Politics & Government

Labor Alleges, DeMaio Denies Mayoral Campaign Violations

A labor council member says he was able to go through the process of donating to DeMaio's campaign on Tuesday, several days before the campaign fundraising window opens.

A local labor council is accusing San Diego City Councilman Carl DeMaio of violating campaign rules with a website seeking donations to his mayoral campaign before the 2012 election fundraising window has opened.

But DeMaio's campaign spokesman said the website—closed since a labor council staffer tried to make a $5 donation—was in its beta form and did not accept any attempted payments.

"As the site is not live, the donation was not processed," spokesman Stephen Puetz said in an email regarding the $5 donation from San Diego-Imperial Counties Labor Council campaign manager Kyle Haverback.

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"Since then, any potential way into a beta site has been closed and the website still publishes only an 'under construction' landing page,' " Puetz said. "To be clear: No donations were solicited, and the donation that labor tried to send the campaign was not processed or accepted."

Fundraising and solicitations are prohibited outside a 12-month window prior to the election primary, which is set for June 5, 2012.

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Haverback has provided what he says are screenshots of a popup that appeared after he made a $5 credit card donation, thanking him for his contribution. A different screenshot shows registration information for a June 8 fundraising reception in La Jolla.

Even if the payment did not go through, Haverback said the website's requests for donations violate the rules against soliciting.

"He broke the law. He wasn't supposed to be soliciting. [They're saying] 'There's this one part we're OK on,' but really it's the tip of the iceberg. The law is very, very clear," Haverback said.

Puetz called the accusation "absurd."

"There were no other donation attempts, only [Labor's]," Puetz said in an email. "That fact highlights how absurd the 'soliciting' accusation is. We are aware of the campaign finance timetable and we’ve made sure that no one else can even attempt to donate online."

The tension between labor leaders and DeMaio is nothing new, with the councilman drawing their ire through public calls for public pension and benefits restructuring. Puetz called this latest twist in the feud an unsurprising "stunt" rather than discussing the "real solutions" for San Diego.

Haverback said calling out DeMaio about the donations is not personal but rather a move to hold the self-described watchdog accountable for his actions.

"I think he's just playing the victim. He got caught doing something he wasn't supposed to do," Haverback said.

It's not clear if labor leaders will file a complaint with the Ethics Commission, which oversees such issues. The commission's executive director, Stacey Fulhorst, said the commission does not confirm or deny whether it has received complaints or initiated its own investigation until an investigation is over so the process is not abused during elections.

DeMaio filed his statement of intent to run for mayor in January. Several others have done the same, including San Diego County District Attorney .

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