Measure A Campaigns Ramp Up, Donations Called Into Question
May 15, 2022 08:57PM ● By Jeanne Fratello
Opposition Campaign Funding Murky
A yard sign and literature campaigning against Measure A.
Opponents of Measure A have distributed lawn signs under the name WeTheParentsMB with a line that reads "Sponsored by" and then an anonymous email address.
The "WeTheParentsMB" group has also printed and distributed at least one flyer that only offers the anonymous email address as attribution.
Two Manhattan Beach residents have filed complaints with California's Fair Political Practices Commission (FPPC) against the group for failing to properly disclose campaign finance information.
One of the complaints, filed by resident Michael Sinclair (also the proponent of Measure A), points out that yard signs from WeTheParentsMB have been distributed around town (and at a May 9 event at the Joslyn Center) without a campaign committee name, identifying FPPC registration number, or identifying information beyond the anonymous email address. (Click here to download the complaint.)
Further, Sinclair's complaint cites two emails from WeTheParentsMB that have been circulated without identifying information. Some emails sought donations for the lawn signs.
"The whole purpose is, we [the Measure A campaign] are following the rules, we are registered with the FPPC, we are doing this by the book," said Sinclair.
Sinclair added that he welcomed opposition voices, "But if someone wants to jump in, they have to follow the same rules."
Another complaint was filed by resident Allen Kirschenbaum. Kirschenbaum said he also filed the complaint because the yard signs and flyers are being distributed anonymously, without an FPPC number or identifying information, in violation of public campaign rules.
WeTheParentsMB has not publicly identified any leaders or members. The group was active well before Measure A, criticizing MBUSD via emails over a range of social issues, including diversity programs and certain books.
When contacted by way of the anonymous email address, the group did not respond to MB News requests for comment on the FPPC complaints or related Measure A campaign funding questions.
Manhattan Beach City Councilmember Joe Franklin, who spoke on behalf of the "no" campaign at an event at the Joslyn Center last Monday, where the WeTheParents "no" signs were being distributed, told MB News, "I have no involvement with them."
Franklin also said that he did not know who paid for a two-sided "Please Vote 'No' On Measure A on June 7" mailing that had his name listed on it, among others.
The lack of transparency on the "no" side has raised questions from the citizens' group that drafted Measure A.
“You can have all the free speech you want to advocate a position,” observed Wysh Weinstein, co-chair of MB Citizens for Schools. “But once you are raising and spending money, there are laws that apply. Saying you are 'grass roots' does not mean you can violate the law. If money has been collected or spent, which clearly it has on flyers and yard signs, an FPPC number must be filed formally and listed on all materials."
"Every voter is entitled to know who is really behind any candidate or any side of a measure," continued Weinstein. “As supporters, we [the Measure A campaign] are following all the rules. You can see who supports Measure A, and we will tell you why. Anonymous campaigns that hide their funding break the rules, and should make voters suspicious of their honesty and motives.”
'Yes' Campaign Garners Support
Meanwhile, the "Yes" side has raised more than $98,000, as reported to the FPPC.
“We really feel the momentum and energy from all over, but campaigns cost money, and we are honored that we have been able to collect sufficient resources to have a chance to succeed," said Angie Smith, co-chair of MB Citizens for Schools.
The largest individual contributor to the "Yes" side thus far, having given
$7,500, is Manhattan Beach resident Michael Greenberg, co-founder and president of Skechers, USA. Greenberg was also among the signers of the ballot pamphlet argument in favor
of Measure A. Several other donors gave $5,000 each, including
proponent Michael Sinclair and other leaders of the campaign.
The largest single contribution was $49,999 from the Manhattan Beach Education Foundation, the local nonprofit organization. [MBEF gave $5.3 million in grants to Manhattan Beach schools for the 2021-22 academic year.]
As a 501(c)(3) nonprofit organization, the group generally cannot give to partisan political campaigns, but is legally allowed to contribute to issue advocacy and initiative campaigns like the Measure A parcel tax. MBEF has contributed to past parcel tax campaigns as well.
MBEF Executive Director Hilary Mahan said in a statement to MB News, "Just as other high-performing
districts rely on parcel taxes to bring essential local funding to
adequately support education, education foundations also support these
efforts with campaign contributions.
The MBEF Board of
Directors voted to support the Measure A campaign with funding in the
same way that it supported the Measure MB campaign, as it aligns with our
mission of creating strong schools. The expenditures
to support the campaign for Measure A to bring essential funding to our
schools are less than 1% of the annual budget."
Mahan continued, "The MBEF Board of Directors is proud to stand with our schools and continue our efforts to ensure that our students continue to be empowered with high-quality programs in our community schools. Any suggestions that this is illegal, or unethical, are preposterous."
MBEF is not the only education foundation to contribute to parcel tax campaigns, according to information the group has compiled. There have been at least nine other education foundation donations to parcel tax campaigns since 2014. In 2017, the Arcadia Education Foundation donated $75,000 to a parcel tax campaign, representing 90% of the budget from that campaign. And in 2022, the Hillsborough Schools Foundation donated $49,999 to a parcel tax campaign, representing 77% of the budget from that campaign.
FPPC Rules and Regulations
The Fair Political Practices Commission is a five-member independent, non-partisan commission that has primary responsibility for regulating campaign financing, conflicts of interest, lobbying, and governmental ethics.The FPPC has established a series of regulations for all of the filing requirements for committees supporting or opposing ballot measures. A person or entity qualifies as a committee under the Act if they receive contributions for political purposes of $2,000 or more per year; or if they make independent expenditures on California candidates or ballot measures of $1,000 or more per year.
(A simplified version of those regulations can be found here.)
The FPPC lists as violations (among others) of the Political Reform Act:
Inadequate, untimely, or no filing of required campaign statements and reports
Improper campaign reporting
Improper receipt of campaign funds, including receiving funds from anonymous sources and contributions in excess of limits
A group that raises $2,000 in money or the equivalent value of non-monetary goods and services must file Form 410 within 10 days.
Each violation of the act is subject to an administrative fine of up to $5,000, and some advertising disclaimer violations can be fined up to three times the amount of the advertisement.A public debate on Measure A will be held at Shade Hotel on Monday, May 16, at 7:30 p.m. Doors will open at 7:00 p.m. Seating is limited.
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Disclaimer: MB News publisher Dave Fratello is one of the signers of the official ballot argument in favor of Measure A. Editor Jeanne Fratello is a 13-year Manhattan Beach PTA member who has made multiple trips to Sacramento to advocate for funding for Manhattan Beach public schools.
