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DCWatch
1327 Girard Street, N.W.
Washington, D.C. 20009-4915
202-234-6982, fax 202-232-1215
http://www.dcwatch.com
June 19, 2000
Ms. Cecily Collier-Montgomery
Director
Office of Campaign Finance
2000 14th Street, NW
Washington, DC 20009
Dear Ms. Collier-Montgomery:
On June 16, 2000, John H. McKoy, president and Chief
Executive Officer of DC Agenda, submitted an affidavit to the Office of Campaign Finance
(attached) that admits that the organization had raised donations for "our efforts to
support passage of the Proposed Charter Amendment III." This affidavit further
notifies OCF that it had not expended any of the funds that it had raised for this
purpose, and that it was returning all donations.
This letter is a formal request to the OCF to compel DC
Agenda to file a statement of organization and a report of receipts and expenditures with
the Office.
The relevant sections of the District of Columbia
Municipal Regulations are in Title 3, "Elections and Ethics," Sections 3000.1,
3000.2, 3000.8, and 3009.1.
3000.1 Each political committee shall file a statement of
organization, on a form prescribed by the Director of the Office of Campaign Finance (the
Director), within ten (10) days of organization.
3000.2 Each political committee shall be deemed
"organized" when any proposer, individual, committee (including a principal
campaign committee), club, association, organization, or other group of individuals
formally agree, orally or in writing, or decides to promote or oppose a political party,
the nomination or election of an individual to office, or any initiative, referendum, or
recall.
3000.8 For purposes for reporting and recordkeeping
requirements, political committees shall include the following:
(d) Initiative, Referendum, Recall or Proposed Charter
Amendment Committee — organized for the purpose of, or engaged in promoting or
opposing initiative, referendum or recall measures or proposed Charter amendments,
respectively. . . .
3009.1 Each committee supporting or opposing an
initiative, referendum, recall, or proposed charter amendment shall file R&E Reports
during the consideration of a measure for ballot placement, for any one election.
Under these sections of the regulations, DC Agenda had
formed a political committee to support Charter Amendment #3, as shown by its actions in
soliciting and raising money for that purpose. It was required by the regulations to file
a statement of organization and a report of receipts and expenditures. It had been raising
funds for more than ten days, and therefore had passed the deadline for filing a statement
of organization. Even were it to disband prior to making any expenditures, it would still
be required to file a statement of organization and a report of receipts and expenditures.
There is no exception in the regulations that would exempt DC Agenda from this requirement
simply because it disbanded the Committee.
In my supplemental filing of June 14, 2000, in MUR 00-01,
I detailed the information I had as of that date regarding the establishment of this
committee, dating back to the middle of May 2000. The DC Agenda committee did exist, and,
having raised funds, was "organized" as defined by the DCMR. Therefore, I
request that OCF require it to file a statement of organization and a report of receipts
and expenditures immediately.
Sincerely yours,
Dorothy A. Brizill
cc: Mayor Anthony A. Williams
Councilmember Kathy Patterson, Chairman, Committee on Government Operations
Mr. Benjamin Wilson, Chair, Board of Elections and Ethics
Ms. Alice Miller, Executive Director, Board of Elections and Ethics
Mr. John McKoy, President, DC Agenda
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DCAGENDA
COLLABORATING FOR WASHINGTON'S FUTURE
DC AGENDA AFFIDAVIT
NOTIFICATION OF NON-EXPENDITURE OF FUNDS, RETURN OF DONATIONS
AND WITHDRAWAL OF REQUEST FOR WRITTEN OPINION
TO: Cecily E. Collier-Montgomery
Director
Office of Campaign & Finance
2000 14th Street, NW
Washington, DC 20009
As a result of our review of relevant sections of DCMR
regulations and the several telephone conversations with your staff since May 23rd, DC
Agenda is concerned that we may be unable to comply fully with the requirements of the
District of Columbia Campaign Finance Laws in the matter of our efforts to support passage
of the Proposed Charter Amendment III.
We hereby notify you that we have not expended any funds and
are returning all donations. In addition, we withdraw our June 8th request for a written
opinion or confirmation of our reporting obligations.
John H. McKoy
President
6/16/00
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DCWatch
1327 Girard Street, N.W.
Washington, D.C. 20009-4915
202-234-6982, fax 202-232-1215
http://www.dcwatch.com
June 19, 2000
Mr. Benjamin Wilson
Chair
Board of Elections and Ethics
411 4th Street, NW
Washington, DC 20004
Ms. Cecily Collier-Montgomery
Director
Office of Campaign Finance
2000 14th Street, NW
Washington, DC 20009
Dear Mr. Wilson and Ms. Collier-Montgomery:
Re: MUR 00-01
On June 16, 2000, the Office of Campaign Finance (OCF)
issued an order in this case. That order said that, ". . . Mayor Williams is to
immediately terminate all action involving the use of the resources of the District of
Columbia Government to influence the outcome of the June 27, 2000 election on the matter
of a Charter Amendment."
This order places upon the Mayor an affirmative
obligation, not only to refrain from initiating new electioneering activities that involve
the use of resources of the District of Columbia Government, but also to cease and desist
from ongoing and already initiated activities using those resources that were designed to
influence the outcome of the June 27, 2000, election. Mayor Williams has not ceased and
desisted from such ongoing activities, and thus has violated the order.
In response to that order, Mayor Williams issued a press
release (Attachment I) that stated that, "I
respect the order of the District of Columbia’s Office of Campaign Finance regarding
[the] School Governance Charter Amendment Act of 2000. My office has already acted in
compliance with this order." Mayor Williams also said that, ". . . I intend to
honor the letter and spirit of today’s order — we will not use government
resources to advocate on this issue. . . ."
Prior to that date, in fact as early as June 9, 2000,
Mayor Williams said in press and public appearances that he would no longer use government
employees and resources to campaign for the School Governance Charter Amendment Act of
2000.
However, on June 18th, the attached flyer (Attachment II)
was distributed by the Mayor’s Office in churches across the District. On June 13,
2000, Rev. Donald A. Robinson, Director of the Mayor’s Office of Religious Affairs,
sent the attached letter (Attachment III) on the
stationary of the Executive Office of the Government of the District of Columbia to
ministers throughout the District of Columbia. In this letter, Rev. Robinson writes
"on behalf of Mayor Anthony A. Williams," and requests ministers to circulate
the attached campaign flyer, paid for by the New School Leadership Committee, which he
refers to as "the Mayor’s ‘School Board Report Card’ flyer." The
letter thus specifically identifies the political campaign committee’s flyer as
"the Mayor’s." In his letter, Rev. Robinson also requests ministers to
"circulate this flyer in your Sunday bulletins, display on your church bulletin
boards and announce the significance of the ‘Education Referendum’ during your
Sunday worship services." In addition, he gives a political argument for the Charter
Amendment, and invites recipients of the letter to contact the Mayor’s Religious
Affairs Office, "If you have questions, concerns or need additional information. . .
."
This letter was hand distributed to churches by government
employees along with multiple copies of the New School Leadership Committee flyer that may
or may not have been reproduced at government expense. It was distributed to a number of
churches, among them St. Augustine Catholic Church, whose church bulletin of June 18,
2000, including the flyer, is attached (Attachment IV).
Writing and delivering this letter with the associated
political flyer violated the Code and Regulations of the District of Columbia, as detailed
in the OCF’s findings and order of June 16, 2000, and violated public pledges
previously made by Mayor Williams. It also violated a US District Court Decision, District
of Columbia Common Cause, et al., Plaintiffs v. The District of Columbia,
and David E. Rivers, Defendants, C.A. No. 8-3528.
The writing and delivery of the letter did predate the
OCF’s June 16, 2000, order. However, this letter was only the starting point of an
ongoing activity. The letter requested ministers to circulate the flyer and to display and
discuss it at their Sunday services on June 18, 2000. These actions took place after the
OCF’s order had been issued and acknowledged by Mayor Williams. Between the issuance
of the OCF’s order on Friday afternoon and church services the following Sunday,
neither Mayor Williams, Rev. Robinson, nor any other governmental official took any action
to withdraw the request to ministers or to inform ministers that the government’s
approach to them violated District law and the OCF’s order.
Mayor Williams violated the OCF order both by his actions
and, more directly, by his failure to act to prevent an ongoing violation of the OCF
order. Mayor Williams knew that the distribution of this flyer would occur citywide in
churches at the request of his Director of the Office of Religious Affairs on June 18,
2000. He knew that this distribution violated both the letter and the spirit of the
OCF’s order, and yet he did nothing to prevent it. This deliberate inaction allowed
Mayor Williams to profit from prohibited behavior after the issuance of the OCF order, and
therefore violates the OCF’s order. I am requesting the OCF to reprimand Mayor
Williams for violating its order and to determine and to take appropriate actions to
prevent any further violations of its order.
Sincerely,
Dorothy A. Brizill
cc: Mayor Anthony A. Williams
Councilmember Kathy Patterson, Chairman, Committee on Government Operations
Ms. Alice Miller, Executive Director, Board of Elections and Ethics
Back to top of page
Office
of Campaign Finance
District of Columbia Board of Elections and Ethics
Frank D. Reeves Municipal Building, Suite 420
2000 14th Street, NW
Washington, DC 20009
(202) 671-0550
June 20, 2000
Dorothy A. Brizill
Executive Director
DC Watch
1327 Girard Street, NW
Washington, D.C. 20009-4915
Re: Preliminary Investigation
2000-101
Dear Ms. Brizill:
This is to acknowledge the receipt of
your June 19, 2000 complaint received in the Office of Campaign Finance (OCF) regarding
the possible violation of the District of Columbia Campaign Finance Reform and Conflict of
Interest Act of 1974 (the Act), as amended, D.C. Code §1-1414(a) (1999 Repl. Vol.) and
OCF regulations at 3DCMR §§1800.5, 3000.2, 3009.1 and 3009.3(a), by DC Agenda.
Specifically, you allege that D.C. Agenda failed to file with this Office a statement of
organization and a report of receipts and expenditures (R&E) while actively supporting
Charter Amendment #3 the "School Governance Charter Amendment" (Amendment),
which will be the subject of a special election on June 27, 2000.
D.C. Code §1-1414(a) states:
"Each political committee shall file with the Director a statement of organization
within 10 days after its organization."
At 3DCMR § 1800.5, it states:
"Any political committee organized in support of, or in opposition to, a proposed
Charter amendment shall file a verified statement of contributions with the Office of
Campaign Finance."
At 3DCMR §3000.2, it states:
"Each political committee shall be deemed `organized' when any proposer, individual,
committee (including a principal campaign committee), club, association, organization, or
other group of individuals formally agree, orally or in writing, or decides to promote or
oppose a political party, the nomination or election of an individual to office, or any
initiative, referendum or recall.
At 3DCMR §3009.1, it states:
"Each committee supporting or opposing an initiative, referendum, recall, or proposed
charter amendment shall file R&E Reports during the consideration of a measure for
ballot placement, for any one election."
At 3DCMR §3009.3(a) it states that
reports of receipts and expenditures shall be filed: "[o]n or before the commencement
of the process for initiative, referendum, recall or proposed charter amendment."
Under 3 DCMR §3703, OCF is
conducting a preliminary investigation to determine whether there is any merit to the
allegations. A preliminary investigation is not an adversarial or adjudicatory process.
However, we ask that you provide OCF with any further information you may have,
memorialized in a written notarized document, with any necessary attachments, concerning
this matter on or before June 30, 2000.
Please refer to the above referenced
Preliminary Investigation number on all future correspondence. If you have any questions,
contact Kathy S. Williams, General Counsel, on (202) 671-0554.
Sincerely,
Cecily E. Collier-Montgomery
Director
cc: Jean S. Diggs, Chief of Staff
Kathy S. Williams, General Counsel
Back to top of page
DCWatch
1327 Girard Street, N.W.
Washington, D.C. 20009-4915
202-234-6982, fax 202-232-1215
http://www.dcwatch.com
July 5, 2000
Ms. Cecily E. Collier-Montgomery
Director
Office of Campaign Finance
2000 14th Street, NW, Suite 420
Washington, DC 20009
Re: Preliminary Investigation 2000-101
Dear Ms. Collier-Montgomery:
This is to supplement my June 19, 2000, complaint
regarding the possible violation of the District of Columbia Campaign Finance Reform and
Conflict of Interest Act of 1974 (the Act), as amended, D.C. Code §1-1414(a) (1999 Repl.
Vol.) and OCF regulations at 3DCMR §§1800.5, 3000.2, 3009.1, and 3009.3(a), by DC
Agenda.
Supplemental Filing of June 14, 2000
I am appending to my June 19, 2000, complaint the
following information from my supplemental filing of June 14, 2000, with regard to MUR
00-01:
At a meeting during the latter part of May 2000 that was
attended by Mayor Williams, Delegate Eleanor Holmes Norton, Council Chair Linda Cropp, and
several members of their staffs -- including Gregory McCarthy, Peggy Armstrong, and Mickey
Seligman of the Mayor’s staff -- Mayor Williams discussed the need to raise $80,000
quickly for his campaign efforts. He indicated that he had in hand $45,000 that had been
raised by Terry Golden, a member of the Control Board’s Education Advisory Committee,
and by the Federal City Council. Mayor Williams also indicated that he was going to use a
nonprofit organization, separate from the official campaign committee, through which he
would funnel the bulk of the funds that he raised.
With this information, Gary Imhoff of DCWatch placed a
telephone call to the office of Terry Golden on Monday, June 12, 2000, and spoke with Mr.
Golden’s assistant, Ms. Tammy Butler (301-380-4780). He asked how to make a
contribution to Mr. Golden’s fundraising efforts for the School Governance Charter
Amendment. Ms. Butler called back within five minutes with the information that the check
should be made payable to "D.C. Agenda," and sent to it at 1155 15th Street, NW,
Suite 900, Washington, DC 20005, and to write on the memorandum line of the check,
"Campaign for New School Leadership."
DC Agenda is a 501(c)(3) organization. It has not
registered a campaign committee with the Office of Campaign Finance for the purpose of
advocating for the June 27, 2000, special election, even though our information indicates
that it has been accepting funds for this purpose for several weeks. It appears that this
account has been established to circumvent disclosure of receipts and expenditures to the
Office of Campaign Finance and to provide a tax-deductible shelter for contributions that
would not be tax deductible were they given directly to the New School Leadership
Committee.
Additional Call to DC Agenda
An additional telephone call was made to DC Agenda on
Thursday, June 15, 2000. A staff member of DC Agenda informed the caller that
contributions to support the School Governance Charter Amendment could be made by a check
made payable to DC Agenda with a note attached saying "Attention Carrie
Thornhill." Ms. Thornhill is the Vice President, Community Outreach, and the lead
person for schools and education issues for DC Agenda.
DC Agenda Affidavit
Attachment A to the order issued by the Office of Campaign
Finance on June 16, 2000, in MUR 00-01, is an affidavit from DC Agenda signed by its
president, John McKoy. That affidavit is also attached to this letter.
In that affidavit, Mr. McKoy acknowledges that DC Agenda had had conversations and
consultations with the Office of Campaign Finance regarding its fundraising efforts since
at least May 23, 2000. He further acknowledges that DC Agenda had been informed of the
reporting requirements and that it had in fact raised donations in support of Proposed
Charter Amendment #3. These acknowledgments by Mr. McKoy place DC Agenda squarely under
the provisions of the DC Code and Regulations cited in the first paragraph of this letter.
Failure to Report
DC Agenda has failed to file the required statement of
organization that was due on or before the commencement of its activities or within ten
days of its organization as a campaign committee. It has failed to file the required
reports of receipts and expenditures that were due at the same time as its statement of
organization and on Monday, June 19, 2000. Based on the admission of Mr. McKoy that he had
several conversations with the Office of Campaign Finance and was aware of the reporting
requirements, it appears that the failure to file these required statements and reports
was willful and deliberate, and neither inadvertent nor the result of ignorance of the
legal requirements.
Thank you for the opportunity to provide this supplemental
information. If you have any additional questions, or require any additional information,
please do not hesitate to contact me.
Sincerely,
Dorothy A. Brizill
Attachment
cc: Mr. Benjamin Wilson, Chairman, Board of Elections and
Ethics
Ms. Alice Miller, Executive Director, Board of Elections and Ethics
Mr. John McKoy, President, DC Agenda |
