MOOCHIE GATE: June 20, Pomona Mayor Elliott Rothman & Pomona City Clerk, Eva Buice Accused Of Major Campaign Fund Raising & Ethics Violations

THREE ALLEDGED VIOLATIONS (1) Any contributions solicited or accepted can ONLY be used for the candidacy listed on the candidate’s declaration of intent to solicit and receive contributions.  At close of 2012 Elliott Rothman reported having $17,901 cash on hand and $0.00 outstanding debt.  Rothman raised $21,350 between 1/1/2013 and 8/26/2015 under the “Rothman for Mayor 2012” recipient committee from no less than 30 different contributors. These funds were collected WITHOUT PROPER DOCUMENTATION.  This is a clear VIOLATION of municipal code Section 10-34, no less than 30 times. It is also a VIOLATION of California state code Sec. 85200 which requires that candidates for local office follow the same reporting procedures as those of state candidates.
(2) If there remains a balance in a campaign checking account of a candidate or committee after the date of the election in which the candidate appeared on the ballot, all unexpended funds remaining in the account shall be returned on a pro rata basis to those who have made the contributions or be donated to one or more charitable organizations.  The lone exception is that a “maximum of $5,000 in unexpended funds may be retained by a candidate” for any political purpose. Rothman for Mayor 2012 had a cash balance on 8/26/2015 of no less than $45,191, THE DAY BEFORE he declared his intention to receive funds to run for re-election in 2016. These monies were all ILLEGALLY RAISED under the name “Rothman for Mayor 2012,” as stated on his Form 460 filings.
(3) Pomona City Clerk, Eva Buice, was SUPPOSED TO ENSURE these laws were followed, and it was HER RESPONSIBILITY to  report apparent violations to the appropriate authorities.  According to the Citizens group, to date, the Pomona city clerk has NOT FULFILLED nor acted upon her obligations outlined by Pomona City Code.
THREE POMONA CITIZEN GROUP DEMANDS
(A)  Mayor Rothman is accused of demonstrating a clear intent to knowingly VIOLATE THE LAW. For this reason, it is argued that Elliott Rothman has disqualified himself from running for any public office in Pomona in the future, including the 2016 Mayoral race. Therefore, the Citizen group asked the City Clerk REFUSE TO ACCEPT HIS NOMINATION PAPERS for any future office.
(B) Second, they demanded that the City Clerk TAKE STEPS REQUIRED BY LAW, to enforce the Campaign Reform Act. An Administrative Hearing should be scheduled within the next 10 days, and the time and location of said hearing be publicized. Maximum penalties, $1,000 per violation x30 ($30,000), should be levied against Elliott Rothman due to the serious breach of public trust this violation represents.
(C) Third, in remedying these violations, the Clerk must TURN OVER the $41,191 in ineligible funds to the City and held in their control, to prevent their use by Elliott Rothman for any other political purpose.
CONCLUSION
It is a VIOLTION OF THE LAW for Elliot Rothman to use of ILLEGALLY ATTAINED funds to elect himself or anyone else to office. It is clear that these violations by Elliott Rothman were committed in his role of “candidate” and not in his role as an elected official. Consequently, the City of Pomona and its citizens should not bear the cost of defending these illegal activities by Elliott Rothman. To do so would make the City of Pomona complicit and place all non-elected candidates for office in unequal footing, which is contrary to the Pomona Campaign Reform Act.