve August 29, 1997, md approve
the approprLate letters in the followingmttrst
1. Pre-NUN 336. 2. Ire-MUR 352.
a. Take no actLm, close the fle effectLveAugust 29v 1997, and apove the approprLateletters ia the following umtters:
I. UM 3796 . 2. M3793. 3.MM,~-. 4 M o 7
7. NN 4)61. $. 4lt. 9 'am
4385. 11. M4336. 12.
13. MWn 4434. 14. 44 10. 15.
16. N 4422. 17,. 4470. ,6E
OgrtLfL-fatcmu JMgnorinmt Priorityl t I* 1 987
NUN 4492.
NUN 4512.
NUN 4520.
NOR 4524.
MUR 4529.
MUR 4537.
N 4550.
NOR 4559.
MUr 4566.
UM 4579.
MUR 4588.
20.
23.
26.
29.
32.
35.
38.
41.
44.
47.
50.
NUM 4498.
NUR 4517.
NUN 4522.
NUR 4526.
NUM 4532.
NUR 4541.
NOR 4551.
NN 4560.
NUR 4574.
NUR 4580.
NUR 4613.
21.
24.
27.
30.
33.
36.
39.
42.
45.
48.
NUR 4506.
NUR 4518.
NUR 4523.
NUN 4528
MUN 4535.
NUR 4548
NUN 4557.
NUN 4562.
UN 4576.
NUR 4584.
Camissioaers ALkens, McDonald, Noazarr, and Thoa
", vted afflzidtivey for the deciomLL C=missalomer Ual tt
Attests
Dare L* e lwai~~i11 retaM of the -"--
Page 2
1.
22.
25.
28.
31.
34.
37.
40.
43.
46.
49.
• .... ,, ... ... , A.
FEDERAL ELECTION COMMISSIONWASHINGTON. D.C. 20463
August 29, 1997
CERTFlIED MAILRF I RECEIPT REUESTED
Kevin A. Green19402 Center StreetCastro Valley, CA 94546
RE: MUR 4584
Dear Mr. Green:
On November 19, 1996, the Federal Election Commission received your
complaint alleging certain violations of the Federal Election Campaign Act of 1971, asamended ("the Act").
Alter considering the circumstances of this matter, the Commission hasdetermined to exercise its prosecutorial discretion and to take no action against therespondents 5e attached narrative. Accordingly, the Commission closed its file in thismatter on August 29, 1 97. This matter will become part of the public record within 30d(iJS
The Act allows a complainant to seek judicial review of the Commisson'sdismissal of this action. See 2 U.S.C. § 437g(a)(8).
SS iin c e r ey,
F. Andrew TSupervisoryAamoiy
CenuEhmeswD
Narrative
Ce**Ev~uey? Olw Commums MZt Ann'wry
MUR4U4BiLL IAIER FOe CONGRES
Complainant Kevin Green alleges that signs advocating the election of incumbeutBill Bakerfailed to include a proper disclaimer. He also alleg that the con of the sipswere not repofted to the FEC.
Bill Baker for Congress Committee responds that it mistakenly printed'the sigswithout the disclaimer, and learned of this error too late to take corrective action. Itmaintains that the cost of these signs were properly reponed.
There was no serious intent to violate the FECA. This matter is less significantrelative to other matters presently pending before the Commission.
.4 :;A
FEDERAL ELECTION COMMISSIO'WASHINGTON D.C. 2463 August 299 1997
Dan E. Cold, TreasurerBill Baker for CongressPO Box 4544Walnut Creek, CA 94596
RE: MUR 4584
Dear Mr Cold:
On November 25, 1996, the Federal Election Cmmi notifed you of acomplaint alleging certain violations of the Federal Election C 0 Act of 1971, asamended. A copy of the complaint was enclosed with that t
"]
After considering the circumstances of this matter, the Commison hasdetermined to exercise its prosecutorial discretion and to take no action agn Bill Bakerfor Congress and you, as treasurer. See attached narrative. Accordingly, the Commission
*" closed its file in this matter on August 29, 1997.
The confidentiality provisions of 2 U.S.C. § 437g(aX 12) no longer apply and tismatter is now public. In addition, although the complete file must be placed n the publicrecord within 30 days, this could occur at any time following cetficato of theCommission's vote. If you wish to submit my fcua or legal ials to appmonpublic record, please do so as soon as possible. While the file may be place on tepublic record prior to receipt of your additional i aterials, my pemais-ilwill be added to the public record when received.
If you hae my) qowio.w contact Alm E Saf aawe~ .1number. (800) 424-530. Owr local tepbmw =mw a(2022194M.
A~tF. Aadw
Attachmnent