CFB Votes on Enforcement Matters for Two Campaigns

08/15/2019

At today's public meeting, the New York City Campaign Finance Board (CFB) determined that two campaigns committed violations and assessed penalties for these violations. Both campaigns are from the 2017 election cycle. The Board determined that a third campaign from the 2017 election cycle must repay public funds. Refer to the tables below for details on these determinations. Video from the meeting is available at nyccfb.info/live.

Other actions taken by the Board at today's meeting include the following:

Vote to Issue Advisory Opinion

The Board voted to issue Advisory Opinion 2019-1 clarifying that candidates who select "Option A" for the 2021 election cycle are required to refund the portion of any contribution that exceeds the "Option A" contribution limit, regardless of the date that the contribution was received. Local Law No. 128 of 2019 amended the New York City Campaign Finance Act to require Option A candidates in the 2021 election cycle to refund the excess portion of any contributions received prior to January 12, 2019 that exceed the Option A contribution limits. It is clear from both its plain meaning and legislative history that the statute should be interpreted to apply the Option A limits to contributions received prior to January 12. Fundraising expenditures associated with previously-raised contributions that are required to be partially refunded as a result of this legislative change will not be deducted from the 2021 expenditure limit calculation. However, the cost of obtaining bank checks for the purpose of making such refunds will be deducted from the 2021 expenditure limit calculation, provided that the refunds are issued on or before January 15, 2020. Advisory Opinion 2019-1 was issued in response to an advisory opinion request from the Stringer for New York campaign received by the Board on July 22, 2019

Vote to Adopt Amendments to the Board Rules

The Board voted to adopt amendments to the Campaign Finance Board Rules. These amendments relate to disclosure, contributions, expenditures, public funds payments, disclosure of independent expenditures, and various other aspects of the New York City Campaign Finance Program. The amendments are being made to clarify and update content to help support public understanding and compliance with the Board Rules. The amendments were issued for public comment on April 18, 2019. 
 

Recognizing Campaigns that Maintained Compliance with NYC's Campaign Finance Law

Starting with the 2017 election cycle, the Board is recognizing campaigns that completed the post-election audit process without any violations or penalties assessed by the Board. At today's meeting, the Board applauded the following candidates and their campaign staff for their diligence in running campaigns that maintained compliance with NYC's campaign finance law. Ten of the fifteen candidates recognized today were first-time candidates in 2017.

Completed Audit Process Without Violations or Penalties Assessed by Board

Candidate

Treasurer

Office / District

Program
Participant

Public Funds
Received 

Michael Tolkin Navneet Sodhi Mayor No N/A
Juan Carlos Polanco Juan Carlos Polanco Public Advocate Yes $0
Gale Brewer Melissa G. Seawright Borough President (Manhattan) Yes $121,758
James S. Oddo Marie R. Carmody-LaFrancesca Borough President (Staten Island) Yes  $60,976
Jennifer Berkley James F. Lampidis City Council (District #40) Yes $0
Joseph Borelli Jessica L. Rios City Council (District #51) Yes $96,610
John Cerini Grace M. Cerini City Council (District #13) Yes $82,747
Raimondo Denaro Maureen J. Daly City Council (District #47) Yes $40,722
Amanda Farias Flor Tejada City Council (District #18) Yes $85,487
Dianne Mack Nathaniel Reynolds City Council (District #9) Yes $0
Keith Powers Gregory W. Kirschenbaum City Council (District #4) Yes $194,291
John Quaglione Kristofer Graham City Council (District #43) Yes $198,737
Justin Sanchez Miles Burnett City Council (District #14) Yes $72,333
Steven Saperstein David Treyster City Council (District #48) Yes $100,006
Paul Vallone Vito Tautonico City Council (District #19) Yes $179,971


Violations and Penalties
(for details, follow the link in the Total Penalties column)

Candidate
(Election Cycle)

Office Violation Penalty Total Penalties

Margaret Chin
(2017)

Treasurer:
Yee Stacy Shau

Public Funds Received: $200,200
 
City Council
(District #01)
1. Exceeding the expenditure limit $3,235 $3,235
 

Candidate
(Election Cycle)

Office Violation Penalty Total Penalties
Pierre Gooding
(2017)

Treasurer:
Torrell Gooding

Public Funds Received: $0

City Council
(District #09)

1. Accepting a contribution from a corporation  No Penalty $5,572
2. Filing late disclosure statements $285
3. Failing to provide bank statements $50
4. Failing to document expenditures  $5,000
5. Commingling campaign funds with personal or business funds or funds accepted for a different election $237

Public Funds Repayment

Candidate
(Election Cycle)

Office

Public Funds
Repayment

Mark Treyger
(2017)

Public Funds Received:
$99,850
 
City Council
(District #47)
$4,823.05*
*Represents the campaign's remaining bank balance. The final amount is subject to change pending review of documentation submitted by the campaign.


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