The apparent announcement by the Dolores Otting campaign that they will cancel her fundraising raffle and refund all contributions made in consideration for raffle tickets is an acknowledgement that the raffle was illegal.
Specifically, from what I understand the raffle violated the following seven laws;
1. Violation of Penal Code Section 320. The raffle itself was illegal. Political campaigns are specifically not defined as “eligible organizations” under state law for purposes of conducting a raffle.
2. Violation of Penal Code Section 320.5 (C) (f). This section states “A raffle may not be advertised, operated, or conducted in any manner over the Internet, nor may raffle tickets be sold, traded, or redeemed over the Internet.” From September 9-October 20, Dolores Otting’s web site advertised the raffle and provided a down load to a raffle entry form.
3. Violation of Penal Code Section 320.5 (C) (h) (1). This section states “An eligible organization may not conduct a raffle authorized by this section unless it registers annually with the Department of Justice”. In addition to not being an “eligible organization” this raffle was not registered with the Department of Justice.
4. Violation of Newport Beach Municipal Code Section 1.25.030 (Count 1). The fair market value of the six day Honolulu vacation offered as a raffle prize exceeds the $500 contribution limit of the Newport Beach Code.
5. Violation of Newport Beach Municipal Code Section 1.25.030 (Count 2). The fair market value of the Cancun vacation, which includes “economy airfare for two, two free nights in a five star hotel and round trip ground transportation to Cancun International Airport” exceeds the $500 contribution limit of the Newport Beach Code. (Airfare alone is approximately $500 per person).
6. Violation of the Political Reform Act. The source and fair market value of the Cancun vacation have not been reported in accordance with the provisions of the Act. This is now more than two weeks since Ms. Otting assured voters that disclosure would be forthcoming.
7. Making false statements under penalty of perjury. On October 6, 2008, Dolores Otting signed her FPPC Form 460 attesting to the following statement “I have used all reasonable diligence in preparing and reviewing this statement and to the best of my knowledge the information contained herein and in the attached schedules is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct”. This report listed a $495 in-kind donation of the Honolulu vacation by “Lesna Orozco”. Public statements by Linda Orozco confirm that the donation of the vacation was solely by Linda Orozco and that Lesna Orozco did not make any contribution of value to the campaign. This makes the reported donation a false statement.
So tomorrow is a big day for our country and our city. And in both cases, the votes seem obvious to me.
Monday, November 3, 2008
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3 comments:
I must say that I'm very disappointed in the outcome of this...
...I was really looking forward to the possibility of winning that trip to Cancun...never been...
Very disappointed...
And shame on all of you for denying a hardworking peon that opportunity...
What I meant to say was that I am very disappointed that Dolores was forced to cancel the opportunity drawing...for those who actually care what I have to say...
As soon as Dolores was made aware of the allegations in regards to the raffle, she pulled it off line and returned all monies involved. DONE.
IT IS ABSURD TO EVEN COMPARE DOLORES OTTING TO KEITH CURRY. SHE IS FOR OPEN TRANSPARENT GOVERNMENT.WHAT YOU FAILED TO MENTION IS THAT THE COMMITTEE TO RE-ELECT KEITH CURRY IS BACKED BY REHAB OPERATORS. CHECK HIS DONATIONS. MR. DENNIS O’NEIL, THE SAME DENNIS O’NEIL WHO WAS A FORMER MAYOR AND NOW AN ATTORNEY AND ADVOCATE FOR SOBER LIVING BY THE SEA. THAT IS JUST ONE, CHECK OUT THE REST OF HIS CONTRIBUTORS.
THEN YOU HAVE SCOTT BAUGH ,WHO WAS MAKING $240,000 A YEAR LOBBYING ON BEHALF OF SOBER LIVING BY THE SEA(OF COURSE UNTIL HE WAS FOUND OUT AND IMMEDIATELY RESIGNED) ENDORSING KEITH AND SPENDING REPUBLICAN FUNDS TO BASH DOLORES OTTING, ANOTHER REPUBLICAN. WHY?
When Keith Curry was asked several times at City Council meetings if he had a conflict of interest in regards to the group homes issue, HE SAID AND DID NOTHING FOR TWO YEARS! NEVER REVEALING THE TRUTH WHICH WAS; WHEN THE ORDINANCE WAS BEING FOUGHT FOR BY THE RESIDENTS, HE WAS OUT STUMPING FOR MITT ROMNEY PURSUING HIS OWN POLITICAL AGENDA. THE SAME MITT ROMNEY WHO FOUNDED BAIN CAPITAL, BAIN CAPITAL WHO OWNS CRC HEALTH GROUP. THE LARGEST GROUP HOME OPERATOR IN THE NATION, WHICH BY THE WAY OWNS SOBER LIVING BY THE SEA, THE BIGGEST PERPETRATOR OF NEWPORT. HE CONTINUES TO ATTACK THE RESIDENTS FOR COMING FORWARD AND TRYING TO PROTECT OUR NEIGHBORHOODS, HE SLANDERS THE RESIDENTS FOR A LAWSUIT WHICH HE FORCED THEM TO FILE BECAUSE HE DID NOT DO HIS JOB THEN TAKES CREDIT FOR THE SAME ORDINANCE. THE ORDINANCE WHICH THE RESIDENTS WERE FORCED TO PAY FOR AND HE IS NOT EVEN USING!!!! ONCE AGAIN OUR COUNCIL IS NOT USING THE ORDINANCE. THEY ARE CUTTING BACK ROOM DEALS WITH THE OPERATORS WITH OUT PUBLIC PROCESS AND REVIEW. ILLEGAL.
WHEN CITIZENS PLEADED FOR HELP WITH THE HORRENDOUS NEGATIVE IMPACTS FROM THE GROUP HOMES HE DID NOTHING BUT MISLEAD AND NOT BE TRUTHFUL.
DOLORES IS HONEST AND RESPONSIVE; HE IS A SELF PROMOTING PROFITEER AT THE EXPENSE OF HIS CONSTITUENTS. LET’S NOT FORGET HIS CURRENT CONFLICT OF INTEREST, PFM. PFM IS THE MANAGER OF $29,794,001 OF NEWPORT BEACH TAXPAYERS FUNDS. HOW MUCH DOES KEITH MAKE OFF OF THIS CONFLICT OF INTEREST?
DEAR SIR, YOUR POINTS ARE PETTY, ESPECIALLY IN LIGHT OF WHAT IS HAPPENING IN OUR NEIGHBORHOOD AND OUR NATION. YOU WOULD BE SMART TO TAKE YOUR BLINDERS OFF, IF PROP 5 PASSES YOU MAY BE LIVING IN A BLOCK COMPLETELY FILLED WITH CRIMINALS. THESE REHAB GUYS HAVE BEEN MAKING POLICY IN OUR CITY GOVERNMENT LONG ENOUGH. OUST KEITH CURRY AND STEVE ROSANSKY.
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