The Mirror

TATTLETALE: Radio Host Raises Ethics Q’s In California Congressional Race

Betsy Rothstein Gossip blogger
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Conservative radio host and California businessman Ed Hoffman is raising serious concerns with the House Ethics Committee about a campaign worker for Rep. Mark Takano (D-Calif.). Takano, the first openly gay Asian member of Congress, represents California’s 41st congressional district. On Tuesday he faces Republican challenger Steve Adams, a Riverside councilman.

The district is reportedly safe Democrat. In 2012, Takano won handily with 59 percent of the vote.

The aide in question is Gisel Aceves, Takano’s Washington Director of Operations, who has also been working on his campaign.

The charges leveled by Hoffman, who owns a mortgage lending company in the district and hosts a program called “The Main Event” on AM 590, are as follows:

  • Using her personal finances to buy things for the campaign. Payment records shown to The Mirror indicate that she was reimbursed 3 different times. (From the House Ethics manual, pg. 139: “An employee of the Member’s congressional office may not purchase the items with her own money or a personal credit card, even if the campaign makes arrangements to reimburse her promptly.”)
  • Showing up to campaign events midweek and traveling to and from Washington midweek, when she should be in D.C. Has taxpayer money been used to pay for her travel expenses in order to campaign for her boss? (Writes Hoffman, “These handfuls of events have taken place in Southern California during the middle of the workweek. Because Ms. Aceves is a full-time Capitol Hill Congressional Staffer, she should be performing her duties in Washington, D.C. five days a week.”)
  • Hosting a fundraiser for Takano at Barcelona Wine Bar in D.C. (House Ethics rules don’t allow a campaign employee to make “in-kind contributions” to a candidate’s campaign.)

The Mirror emailed, phoned and texted the Takano and Adams campaigns for comment. Takano spokesman Justin Strekal said “the reimbursements in question were travel related, which is listed as an exception under ethics rules.” He sent along relevant graphs from House Ethics Manual with the second graph highlighted in yellow.

In particular, staff members should be aware that under FEC regulations, most outlays that an individual makes on behalf of a campaign are deemed to be a contribution to that campaign from that individual.26 This is so even if it is intended that the campaign will reimburse the individual promptly. The major exception to this rule is for outlays that an individual makes to cover expenses that he or she incurs in traveling on behalf of a campaign.27

Accordingly, a House employee should not make any outlay on behalf of the employing Member‘s campaign, other than outlays for the employee‘s personal travel expenses that are consistent with the FEC regulations, or for another purpose that is deemed not to constitute a contribution under FECA or the regulations.28

 

Adams spokesman Lou Desmond, meanwhile, sent a statement: “While we’re deeply saddened to learn the publics trust has been betrayed by Representative Takano and his Congressional Staff, we believe a full investigation by the Committee on House Ethics will restore confidence in our elected officials and the necessary actions will be taken by those on the committee.”

Reached by phone in Hawaii, where the tattletale is vacationing, Hoffman said he’s raising concerns about Takano’s aide because he believes in the fairness of election laws. He also can’t, ahem, stand the thought of Takano being in office for another two years.

“Cause I don’t like the way Takano does things,” Hoffman told The Mirror. “The federal government has rules we have to live by and he makes up his own rules.”

Hoffman bemoaned the high taxes he pays and his profession being tightly regulated by the feds.  “The new congressman has been in there two years and he thinks he doesn’t have to obey the the rules,” he said.  I have to obey the rules, he has to obey the rules.”

The radio host has other issues with Takano. He says the congressman never campaigned on being openly gay, but insists it was the first thing he talked about when he reached Congress.

“Don’t give me a congressman who campaigns on one thing and then gets in there and works on LGBT parades,” he said. “It’s all about the whole gay agenda. If that’s how he wants to live his life, that’s fine, but obey all rules.”

Asked why he sent a letter to the House Ethics Committee just six days before the election, he said, “That’s when I heard about it.”

Hoffman, who said he made sure to vote before he left for the beach, returned again and again to basic fairness. He said he has donated to a bunch of candidates and even offered to advertise them on his highway sign. He backed off after being told it may surpass what he’s allowed to contribute.

“Hey if everybody has to obey the rules, then everybody has to obey the rules,” he said. “I think there are too many rules,” he said, noting that the current congressman has a different philosophy concerning rules: “The rules are just for the books, just don’t get caught breaking them.”

See Hoffman’s letter to the Ethics Committee…

October 30, 2014

The Honorable K. Michael Conaway Chairman

The Honorable Linda T. Sanchez Ranking Member

The United States House Committee on Ethics 1015 Longworth House Office Building Washington, D.C. 20515

Dear Chairman and Ranking Member,

I am writing you this letter on behalf of the citizens of California’s 41st Congressional District. It has been brought to my attention that Representative Mark Takano (D- Riverside) could potentially be violating the House Committee on Ethic’s policies regarding Congressional staffers working for the federal government and his 2014 reelection campaign.

Rep. Takano’s Washington, D.C. Director of Operations, Ms. Gisele Aceves, has been an official Congressional staffer since January 2013. During January 2013 – June 2014, Ms. Aceves was receiving dual payment from both Congress and Rep. Takano’s campaign.

On Monday, December 2, 2013, Ms. Aceves received a reimbursement payment from Rep. Takano’s campaign in the amount of $113.50. According to the House Ethics Manual pp. 139, a Congressional staffer is not allowed to use his/her personal credit card to make purchases on behalf of the campaign. “An employee of the Member’s congressional office may not purchase the items with her own money or a personal credit card, even if the campaign makes arrangements to reimburse her promptly” (pp. 139).

Ms. Aceves hosted a fundraiser for Rep. Takano on Thursday, February 25, 2014 at the Barcelona Wine Bar in Washington, D.C. From my understanding of the House Committee on Ethic’s policies, this would be considered an in-kind contribution by Ms. Aceves to Rep. Takano’s campaign. According to the House Ethics Manual pp. 137-139, Ms. Aceves is not, under any circumstances, allowed to contribute monetarily to Rep. Takano’s reelection campaign.

On Wednesday, May 28, 2014, Ms. Aceves phone banked on behalf of Pete Aguilar, who is running in California’s 31st Congressional District. On Saturday, May 31, 2014, Ms. Aceves and Rep. Takano precinct walked in California’s 31st Congressional District on behalf of Pete Aguilar. On Monday, July 7, 2014, Ms. Aceves caught a flight “home,” where she sat next to Rep. Raul Ruiz. As recently as Thursday, October 23, 2014, Ms. Aceves attended a campaign event where Rep. Takano debated Steve Adams.

These handfuls of events have taken place in Southern California during the middle of the workweek. Because Ms. Aceves is a full-time Capitol Hill Congressional Staffer, she should be performing her duties in Washington, D.C. five days a week.

Because of the lack of consistency in Ms. Aceves schedule, I believe the people of the 41st District deserve to know whether or not Rep. Takano has utilized taxpayer funds for Ms. Aceves’ travel to and from Washington, D.C. to carry out campaign activity, if Ms. Aceves took a leave of absence to work on Rep. Takano’s campaign and if Ms. Aceves has violated any of the Committee on House Ethics’ guidelines and rules.

As a Member of Congress, Rep. Takano took an oath to protect and represent the people in the 41st District. I believe the House Committee on Ethics should thoroughly investigate these claims and let residents in the District know whether or not Rep. Takano is adequately doing his job.

Sincerely,

Ed Hoffman, President Wholesale Capital Corporation