Committee Rules on Campaign Practices by Failed Yorktown Candidates

The Westchester County Fair Campaign Practices Committee met March 31 to hear the complaints of Greg Bernard and Tom Diana, Republican candidates for Yorktown Town Council, against Roseanne Brackett and Bob Giordano, Democratic candidates for the same positions as well as against the Yorktown Democratic Committee.

They had already met to consider complaints by Brackett and Giordano against Bernard, Diana and the town Republican committee.

• SEE: Committee Rules on Campaign Practices by New Yorktown Town Councilmen

Here is the WCFCPC’s report:

COMPLAINT 1:

Mr. Bernard and Mr. Diana complain that a series of mail, web and newspaper advertisements placed by the Yorktown Democratic Town Committee, Roseanne Brackett and Bob Giordano made the false and misleading statement that Messrs. Bernard and Diana “stayed silent on ethics reform.”

FINDING: No Finding

The Committee noted that the definition of what constitutes “ethics” is a subject for political discourse.

COMPLAINT 2:

Messrs. Bernard and Diana complain that Democratic campaign literature made the false and misleading statement that they “would keep residents in the dark.”

FINDING: Fair

The Democrats made clear that the reference to keeping residents in the dark referred to the Republicans’ opposition to televising Town Board meetings.

COMPLAINT 3:

Messrs, Bernard and Diana complain that Democratic campaign literature made the false, unsubstantiated and misleading accusation that Messrs. Bernard and Diana were responsible for, and “had passed or proposed so-called phony tax cuts.”

FINDING: Unfair

The Republican candidates were not on the Board and thus could not have proposed or voted on taxes.

COMPLAINT 4:

Messrs. Bernard and Diana complain that Democratic campaign literature made the false, unsubstantiated and misleading accusation that Messrs. Bernard and Diana “were responsible for exaggerating economic development.”

FINDING: Fair

The Committee found that the statements fell within the realm of normal political discourse.

COMPLAINT 5:

Messrs. Bernard and Diana complain that Democratic campaign literature claimed that Messrs. Bernard and Diana “were in favor of closed door decision making.”

FINDING: Fair

The Committee found that the statements fell within the realm of normal political discourse.

COMPLAINT 6:

Messrs. Bernard and Diana complain that Democratic campaign literature claimed that Messrs. Bernard and Diana “would award non-competitive contracts.”

FINDING: Fair

The Committee found that the language was within the realm of normal political discourse.

COMPLAINT 7:

Messrs. Bernard and Diana complain that a March 9 advertisement in the Yorktown News, paid for by Ms. Bracket and Mr. Giordano, claimed that Messrs. Bernard and Diana “have or will deceive the community about taxes.”

FINDING: Fair

The Committee found that the language was within the realm of normal political discourse.

COMPLAINT 8:

Messrs. Bernard and Diana complain that a web advertisement placed by the Democratic campaign made the false and misleading statement that Greg Bernard and Tom Diana “had misrepresented the cost of projects.”

FINDING: No Finding

Insufficient information was supplied to make a determination.

COMPLAINT: 9:

Messrs. Bernard and Diana complain that a web advertisement placed by the Democratic campaign made the false and misleading statement that they “were the only candidates truly committed to honesty, integrity, and transparency.”

FINDING: Unfair

The use of the word “only” violates the Committee’s Guideline #6 “when reasonable questions about the truthfulness of the claim can be raised.”

COMPLAINT 10:

Messrs. Bernard and Diana complain that a TV commercial purchased by candidates Brackett and Giordano engaged in subliminal messaging by flashing the untrue assertion “YOUR TOWN TAX HAS GONE UP 11%” for one-half second.

FINDING: Unfair

The tax issue is too complex to be presented in a half-second flash.

COMPLAINT 11:

Messrs. Bernard and Diana further complain that Democratic campaign literature made the false and misleading statement that Brackett and Giordano “were the only candidates who support stronger ethics laws.”

FINDING: Unfair

The use of the word “only” violates the Committee’s Guideline #6 “when reasonable questions about the truthfulness of the claim can be raised.”

COMPLAINT 12:

Messrs. Bernard and Diana complain that a Democratic web ad claims that “Greg Bernard isn’t being honest and refused to answer the question about where he stands on the proposed Sober Living Residence in Yorktown.”

FINDING: No Finding

The complaint does not correlate with supporting exhibits presented.