If what's alleged is true, Kydd is guilty of some really sloppy rookie mistakes. He allegedly created his own political action committee to spend less than $5000 of his own money on ads in his own newspaper, and failed to include the correct disclosures and file the right paperwork about it.
Moral of the story: don't bring money into politics unless it's Big Money, and you have high-priced advisers to make sure you do everything by the book.
UPDATE: Here's some background on Ken Moser, who the U-T named as being behind the complaint. He seems to be something of a career litigant:
Moser, a Republican, does have a litigious history. He’s been a part 163 lawsuits during the last 15 years, most in small-claims court. He’s filed suits against former City Councilmember Scott Peters, City Council candidate Tom Behr and San Diego Community College Trustee William Schwandt, all Democrats. Moser said most of the cases he’s filed were against companies that spammed his fax machine and that he’s won 95 percent of them.Moser was an unsuccessful candidate for San Diego City Council in 1991.
Anyone who helped Stocks get kicked out is a hero in this town!
ReplyDeleteTrue, that!
DeleteThat is true! Huge improvement for the future of Encinitas. Next $tock$ in $heep's $kin- Ga$par.
ReplyDeleteYour out!!!
We need to go after $tock$ in $heep's $kin- Ga$par's PAC. They are as corrupt as they get. Remember last year!!!
ReplyDeleteJim Kydd is a town hero. $tock$ supporters including Ga$par are the town sellouts. Its that simple.
True - how utterly true!
DeleteGa$par was $tock$ backup replacement, put there by the special interests that have this city in a stranglehold. They now want to hobble Kydd prior to the next election, so he can't stand in their way by revealing the truth about the sordid inner sanctums of the power brokers. They saw what the power of the press can do in thwarting their plans of domination.
DeleteStocks used Moser for some "marketing" work when he campaigned. Moser has a long, long history of litigation and what SD CityBeat even called harassment: http://www.sdcitybeat.com/sandiego/article-6763-harassing-hueso.html.
ReplyDeleteI guess we all have to make a living somehow....
Yeah, this guy is a robocall specialist, who no doubt works for the Stocks/Bonds/Gaspar axis...
Deletehttp://ww.uniontrib.com/uniontrib/20060914/news_1m14acle.html
Reading the complaint, and thanks WC, for providing that link, it appears that the FPPC has sued Jim Kydd and EncinitasElection.com. No other names are mentioned in the FPPC lawsuit. The UT article states that Moser and Eiler complained about "dozens" of violations by Jim Kydd and two others through the Encinitas Project Commitee for Prop. A.
DeleteNeither Encinitas Project Committee nor any other individuals are named in the FPPC lawsuit. I am wondering if there is a separate, private lawsuit filed by Moser/Eiler?
Moser's MO is to file under the "Private Attorney General Act," which allows private individuals to file lawsuits on behalf of the general public's interests. He abuses this law, to vexatiously harass those with whom he disagrees, politically.
A sharp attorney should be able to demonstrate that Moser/Eiler are using these lawsuits as political retribution, to stifle free speech, and that there is a pattern of abuse, whereby only those of certain political parties are accused, even in those cases when the FPPC has been notified, and has declined to pursue mistakes in disclosure which are subsequently rectified.
I can see how it would be very confusing re a newspaper publisher's advertisements. Editorials and news articles are NOT to be considered as "in kind contributions."
As far as I can understand, the primary allegation appears to be:
"Defendant Committee failed to provide a statement on its bumper stickers indicating that the stickers were not authorized by a candidate or a committee controlled by a candidate in violation of Government Code section 84506.5"
So that was the "rookie mistake" to which WC appears to be referring. The bumper stickers were to have stated that they were not authorized by the Committee, which I believe was formed AFTER the stickers were distributed? This law is all confusing. That is why I had advocated for an Ethics Commission, which could help, during General or Special Elections, so that all concerned parties could better understand disclosure requirements.
Lisa Shaffer, whom I understand taught ethics, and who pushed through some UNWANTED changes on City Commissions, failed to advocate for an Ethics Commission or Ethics Committee, despite repeated requests from the public dais, and in e-mail communications. How ethical is that?
There are a total of six causes of action. Above, I have referred to one of them. But, allegedly, Jim Kydd, through the Election Committee, also did not timely file campaign disclosure statements, and did not correctly identify that advertisements in favor of Prop A were independent of the Committee, and on and on.
DeleteAll of these are technicalities, which were obviously misunderstood or unknown to our local hero, publisher of the Coast News.
What plaintiff would have to prove is that defendant intended to deceive or that defendant was negligent. I don't know if a jury is a possibility, but because someone is mistaken, does not automatically prove negligence, especially to the public. There seems to be a very uneven system of justice being perpetrated here, where the little guy is attacked, and BIG LOBBYISTS, PACs, get off scott free, with little or no disclosures required, and abundant funds for high priced, well-connected attorneys.
To me, everything became more complicated after the Election Committee was formed, because grassroots political committees have much greater disclosure requirements than do individuals(or corporations).
Again, much of the confusion about filing could have been cleared up by an ad hoc subcommittee or an Ethics Commission, which could distribute clarifying literature re any kind of political campaigns, or lobbying by non-profits.
Lynn, maybe you should represent Jimmy the Kid!
DeleteTrying to bury the Whistle blower - the crooks strike back to silence the "leak".
ReplyDeleteThere is no silencing of the leak. The information about the suit is public, actually forcibly inserted last night into a completely unrelated blog thread.
DeleteSo now people are just reacting. Sounds like some basic campaign reporting didn't happen, if the allegations are true. That will be dealt with in the legal system.
But any violations or oversights doesn't change the fact that most people are still thrilled that Stocks was crushed in the election and that he is off the bully dais..
Harry Eiler and Ken Moser, the two complainants named in the UT article, are the same ones who harassed Maggie Houlihan with numerous complaints to the FPPC. Eiler lives in Encinitas and is the front. A local resident is needed to file the complaint. Moser lives in Mira Mesa and is the grunt. He does all the work in filing the complaint. They don't do the work as a civic duty. They expect to recover their costs through a subsequent civil lawsuit filed by themselves. There are probably financial backers to get them started.
DeleteAmen! I'm sure Jim may not have filed all the correct paperwork, but this is straight up payback for him going after Stocks.
DeleteIn other words, don't go after Gaspar this time....
"Leak" as in disclosure of the motivations of the power elite and the elimination of their stooges ;ie, $$tock$$
DeleteKen Moser is a freaking dip sh-t. Making a career suing people and not even being a lawyer. That is the scum of the scum.
DeleteBloggers can you say HYPOCRITES! It's "rookie mistakes" - no it LIES and COVER-UPS by Jim Kid.
ReplyDeleteI recall that Marco Gonzalez attacked Gaspar and her husband for their "I Love Encinitas" campaign in a similar FPPC violation. I'm not sure who emerged looking good in that situation.
ReplyDeleteThe Encinitas community has been so bombarded by biased information for so many years, I think that these tactics are starting to lose their effectiveness.
The part of the story that concerns me the most is that out of town interests are messing in our small town politics! What would cause anyone to spend this amount of time and energy in a place where they don't even live? Why was almost $100,000 from Rancho Santa Fe, Los Angeles, and out of state spent against Prop A, a local Encinitas issue?
I don't know that Marco actually filed suit against "We love Encinitas?" or the Gaspars? I doubt any suit was actually filed. As I recall someone from Coast Law Group did help to track down some of the filings that were made, and under whose name(s) they were made.
DeleteCoast Law Group, through a Coast News article, did provide information. That's far different than filing a complaint with the FPPC, but I could be wrong on that. I only read about the "exposure" of Paul Gaspar having filed documents re We Love Encinitas, not about any actual violations, at the time.
What is of more concern to me is that several non-profit business associations in this City, in conjunction with a political action committee, lobbied against Prop A, They've also lobbied for lane elimination for motorists on North 101 and for roundabouts, in the past, and ongoing. These non-profits ARE allowed to lobby for or against initiatives, and for local projects, but they are to REPORT their lobbying on their Federal Tax forms, as well as on campaign disclosure forms, which I believe are provided by the City Clerk, re campaign activities.
It doesn't seem fair, or legal, for the "bell to have been rung," that is the flyers went out with endorsements AGAINST Prop A by all the 101 Mainstreet Associations, and the Encinitas Preservation Association, all city sponsors/subsidiaries, with one member of a board of directors, Doug Long, helping to physically distribute flyers, and with another Director, Peder Norby on the State of the City Committee, along with Gus Vina, and others in their public/private partnership.
Then these various non-profit developer/real estate associated groups all denied that their logos were used with their permission? Just as ALL of Council came out against Prop A, and their images were used "without their permission?" There should be some kind of liability against the PACs who produced the campaign materials for using non-profit logos and using members of their Boards of Directors to deliver the "illicit" flyers, which included Council Members, who ALSO allegedly had not given their permission for use? That seems like a MUCH GREATER violation than a local publisher, or local grassroots activists allegedly not correctly reporting some "in kind" contributions? If someone, including a publisher, pays out of his own pocket for advertising expenses, in his own newspaper, I don't see how that can be a violation?
Moser may feel he's on his "high horse," that he's been "proven right" 95% of the time (in the past). But surely, he is ready for a fall. He hasn't been "proven right," people have settled, because doing so is less expensive than the atrocious legal fees that are involved in cases that drag on and on, while they attempt to defend themselves.
I hope sometime, someone with deeper pockets can afford to countersue Moser for malicious prosecution, being, by definition, a "vexatious litigant." I believe that Moser is now mainly NOT filing these nuisance lawsuits in small claims court any longer. That way he can seek higher attorney fees, and avoid being labeled as a Vexatious litigant by the courts, as per the City Beat article, because that is applicable, technically for small claims cases.
The deeds were already done. Lobbying activities by 101 Mainstreet Associations and the EPA should be reported; I hope they were, even if "after the fact."
Outside lobbyist - R U out of your mind - ALL FIVE ELECTED COUNCIL MEMBERS opposed Prop A.
DeleteFPPC files suit against Encinitas publisher
ReplyDeleteThese kind of lawsuits are so disheartening. Ken Moser is not a a North County local. He is from San Diego, and apparently makes it a regular practice to repeatedly file these kinds of malicious lawsuits, for political reasons.
The Coast News also provided front page coverage of the No on A campaign, as well as Yes on A. In any case, this lawsuit certainly appears to abridge the defendants' freedom of speech, as well as freedom of assembly.
Because a political committee was formed, should not mean that every action done by individuals must fall within the committee, or be reported as a contribution. Also, if disclosure errors are made, they should be allowed to be corrected, just as mistakes can be corrected on our individual tax returns. This should be the case for all political action committees and committee members, so it's not being hypocritical to suggest this.
Some PACS have HUGE, deep pocket sponsors, and do have advisers to show them how to do everything by the book. Laws are crafted by lawyers, too often so that only lawyers know how to follow them, without error.
I truly hope that the defendants won't have to spend an ungodly amount of money and time defending against this nuisance lawsuit, filed by those whom many consider to be frequent, malicious litigants, attempting to squelch our inalienable rights. The conflict of interest laws were not set up to stifle our First Amendment Rights.
I'm pretty sure Mike and Jerome are gloating over this one. Unfortunatly this is an example of a national effort by chamber of commerce types and ALEC to make anyone who stands up to MONEY wish they never did. We'll see what happens when their political organizations face equal scrutiny. Anyone who dares to stand up to these thugs better make sure that the law is meticulously followed.
DeleteThe Cabezon
Next they'll be coming after anonymous bloggers and commenters!
DeleteI agree Lynn. Dalager should of been allow to return the kitchen sink, it was simply a misunderstanding.
DeleteDan Dalager was an elected official. He heard a case, before Council, that was a conflict of interest re the kitchen appliance charge. He heard a case before Council re an unreported loan he received. A criminal complaint for conflict of interest was brought by the District Attorney with three causes of action for conflicts of interest. Dalager plea bargained, and pled guilty for one charge. He was guilty of all three, and he knows it. Dalager's case was NOT a simple misunderstanding.
DeleteThat is an entirely different scenario than the current FPPC case.
I wonder how Doug Manchester gets away with using his newspaper , the UT, to propagandize whichever political side he is on? Kydd's was such a smaller scale, IMHO.
DeleteCome on, that is naiive. That is the power of the press (printed, broadcast, internet) throughout history in all countries, from all political sides.
DeleteSince someone brought up Dan Dalager, it was interesting to me that the Bank for which he worked, for which he was on the Board of Directors, while on Council, including as Mayor, I believe, and which bank some members of the community had come forward to complain he had pressured them, if they wanted to "do business" with the City, to get loans from, was the SAME BANK which loaned EPA 44% of the purchase price for the Boathouses. The rest of the money was mainly from City "in lieu" development fees, and I believe $5,000 tax deductible donation, as well, from one of the Directors.
DeleteThat Dan Dalager worked for the bank, and received non-public agency income from the bank was another case of his failure to disclose, which was another of the three conflict of interests charges. This charge and the loan Dalager received from someone who had business before Council were the charges that were both dropped in a plea bargain worked out through our outgoing (I hope) DA, Bonnie Dumanis' office.
Good point, Dr. Lorri. I wonder if another FPPC shoe is going to drop? One liberal (Kydd), one conservative (Manchester), two wrongs.
DeleteThanks to the city for placing ugly cactus in the medians of 101 in Leucadia. They sure are uglier than nasty ol' flowers.
ReplyDeleteumm, Lynn, the lawsuit was filed by the FPPC, not a nuisance lawsuit, filed by those whom many consider to be frequent, malicious litigants.
ReplyDeleteYou, the champion of transparency (when it works for you) and the spreader of rumors ( disparaging Rob Blough and civic leaders when it works against you ) are now calling the Fair Political Practices Commission the ultimate agency for transparency frequent, malicious litigants?
But getting your facts straight has never been your strong suit. Who cares if a person who buys ink by the barrel follows the law as long as they are a hero of yours?
I was talking about the complaint to the FPPC detailed in the UT article, filed by Ken Moser (and Harry Eiler). That is the source of those facts. Ken Moser's MO has been to file numerous nuisance lawsuits, in civil court, after first filing complaints with the FPPC.
Delete"The investigation was prompted after a complaint was filed with the FPPC by local residents Henry Eiler and Kenneth Moser . . ."
DeleteThis comment has been removed by a blog administrator.
ReplyDeleteLet's leave people's addresses out.
DeleteWCV
If you go to the FPPC website and do a search on "Ken Moser," someone of that name, along with the San Diego County Conservative Political Action Committee, were charged with 7 counts in 2000. Is there any relationship with this Ken Moser, who appears to live in East County and is working with Eiler?
ReplyDelete"Failure to File Campaign Reports:
Delete13. In the Matter of Ken Moser and the San Diego County Conservative Political Action Committee, #97/501. Staff: Counsel Deborah Bain, Investigator II Bill Motmans, and Accounting Specialist Bob Perna. Respondent Ken Moser and Respondent San Diego County Conservative Political Action Committee failed to file Semi-Annual Statement in violation of Government Code section 84200, and Pre-Election Statements in violation of Government Code sections 84200.5, 84300.7, and 84200.8. (7 counts). Approved on consent; $7,000 fine."
Might be the same Moser.
If this is the same guy who got in trouble with the FPPC 14 years ago, it would be sad to think that this is how he has made a living for the past 14 years, as Anon 7:14 was saying in jest, or so I thought.
DeleteIf these are the same guys who went after Maggie Houlihan, they might not find as many supporters in Encinitas as they imagine. The more that they target citizens and publishers who wish to exert their 1st Amendment rights, the more they make the people they attack into heroes. That is what happened with Maggie.
They are the very same.
DeleteSee 9:09 above. Sounds authoritative, says Moser lives in Mira Mesa.
ReplyDeleteCheck this pdf from 1991:
http://www.sandiego.gov/city-clerk/pdf/pamphlet910409.pdf
Says Moser was then a credit union services manager.
If you Google Ken Moser and sort one from the others, you can find a lot. For example:
http://sdrostra.com/?p=25651
No Kydding Jim Kydd should be applauded for what he did. Wish someone of his caliber would run for city council. Thanks Jim, Encinitas is behind you, unlike the former mayor.
ReplyDeleteThis is quite a problem for Jim. He doesn't want to pay, but if he appeals and all the identities of the check writers for Dump Stocks are revealed and the same former Supervisor who personally stopped the Coastal Commission from holding a Public Hearing on Prop A may be unmaksed: plus, you know there is more to come because Jim did exactly the same thing with Prop A ads last April and May.
DeleteAnd, if Jim just pays, either the UT or the new paper will go to court
and challenge his right to be sole publisher of the city's legal ads.
Everything comes to an end sometime.
So that's why that "new paper," aka rag, was established?
DeleteFormer Supervisor, aka Pam Slater? It's not like there's a lot of former Supes running around...
Delete6:44 is all innuendo, bluster, and invention, with a good dose of $tock$, mikey, and and a little moser n'eiler thrown in, to keep their handlers happy.
Delete"Everything comes to an end sometime." Hopefully, including your BS, 6:44.
DeleteBut truth is constant. Facts may change, but facts, always recorded in past tense, do not "come to an end."
The CCC didn't NEED to review Prop A, as no LCP amendment was required.
Pam Slater-Price lived in Encinitas, and represented our community, as supervisor, after she moved out of our city.
Jim Kydd is a good guy and a great community member. Because mistakes may have been made does not prove neglect.
The FPPC previously gave Barb Yost, a letter, with an official finding that Dump Stocks bumper stickers are protected free speech; they are NOT political campaign materials. I saw the letter, before the 2012 General Election.
Dump Stocks signs, for instance, could not be limited to being posted only one month before the election. Disclosure laws are not meant to limit free speech. Moser and Eiler are trying to hijack the system, for their own political and financial ends.
Their techniques are coercive, and corrosive of direct democracy. But Stocks never ascribed to that. He always insisted we are a Republic, with a Republican form of government. Stocks said we should elect our officials, then leave the decisions up to them.
Look what that got us, the whole pension fiasco, and, now, staff that doesn't do enough to understand and execute the law that the citizens VOTED to enact!
I hope that we have some local reporters who follow up on this story since it is important for everyone in Encinitas to know all of the players in this story. There are public records available online, but this is the type of story that should be investigated by professional jouralists who can fact check information and hopefully interview Mr. Moser and Mr. Eiler. It appears that posters on this blog think that Mr. Moser is not an Encinitas resident, so what is his interest in this case?
ReplyDeleteMoser appears to be a vengeful Republican who makes a hobby of hassling Democrats.
DeleteLooks like Moser and Eiler do this for a living. That qualifies them as slum-buckets, bottom feeders, ultimate nuisances to society. How do you file 163 lawsuits in 15 years? That's almost 1 lawsuit a month!
ReplyDeleteI'm sure the truth will all come out in the next edition The Coast News :)
ReplyDeletehow did the waste of time - Gus stall tactics until retirement - planning meeting go tonight?
ReplyDeleteNever heard so many say so little. Complete waste of time.
Deletefigured…. but hey Gus is 1 year closer to retirement. He will make his announcement this year and some other slob will need to address the real needs of the City.
DeleteThis City Council is a complete feel good do nothing but let a loser bad city manager steer Encinitas into further big DEBT.
I have an idea; lets borrow more money and take on other trophy project!?!!! Uggggg
Question is: who is paying Moser and Eihler to do their dirty work? If Moser is not from Encinitas, how can he sue under the "Private Attorney General Act" on behalf of the public on a local city election if he is not even from Encinitas? Pretty disgusting! Pretty shameful to claim to represent the interests of the voters while filing up his pockets from lawsuit proceeds.
ReplyDeleteMoser teams up with Eiler, who is from Encinitas.
DeleteDUMP COAST NEWS!
ReplyDeleteI just paid for an on line addition to Coast News. Jim Kydd is an Encinitas Hero.
ReplyDeleteDump Ga$par- $tock$ is sheeps clothing. Complete sell out to Developers and Special Interests at the expense of the existing residents and environment.
Ga$par's vision for encinitas is more people, more traffic, more pollution, more water demand, more crowded beaches, more employee pensions, more bars……. and less peace and happiness for the existing residents.
Next falls elections seem simple to me. Dump Ga$par!
Ga$par= $tock$ in sheep's clothing.
ReplyDeleteLets take out the trash in November!!!
This is another case where outside interests who "love" Encinitas as someplace to raid have underestimated our voting public. There are a lot of people who read this website and who are politically aware. This game may work in other places, but it is not going to work in Encinitas any more.
ReplyDeleteThis link is already circulating to people beyond the core readers, and it is just one more piece of proof that outsiders have a different vision of our city than people who actually live here and want to protect our character. I would not be surprised if big names in jouralism start write about this story since Encinitas is a unique place.
When Moser and Eiler tried to pin trumped up FPPC charges onto Maggie Houlihan, the result was that she became more and more popular as a result. It looks like they did not learn their lesson the first time.
This description doesn't sound like they get involved directly (i.e. "talk him down") in armed standoff situations.
ReplyDeleteFrom the County of San Diego Health and Human Services website:
Psychiatric Emergency Response Team (PERT) information provided by: County of San Diego Mental Health Services
PERT provides emergency assessment and referral for individuals with mental illness who come to the attention of law enforcement through phone calls from community members or in-field law enforcement request for emergency assistance. PERT pairs licensed mental health clinicians with uniformed law enforcement officers/deputies. Clinicians work out of individual law enforcement divisions and respond in the field with their law enforcement partners. The PERT team evaluates the situation, assesses the individual's mental health condition and needs, and, if appropriate, transports individual to a hospital or other treatment center, or referees him/her to a community-based resource or treatment facility.
Sorry, wrong thread. Please ignore. That's what I get for having two threads open at once.
DeleteEncinitas Undercover says the moral of the story is "don't bring money into politics unless it's Big Money ..."
ReplyDeleteThe --real-- moral of the story: Just run editorials in your newspaper. That's what you're a publisher for. That's what the First Amendment is about. Why all the smoke and mirrors when you have a Constitutionally protected outlet you already own?
My understanding is that his columist Mr. Audit was paid directly by Jim Kidd to write stories against his political opponents.
ReplyDeleteThere's nothing inherently wrong with that. Columnists are often paid, whether it's political or otherwise. That's not a campaign violation. That's a columnist offering opinion on an editorial page. Jim Kydd should've stuck to using his editorial pages to promote political change. I just can't see what good that "elections" site did him or anyone, including the candidates he supported.
DeleteThis comment has been removed by the author.
DeleteI know the Coast News offices are located in Moonlight Plaza but is Kydd an Encinitas resident?
ReplyDeleteSo what if he was or wasn't?
DeleteTouchy are we? I'm curious that's all. There seems to be great weight placed on people here whether they are a resident or not. I know he has a business here but is he a resident?
DeleteYes he is
DeleteAnd yet, one of the most active components of this last election and the the initiative is Pam Slater Price from Del Mar. Double standard?
ReplyDeleteSlater was on the Encinitas city council and is a former Mayor.
DeletePam lived in Encinitas for a long time and continues to care about the community. She was involved from the beginning of the city's formation. People who worked so hard to make us a city care a great deal about the work that they put in to create something exceptional.
DeleteMany citizens similarly love Encinitas and want to preserve the work those involved in its formation put into place. Otherwise, where did the the people who voted to pass Prop A all come from?
Pam still loves Encinitas but not enough to still live here you mean.
DeleteSo YES!
DeleteDouble Standard! Please don't complain in the future about other out-of-towners who participate in Encinitas' future: because your response above proves you have no integrity.
Slater-Price or Moser, they both equal out-of-towners.
Q: How do we know Moser didn't once live here, own here, rent here or do business here or was born here? And since when do we not care when a corrupt publisher is caught buying an election?
On the other hand, Ehlers and Delano fought WalMart moving into La Costa (Ehlers lives in O'Hain) and the result was WalMart ended up in Encinitas.
And let's not forget, Slater Price imported Sarah Wan from Malibu to scare the local Coastal Commission into not holding a public hearing on Prop A: then raced home to Malibu: of course, maybe Sarah once lived in Encinitas and still loves it?
So, maybe there is something to say about outsider involvement: and what about the multi-plex movie theater Ehlers personally stopped from being built in La Costa? Think about all that gas wasted driving to Edwards San Marcos. North Count Advocates, at its best?
As happens on this blog quite often, hypocrisy in spades and a general lack of critical thinking skills... almost like an ethics claiming politician using a relative's handicap parking plates to park in a handicapped parking place to shop at Trader Joe's when their relative is still on the coast: huh?
Love to hear that creatively ethical explanation, wouldn't you? Maybe next Wednesday under oral communication.
Spoken like a true shill for the MONEY people.3:44 Is a MONEY whore. Did you get your marching orders from ALEC?
DeleteIf 3:44 represents the intelligence level of the opposition, the good, caring people of Encinitas, and formerly of Encinitas, have nothing to worry about.
DeleteThe Coast News ran a story that captured Jerome and Mark caught in the act of putting up campaign signs a day early to gain an advantage over other candidates. This was a campaign violation that nobody could deny. This documentation of them recorded while breaking a law may be the real reason why Stocks was voted out.
ReplyDeleteRegardless of the technical merits of the FCCP complaint, it is not credible to see Stocks portrayed as a victim in this story.
True. 1,000s of people didn't wake up one day and decide to put bumper magnets on their cars (not stickers from the Coast News), for no good reason.
DeleteStocks need look no further than his mirror for why this town so resoundingly turned him out of office.
Joe Corder's wonderful video!
DeleteDo you spell Moser with an M or an L?
ReplyDeleteHa best post yet!
DeleteWANTED for questioning - JIMMY THE KYDD!
ReplyDeleteWANTED for Encinitas Liberator Medal Award: JIMMY THE KYDD!
DeleteThis comment has been removed by the author.
ReplyDeleteI didn't see anything about this in the Coast News. Do you think his advertisers are aware of these illegal activity?
ReplyDeleteEiler's and Moser's illegal activity?
ReplyDeleteMoser, "The German" we call him, has done marketing business in Encinitas for years. I saw him and Eiler enjoying martini's at Firenze Trattoria once. He is without a doubt the most tenacious individual I've ever met. My attorney told me he's well known at the courthouse because he has successfully collected over $100000 on those judgments against fax spammers. God bless him for that as I hate it when some scammer robs me of fax paper. My attorney also said that for the FPPC to file a lawsuit is ultra rare and only done if someone won't cooperate with an investigation.
ReplyDeleteSo 8:27, if ultra rare, it must be even more rare still for the FPPC to file against an individual WITHOUT a so-called whistleblower involved, which is exactly what happened in the FPPC case against Moser a few years back.
DeleteAnd "tenacious"? The words I've heard to describe your German are "bombastic," "pompous," and "arrogant." Whatever you call him, he's a tool for his handlers in these cases and that is all.
Mike Andreen has new postings on his new Encinitas network including a plug for the Seaside Courier rag. Not many businesses listed as part of his organization.
ReplyDeleteWell when I see who has chosen to advertise in the courier I will remember them well and avoid them and if I happen to approach them I will gladly let them know they have hitched their wagons to the wrong horse and it is to their detriment in our community. Now take that andreen and your kind, as a promise and I will encourage all to do the same. These interlopers were suspect from the beginning and we have just begun to find out their true motivations for setting up shop here. Want to bet the truth will be a surprise on who is behind this feeble attempt to infiltrate this town with such an inconsequential rag of a paper. Best thing for it is to line a bird cage if I had one. Eiler learned nothing from his despicable attack on Maggie and now he has Moser to front for him and their fellow low life's. You wear it well and may you feel the pride of all you so richly deserve in this life and the next because surely you will come back and serve for your indiscretions in this one. Karma is a beyatch guys. Reap what you sew. Thanks for unifying us all the more by your nuisance attempts.
ReplyDeletecha ching!
Deletecha ching!
DeleteFolks lets let Maggie rest in peace. This blog is titled "FPPC suit against Coast News publisher Jim Kydd." Looking forward it will be interesting to see what Mr. Kydd has to say about it all in Friday's edition of his paper. When this first made the papers in late 2012, Kydd claimed he didn't do anything wrong; https://thecoastnews.com/2012/10/from-the-publisher-setting-the-record-straight/. Coming of age during the Watergate era this sounded strangely familiar to me, like "I'm not a crook." Now the state agency in charge of enforcing disclosure rules has detailed in a public suit his misdeeds and is seeking $30,000 in penalties. It will cost him at least twice that to defend himself if this goes to trial. Oy vey!
DeleteSorry, no one is buying your crocodile tears on Maggie. What Moser and Eiler did to her is part of a continuum that Kydd is part of.
DeleteTheir MO is disgusting and their actions part of a concerted effort on behalf of their backers to interfere with any freedom of speech with which they do not agree.
Your fake "reasonableness" is not working.
From the Jan. 29 UT article by Barbara Henry: FPPC alleges election violations by Encinitas publisher http://www.utsandiego.com/news/2014/jan/29/fppc-alleges-election-violations-by-encinitas/ . . .
ReplyDelete"The lawsuit, filed Jan. 23 in Vista Superior Court, alleges that Kydd and his organization purchased and distributed “Dump Stocks, Fire Muir” bumper stickers, and ran multiple advertisements in The Coast News in 2012 urging people not to vote for Stocks or Muir. The advertisements and the bumper stickers failed to contain a statement saying who paid for them as required under state law, the lawsuit alleges."
I have seen a letter sent to Barb Yost, 2012 candidate for Encinitas Council. She placed fifth, after Stocks, who came in fourth. The Dump Stocks bumper stickers are protected as free speech. They are not considered "campaign materials," that could be limited to being posted only one month before the election, by Encinitas Municipal Code.
"In their Sept. 21, 2013, letter to the state, Eiler and Moser alleged that Kydd and two other people — Susan Turney and Oliver Canler, both members of a group called Encinitas Project, Committee for Prop. A — had engaged in dozens of campaign violations during the hotly contested 2012 election." These allegations are factually incorrect. Susan Turney and Olivier Canler were NOT involved in the "hotly contested 2012 election."
If the reporter bothered to read the lawsuit, she would know that Turney and Canler had nothing to do with the contested November 2012 election. Prop A's Special Election was on June 18th, 2013. It seems the UT is being fed its information directly from the harassing FPPC complainants, Moser and Eiler; the reporter isn't doing her homework.
"Harry Eiler is the front; Ken Moser is the grunt." They are using frivolous, harassing lawsuits that involve simple misunderstandings, not neglect, to stifle freedom of press and free speech, freedom of assembly. Moser seems to always go after Democrats, and had filed numerous FPPC complaints against now deceased, former Mayor and Councilwoman Maggie Houlihan.
On November 17, 2000, Moser signed a stipulation that he had failed to file timely campaign disclosure statements. He learned the ropes, so he now knows how to sue others, when a complaint was filed against him by the FPPC. The text below is quoted from Stipulation, Decision and Order . . . In the Matter of Ken Moser and the San Diego County Conservative Political Action Committee, Respondents, before the Fair Political Practices Commission, State of California:
"Respondent Moser is the owner of Marketing Support Systems. Marketing Support Systems is a company that does telephone fund raising solicitations for the San Diego County Republican Party. Marketing Support Staff contact property owners in San Diego County and solicit contributions. . .
On December 22, 1995, Respondent Moser filed a Declaration of Candidacy for the San Diego Community College District campaign for Trustee. Inasmuch as Respondent Moser was resonsible for all aspects of the Committee’s day to day operation, the committee ceased to be a general purpose committee and became a candidate controlled committee. . . Respondents failed to timely file Pre-Election and Semi-Annual Campaign Statements as set forth below:
Factors in Aggravation
Respondents by failing to timely file campaign disclosure statements precluded the public from learning that a substantial portion of the contributions went to Respondent Moser’s telephone fundraising business.
This matter consistes of seven counts [which] . . . justify imposition of the agreed upon fine . . ."
The letter I saw to Barb Yost, before the 2012 General Election, was from the FPPC. Again, that letter was a finding by the Fair Political Practices Committee that the Dump Stocks bumper stickers were protected as free speech and are not considered "campaign materials," including with respect to posting limitations established through Encinitas Municipal Code.
ReplyDeleteI think the rub came when he inserted it in the paper, as like the other charges it then became an advertisement that required disclosure of who paid for it. My union has to have our PAC info on any ads or mailers we do.
ReplyDeleteWho is your union? Do they let you choose to decide if your union dues are used to support a candidate or does the union leaders take your hard earned money and spend it to support their 'pro union' candidates. Unions like Mark Muir's 170,000 a year pension.
DeleteJim Kydd also had pictures of Jerome Stocks and Mark Muir caught breaking the law when they put out campaign signs a day early. Stocks' signs have always been out before anyone elses, and he always gets the bet places to put them up ahead of everyone else who follows the law. Stocks had this unfair advantage every time he ran for office. The fact that he was caught the last time, and evidence of this misconduct was in the Coast News is something that the complaint does not address.
ReplyDeleteIsn't that the truth, unfortunately Stocks frat house like activities while illegal don't fall under the jurisdiction of the FPPC. I'm worried that this could cost Jim a huge six figure bundle. One of the other sites detailed that the FPPC got over 700 complaints last year but only filed two suits like this.
DeleteI wonder how many of those 700 complaints to the FPPC were connected to Ken Moser?
DeleteIch tat nur zwei
DeleteAnyone ever seen Muir's license plate? It says a lot...and is very odd, IMO: "Satiated," spelled out with an 8 somewhere in the middle.
ReplyDeleteBefore some better-informed person calls me a "dumbass," let me retract the above. The license plate and car though does belong to one very satisified city worker!
DeleteThat's really not a retraction dumbass.
DeleteAs someone who likes Jim Kidd, I wish he would speak up and defend himself.
ReplyDeleteNot saying anything, makes him look guilty.
Hey Jerome, you must know: when you're being sued, you keep your trap shut. As should you.
DeleteDoesn't make Jim look guilty to anyone with common sense.
DeleteI rest my case!
Delete