[Originally published at the 'MayorDaveBlog.us']
Something is wrong in the mayor's race in Arvada.
There has been published in the last two editions of the Arvada Press newspaper half-page ads advocating for the election of Marc Williams as mayor. These ads clearly state that they were: "Paid for by Ted Terranova, Aaark Total Home Services."
These ads display logo and text taken directly from Williams's web site and campaign literature. From my reading of the Colorado Constitution (Amendment 27; Section 5) the ads are not independent expenditures because "Expenditures by any person on behalf of a candidate for public office that are "coordinated with or controlled by the candidate or the candidate's agent ... shall be considered a contribution to the candidate's candidate committee."
It's a prima facie case: Mr. Terranova is a member of Williams campaign committee as announced on Williams's web site!
Our campaign committee is replete with involved Arvada residents, including campaign chair Frank Barone, campaign treasurer Bruce Nickerson, former Mayor and mentor Ken Fellman, Cheryl Van Hoose Barone, Christine Jensen, former councilmember and current Arvada Fire Protection District Board Member Ted Terranova, Jed and Jeanee Ladd, Nathan Mudd, my son Josh, and my ever supportive wife, Luanne.
Anyway, the Terranova paid-for-ads do not comply with the constitutional provision nor the Colorado Secretary of State's rules as an independent expenditure since they do not contain the notice that they are "not authorized by any candidate".
Furthermore, Mr. Terranova has already contributed the maximum allowed by city law (City Code Chapter 30; Article I: Section 30-7) to Williams -- $750; and his company has also contributed the maximum allowed by city law -- $750.
Therefore, no matter what the cost of two half page newspaper ads (one in full color), it looks like Mr. Terranova may very well be in violation of the city's campaign contributions law.
The question all this begs is: why?
With well over $30,000 raised by the Williams mayoral campaign, why are additional expenditures outside of the rules necessary? What is wrong with following not only the letter of the laws but the intent?
Let's be clear, the issue isn't whether or not one thinks that the contributions laws are right or just, the point is why does anyone act as if laws do not apply to them? Williams and Terranova have conducted several campaigns each, one is a lawyer, the other the treasurer of the Fire District, they cannot claim ignorance of the law ... only arrogance toward it.
Still perhaps we should not be surprised by these kinds of shennanigans; getting around the letter or intent of the contributions laws highlights a pattern we have seen in how the incumbent city council also skirts the intent of the term limits laws.
From almost all of the folks I have talked to in the past couple of months there is a consistent refrain of disgust and revulsion at the kind of "politics as usual" that this case exemplifies.
I am running for mayor of Arvada because I totally reject "politics as usual" -- I want to win, but I simply will not descend to their level of ‘win at all costs' if it means shredding personal integrity and the law.
Comments from the original post.
October 24, 2011
As ususal Dave sees a "boggyman" behind every action. For the record I paid for ads for the elctions the last three years and was not aware that there was any problem with doing so. This is still Amreica where a person can say want he wants, how he wants. That is what I did in the case of the ads purchased on behalf of Marc Williams. Having said that, IF there is some legal reason I could not do this then the solution would be for Marcs Campaighn committee to pay for the ads instead of me. Guess what! that is exactly what has occurred. So NOW in fact the ads were NOT paid by Ted Terranova, even though I would if it was clearly allowed. Since there is some question on that- It has been resolved. But as you would expect from someone like Dave Chandler- He thinks the worst of anyone that does not support him. There was no attempt to "cheat" but rather my way of letting the world know that Marc Williams is the ONLY legitimate candadate for Mayor of Arvada in this race. Sorry Dave.
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October 24, 2011
There is something scarier than a "bogeyman" behind Marc's campaign, it's Ted! Three comments; 1. Ted, this is America, you're free to disregard spelling, grammer, and syntax. You're even free to disregard the truth. 2. Ignorance of the law is not a legal defense, nor is past violations without getting caught. Otherwise, you might as well say "I've driven drunk many times before without being arrested, so I thought it was legal". 3. We have election laws so the elected offices are not offered up to the highest bidder. We'd also like to have our elected officials follow the laws. Doesn't always happen, but it's a quaint notion of our civilized Western culture.
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October 25, 2011
Marc: Thank you for your explanation. I will include it in 'Comments' on the blog post. Dave Chandler +++++++++++++++++++++ On Oct 24, 2011, at 1:43 PM, Marc Willliams wrote: Dave- your recent blog regarding ads in the Arvada Press has been brought to my attention. Perhaps if you had contacted me on this, it wouldn't be necessary to set the record straight. Our campaign did consider running ads, but chose not to do so. Ted Terranova made a decision that he wanted to run ads as an independent expenditure. As you know, such independent expenditures are permitted under Colorado's Constitution. Our campaign made the decision that because Mr. Terranova has been part of the campaign committee, and because the ads contain material from the campaign, that we would take the high road and treat the ads as an inkind contribution rather than as an independent expenditure, and as such, they exceeded the Arvada contribution limit. Accordingly, the campaign reimbursed Mr. Terranova for the cost of the ads as an excess contribution. The report on this matter was filed with the City Clerk, and will be included in my campaign report this week as well. Richard M. (Marc) Williams Helm, Less, Smith & Williams
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October 25, 2011
In response to the two comments above from Mr. Terranova and Mr. Williams, it is clear from their explanations that they are trying to un-ring the bell of an incident that really speaks to the kind of "politics as usual" that I am standing against. Mr. Terranova even goes on the attack by attempting to whip-up some outrage at me … because I heard the bell in the first place. However, since Terranova and Williams concede the particulars that I explained in my original article, what remains is the question of what it means. What it means to me, and I suspect many others who might become aware of this episode, is that "politics as usual" manifests itself most clearly in the 'anything goes' attitude towards our election contests. Whatever money it takes, however low the discourse, whatever tactic is necessary -- because that is just how politics is done if you want to win; to think otherwise is naive. Most of all it is the perniciousness of too much money in politics. Imagine … really ... $30 to $40,000 to get elected mayor of Arvada. Something is out-of-whack here for a position whose responsibilities, other than its ceremonial duties, is the same as an at-large member of the city council. So, the Williams campaign has to bail-out Mr. Terranova, who doesn't seem to understand what being on a committee and accepting decisions is all about -- he strikes out on his own even if it means putting his own candidate in an "uncomfortable" situation. Politics as usual. Well, I haven't probably raised a tenth of what the Williams campaign has and I haven't take a single contribution from a company that might ever make a profit from a vote I would make on council as mayor. And that ……… is precisely why you should vote for me for mayor of Arvada. Dave Chandler Candidate for Mayor of Arvada