FAIR CAMPAIGN COMMITTEE HEARS COMPLAINTS OF BENJAMIN AND JENKINS AGAINST EACH OTHER

The Westchester County Fair Campaign Practices Committee met on September 30, 2015, to hear the complaints of Nicole Benjamin and Ken Jenkins, candidates in the Democratic primary for the position of Westchester County Legislator, 16th District (Yonkers). They each represented themselves.

COMPLAINTS OF NICOLE BENJAMIN AGAINST KEN JENKINS

COMPLAINT 1: Mr. Jenkins, in an email to the Black Democrats of Westchester, stated that Ms. Benjamin’s nominating petition submitted to the Board of Elections was “ripe with fraud.”
FINDING: Unfair. The evidence presented did not support such a claim.

COMPLAINT 2: Mr. Jenkins, in the August 21, 2015 issue of Yonkers Rising, asserted that Ms. Benjamin received support from Republican benefactors.
FINDING: Unfair. No evidence was presented that Ms. Benjamin had received support from Republican benefactors.

COMPLAINTS OF KEN JENKINS AGAINST NICOLE BENJAMIN

COMPLAINT 1: Ms. Benjamin’s campaign literature stated that, “Mr. Jenkins opposed the relocation of Social Services and Yonkers Family Court. He disregarded the safety and welfare of Yonkers’ families.” Mr. Jenkins claimed that this was a “distortion of my position on this issue.”
FINDING: Unfair. Ms. Benjamin’s disagreement with Mr. Jenkins’ position on the relocation of Yonkers Family Court does not make the statement true. No evidence was provided supporting this claim.

COMPLAINT 2: The same campaign literature stated, “Sprain Ridge Pool, Closed – Since 2011. But Jenkins blames his colleagues for the closing, while he vacationed in Aruba and ordered the vote to be held over.” Mr. Jenkins contended that, “Ms. Benjamin misstates the facts then compounds this with a false attack and an invasion of privacy.”
FINDING: Unfair. The statement is misleading. In addition, a private trip was not relevant to the pool closing.

COMPLAINT 3: The above referenced campaign mailer stated that, “As President of the Yonkers Industrial Development Agency and a Yonkers Legislator, Jenkins’ deals involving real estate contracts, tax abatements, developers, contractors, title companies, generously enrich his campaign funds to keep him in power.” Mr. Jenkins complained that, “This entire statement by Ms. Benjamin engages in false or misleading attacks upon the character of an opponent.”
FINDING: Fair. This rhetoric is within the realm of standard political discourse.

ABOUT THE WESTCHESTER COUNTY FAIR CAMPAIGN PRACTICES COMMITTEE

Committee Members: Victor J. Goldberg, [Chair], Miriam Cohen [Coordinator], Paul C. Atkinson, Elizabeth Bermel, Gisele Castro, Daniel S. Franklin, Jr., LaRuth Gray, Susan Guma, Lee Kinnally, Robert C. Kirkwood, Polly Kuhn, Philip M. Maley, Harry Phillips III, Joy Rosenzweig, Susan Schwarz, Evelyn M. Stock
Party representatives (ex officio): Republican Party, Democratic Party, Conservative Party, Working Families Party, Independence Party, Green Party, Reform Party

The purpose of the Westchester Fair Campaign Committee is to promote a climate in which candidates conduct honest and fair campaigns. The Committee encourages candidates to conduct campaigns openly and fairly, to discuss issues, to refrain from dishonest and defamatory attacks, and not to use campaign materials that distort the facts.

The Committee does not sit as a censor of political discussion nor as a body to enforce election law or make legal decisions. Its task is to accept written complaints about alleged unfair campaign practices and to determine whether the action complained about is indeed unfair. Among other things, the Committee will consider to be unfair any campaign practice that is a misstatement of a material fact or that misleads the public.

The Committee has no power to compel anyone to stop doing what it has found to be unfair. If the Committee acts on a complaint, it will release its findings to inform the public. The Committee may choose not to consider a complaint; in that case, a hearing is not held and the parties to the complaint are notified.

Statement of Principles of the Committee, as stated in its Manual, is available at www.faircampaignpractices.org. The Westchester County Fair Campaign Practices Committee believes that candidates should conduct their campaigns in accordance with the following principles:

• The candidate will conduct a campaign for public office openly and fairly. The candidate will discuss the issues and participate in fair debate with respect to her/his views and qualifications.
• The candidate will neither engage in nor be involved with unfair or misleading attacks upon the character of an opponent, nor will the candidate engage in invasions of personal privacy unrelated to fitness for office.
• The candidate will not participate in or condone an appeal to prejudice.
• The candidate will neither use nor be involved with the use of any campaign material or advertisements that misrepresent or distorts the facts.
• The candidate will clearly identify by name the source of all advertisements and campaign literature published and distributed.
• The candidate will not abuse the Westchester County Fair Campaign Practices Committee process in order to obtain political advantage.

The candidate will publicly repudiate materials or actions from any individual or group that would violate the Statement of Principles.