JUDGE GERALD KLEIN WINS UNFAIR CAMPAIGN PRACTICES COMPLAINT AGAINST SHARI GORDON

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WESTCHESTER COUNTY FAIR CAMPAIGN PRACTICES COMMITTEE
14 North Chatsworth Avenue #3E, Larchmont, NY 10538
914-834-0615 / faircampaign@optonline.net
www.faircampaignpractices.org

September 3, 2013                                      CONTACT: Susan Schwarz, Chair
FOR IMMEDIATE RELEASE                          914-332-1301/cell: 914-715-1539

FINDINGS IN THE COMPLAINTS OF GERRY KLEIN AGAINST SHARI GORDON, CANDIDATES FOR CORTLANDT TOWN JUSTICE 

The Westchester County Fair Campaign Practices Committee met on September 3, 2013 to hear the complaint of Gerry Klein against Shari Gordon, candidates for Cortlandt Town Justice.  Mr. Klein, who represented himself, was accompanied by Stephen DeName; Ms. Gordon was represented by Alan Goldston.

COMPLAINT:

Mr. Klein complained that lawn signs for Ms. Gordon were misleading because the wording read, “Shari Gordon – Cortlandt Town Justice”, which could give the impression that she was the incumbent.

FINDING:  Unfair.  The Committee found that the wording of the sign violated the Committee’s Guidance to Candidates, which state that, “A candidate should not create the false impression that he/she is an incumbent. Examples are bumper stickers, signs, and/or palm cards that contain logos of the name and the office without the usual words such as ‘Elect’ or ‘For’...”

The Committee noted that as soon as the matter was brought to the attention of the Gordon campaign, efforts were made to remedy it. 

The purpose of the Westchester Fair Campaign Committee is to promote a climate in which candidates conduct honest and fair campaigns. The Committee encourages candidates to conduct campaigns openly and fairly, to discuss issues, to refrain from dishonest and defamatory attacks, and not to use campaign materials that distort the facts.

The Committee does not sit as a censor of political discussion nor as a body to enforce election law or make legal decisions. Its task is to accept written complaints about alleged unfair campaign practices and to determine whether the action complained about is indeed unfair. Among other things, the Committee will consider to be unfair any campaign practice that is a misstatement of a material fact or that misleads the public.

The Committee has no power to compel anyone to stop doing what it has found to be unfair. If the Committee acts on a complaint, it will release its findings to inform the public. The Committee may choose not to consider a complaint; in that case, a hearing is not held and the parties to the complaint are notified.

Statement of Principles of the Committee, as stated in its Manual, is available at www.faircampaignpractices.org. The Westchester County Fair Campaign Practices Committee believes that candidates should conduct their campaigns in accordance with the following principles:

✓                            The candidate will conduct a campaign for public office openly and fairly. The candidate will discuss the issues and participate in fair debate with respect to her/his views and qualifications.
✓                            The candidate will neither engage in nor be involved with unfair or misleading attacks upon the character of an opponent, nor will the candidate engage in invasions of personal privacy unrelated to fitness for office.
✓                            The candidate will not participate in or condone an appeal to prejudice.
✓                            The candidate will neither use nor be involved with the use of any campaign material or advertisements that misrepresent or distorts the facts.       
✓                            The candidate will clearly identify by name the source of all advertisements and campaign literature published and distributed.
✓                            The candidate will not abuse the Westchester County Fair Campaign Practices Committee process in order to obtain political advantage.

The candidate will publicly repudiate materials or actions from any individual or group that would violate the Statement of Principles. ###

Committee Members: Susan Schwarz, [Chair], Miriam Cohen [Coordinator], Elizabeth Bermel, Gisele Castro, Daniel S. Franklin, Jr., Victor Goldberg, LaRuth Gray, Susan Guma, Milton Hoffman, Lee Kinnally, Robert C. Kirkwood, Polly Kuhn, Eileen Santiago, Evelyn M. Stock, Lorelei A. Vargas