A local resident has filed a complaint with the state Fair Political Practices Commission and the Orange County District Attorney’s office, claiming two City Council candidates have improperly created a political action committee.
Edmond Connor, a lawyer with an Irvine-based legal firm, filed the complaint Friday. In it, he alleges that the Capistrano Common Sense newsletter, online and delivered monthly to as many as 10,000 homes in San Juan Capistrano, is acting as a political action committee, or PAC, for candidates Kim McCarthy and Roy Byrnes, both of whom have long been involved with the newsletter.
Connor also alleges that a related website, known as Capistrano Common Sense Solutions, which promotes Byrnes’ and McCarthy’s candidacies, is also a PAC but has failed to register as a recipient committee to receive political donations.
McCarthy called the concerns “laughable.” She later issued a press release calling Connor's actions a “bullying tactic” done on behalf of council candidates Sam Allevato and Ginny Kerr.
With regards to the newsletter, McCarthy said: “To me it smells of censorship, and people in this town have been trying to censor us since we started publishing Capistrano Common Sense.”
Connor’s letter claims the newsletter is acting as a PAC because it published a letter in which Byrnes calls for incumbent (and campaign opponent) Sam Allevato and Councilwoman Laura Freese to step down.
(For the record, Patch also published this letter.)
“The tone, tenor, and content of CCS’s newsletters establish “clear advocacy” thus qualifying CCS as a political committee,” Connor writes in his complaint.
McCarthy said Connor has never asked for a letter to be published in Common Sense. She said the editorial board welcomes letters from the entire community.
“We’re not a committee,” she said.
As for the Capistrano Common Sense Solutions site that solicits donations for Byrnes and herself, she said that’s just a way to share the costs of running a website.
The Orange County District Attorney's office has received a copy of the complaint, confirmed spokeswoman Farrah Emami.
"We're now reviewing it," she said.
I know that your homework consisted of talking to Kim, Clint or one of your cronies. That's not doing your homework, that's cheating and if you are going to cheat you should at least copy from the smart kid's paper
You said they lied through the campaiign. What lies did they tell? Please be specific..
From what I read, the City did not issue a bond for 18 million dollars because the City financials were in such a disaray. However, the city had no problem collecting the principal and interest payments for the bond that was never issued. I went to the websit and read it myself. You voted to charge a head tax to students did you not? It is in the city minutes that you did vote for it. You raised taxes because as the city never had the tax before. The schools only agreed to the tax as they had no other choice. If they did not pay the tax, it would not get approved. Do you not think the residents did not see right through your actions as a city council member. You held the school hostage. Pay the tax or you wont get the vote. Shame on you. As for the budget, you only cut the budget because there was no other choice. You had spent all the reserves !
It is apparent that you did not remember what your homework was. It is sad that you feel it necessary to contintue to insult and degrade others such as Kim by calling them names and others such as "angry little people and the smart kids paper. Dr. Uso, no one hear has called you names, but you continue to call others names.
I got a DUI 14 years ago coming from a Historical Society function and blew a .08. Everybody in San Juan knew it because I was honest and talked about it during my first election The receipt for the booze was signed by Dave Adams not me. I had never see that receipt before. They were using lies to hurt my campaign just like your dishonest candidates that use anonymous talking heads to do their dirty work.
As a medical doctor, I am sure that the greenback cash has been kind to you. I am sure that if it was a lie, you would have protected your name, ego and reputation for slander for spreading false information. But you did not hire an attorney to protect all of the above. That tells me that it must be true.
When I left the City we still had a very healthy reserve, $10 million. The Scalzo settlement was going to trim that substantially but we did not spend that money to operate the City, we cut salaries and expenditures. Saint Margarets didn't pay a tax, they agreed to pay to make up for the commercial land that was to be taken off the tax rolls by their expansion project and the traffic they would generate from the added students. It was not only ethical but fiscally sound, something you would not understand. If there was a bond involved it belonged to the new Council. The only bond during my watch was the Open Space bond that the residents voted on. If you are the best talking head your candidates can come up with, they are in trouble.
Of course the flier insinuated that I got drunk on taxpayer money and then was arrested for a DUI. Decent honorable people would consider that deceptive, but you, and of course, your candidates feel that deception is ok, as long as it's for the right reason
It always amazes me how people think they will remain anonymous on these blogs, especially when litigation is imminent.
The cities website shows that you voted for the water rate increase in 2010 which included the issuance of the bond.
But I had nothing to do with it
I am not a politician and never will be. I am just an honest human being that served our community reluctantly that is glad to be done with it I have put myself on the line for you with my colleagues, the building industry and the unions expecting nothing in return. I'm not smooth or clever but I have always been straight with you. I have been critical of Sam, Kim and Roy without taking sides other than yours. I have exposed my heart to you on this blog and even been critical of my own actions on Council when warranted. I have no dog in this fight although there seems to be a lot of dogs. I am surprised that very few of Sam's supporters have been critical of my statements. they are running a professional campaign. I can't say the same for the people supporting Kim and Roy. You have a tough decision to make. Not perfect choices and they may not make sense to you but I urge you to vote for Ginny and Tom. Stop the anger and the lies!!!
Always new you SJC Americans were bigots, now the whole word can see it as well
And that is why I voted for you each time. Oh, and also because you always answered my e-mails, even at 11:30 at night.
Please vote for Tom and Ginny