PETALUMA

Group claims campaign violation

D.A. asked to look into Tell the Truth's flier; funding disclosure at issue

By JOSE L. SANCHEZ JR.
THE PRESS DEMOCRAT

A Petaluma political group has filed a complaint with the Sonoma County district attorney alleging that Tell the Truth, a group that says it promotes honesty and accountability in public affairs, is illegally concealing the source of its money.

Larry Modell, chairman of Petaluma Tomorrow, asked District Attorney Stephan Passalacqua to take enforcement action against Tell the Truth for "what appear to be multiple violations of local campaign and election laws."

Assistant District Attorney Christine Cook said her office would "conduct a thorough review" of the complaint, which was received last week.

At issue is a flier that contrasts the positions and votes of Petaluma mayoral candidates Mike Healy and Pam Torliatt regarding the proposed Rainier Avenue crosstown connector and interchange and other traffic issues.

Based on anecdotal information from Petaluma Tomorrow members, Modell estimated thousands of copies of the flier have been distributed in Petaluma by paid canvassers during the past two weeks.

Steve Lucas, Tell the Truth's attorney, said the complaint was "baseless and groundless and an abuse of the legal system."

"They are unhappy that Tell the Truth has put out a piece that shows where the candidates have been on a certain issue."

The flier says that Torliatt has voted against the Rainier project on several occasions and that Healy has always supported it.

Torliatt said the flier distorts her position, which has long been to tie approval of a smaller-scale Rainier project to limits on development of the more than 200 acres around it.

"What the council majority has been doing is approve development after development without requiring the street and road improvements to accommodate it," she said.

Petaluma Tomorrow, which is supporting Torliatt in the Nov. 7 election, contends the Tell the Truth flier is biased in favor of Healy and that the organization is acting as an independent expenditure committee that is obligated to reveal the identity of its contributors.

Lucas said Tell the Truth does not have to reveal its donors because it is not expressly endorsing or opposing any candidate.

Modell said the flier is so loaded in favor of Healy and against Torliatt it is in fact a statement of endorsement and opposition.

"Secrecy is bad for the Democratic process," Modell said. "This is an attempt to influence this election on behalf of development interests who want to elect their friends to the council," he said.

Jo Timmsen, executive director of Windsor-based Tell the Truth, declined to answer questions about the group's backers.

However, she told the Healdsburg Tribune in May the majority of the donations the organization receives are from people in the business community.

CAMPAIGN NOTEBOOK

Petaluma group files complaint over ‘Tell the Truth’ flier

Published: Wednesday, Oct 25, 2006

Advocacy group Petaluma Tomorrow has filed a complaint with the Sonoma County District Attorney’s office over a flier that appeared on local doorsteps this month from the organization “Tell the Truth.”

The flier, which analyzed past statements about the Rainier crosstown connector from mayoral candidates Mike Healy and Pamela Torliatt, accused Torliatt of “trying to mislead the voters of Petaluma about where she stands” on Rainier.

Petaluma Tomorrow president Larry Modell said the group believes the flier advocates against the election of Torliatt, which would make Tell the Truth subject to Petaluma’s campaign finance law.

That would mean the group would have to disclose its funding sources, which it has not been required to do in the past.

“If a judge agrees that this flier expressly advocates the election of one candidate and the defeat of another, which in our view it clearly does, then Tell The Truth is in multiple violation of Petaluma’s campaign finance law, and probably state law as well,” Modell said in a statement. “At a minimum, they will be required to report the source of their funding, which they have refused to do for years.”

Tell the Truth, operated by a board of directors and based in Santa Rosa, is organized as a “social welfare organization” and not as a political action committee. It does not endorse or oppose candidates and therefore is not subject to campaign-finance laws, Executive Director Jo Timmsen said.

“You can be involved with the political process without taking sides and we’ve never crossed that line — and certainly not with this piece,” Timmsen said of the mayor’s race flier.