Labor Council Files Complaint With City Against DeMaio's Mayoral Campaign

The San Diego-Imperial Counties Labor Council is taking its claim that Councilman Carl DeMaio violated campaign rules one step further by filing a complaint with the city of San Diego's Ethics Commission on Wednesday.

The accusation — which was made public on Tuesday and — claims that the council member attempted to accept donations for his 2012 mayoral campaign before the fundraising window officially opens on June 5, 2011.

According to the labor council, the complaint focuses on a fundraising reception invitation that appeared after the labor council's campaign manager Kyle Haverback made a $5 credit card donation on DeMaio's campaign website.

The labor council contends that the invitation violated San Diego Municipal Election Campaign Control Ordinance Section 27.2938(a), which states, "It is unlawful for any candidate or controlled committee seeking elective City office to solicit or accept contributions prior to the twelve months preceding the primary election for the office sought."

"His website solicited contributions, provided a credit card contribution form, and thanked a labor council staffer for making a contribution," said San Diego-Imperial Counties Labor Council Secretary-Treasurer Lorena Gonzalez in a press release. "This is open and shut."

Gonzalez added that the website was closed after the labor council made its accusation.

Despite the complaint, a spokesperson for DeMaio's camp said the website, which is in beta form, did not accept donations nor were donations solicited. He added that the $5 donation made by Haverback was not processed.

On Tuesday, DeMaio spokesman Stephen Puetz told Patch the labor council's claim was "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 Ethics Commission's executive director Stacey Fulhorst said it 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.