DEM ATTACKS CITY BANNERS COMPLAINT TO ARGUE SIGNS THANKING MCKEON FOR MINE BILL ILLEGAL.

Byline: JUDY O'ROURKE Staff Writer

SANTA CLARITA -- A local Democratic club leader will file a complaint today with the Federal Election Commission, claiming Santa Clarita's display of banners thanking U.S. Rep. Howard ``Buck'' McKeon for his anti-mine bill violates election laws and amounts to an illegal ad campaign for McKeon.

Fourteen giant banners bearing the city seal and hanging from public bridges say: ``Thank You, Buck, for HR 5471! No Mega Mining in Soledad Canyon.'' The message refers to a bill McKeon introduced in Congress in May that would cancel Cemex's lease to mine 56.1 million tons of sand and gravel in Soledad Canyon, a project the city has spent millions battling.

McKeon, a Republican and Santa Clarita's first mayor, is seeking re-election in November.

Bruce McFarland, president of the Democratic Alliance for Action in Santa Clarita, said he assumed the bill had passed when he first saw the banner. City spokeswoman Gail Ortiz told him in an e-mail that wasn't the case.

``I have to conclude that the only plausible reason for displaying those signs was to give something meaningful to Buck McKeon, and what could be more meaningful than garnering support for his congressional campaign?''

Ortiz's July 14 e-mail to McFarland praised McKeon's introduction of the bill, whose contents emerged in part from 18 months of discussions with Cemex. Ortiz said, ``Yet, it became very clear that the advancement of HR 5471 was going to take great efforts and that much support for congressman McKeon and HR 5471 was the necessary call to action.''

City Attorney Carl Newton said the ``true meaning there is support for McKeon's pushing the bill through, advocating the support for the bill. This is not express advocacy under the federal regulations.''

Express advocacy generally uses phrases like ``Vote for, re-elect, support, cast your ballot or defeat,'' but the agency uses its discretion in determining what is allowed. A possible gray area involves whether the message could only be interpreted by a reasonable person as favoring or attempting to defeat a candidate.

McFarland's complaint, awaiting the stamp of a notary, says the city should have been required to register with the FEC as a political committee -- which it is forbidden by law to act as -- in part because of the advertising value of the signs, which he estimates between $28,000 and $47,000.

The banners cost $5,000.

The 29-page complaint includes photos of the banners, which were hung July 1 and will be removed before August, Ortiz said.

McKeon's office has said the congressman had nothing to do with the banners.

In a letter to the FEC dated July 11, City Manager Ken Pulskamp echoed Newton's comments, but noted he learned the city's intent had been mistaken as a candidate endorsement by some. Photos of the banners were included.

``For the record, the banners are NOT and were NEVER intended to suggest or encourage a Vote For/Against (McKeon) and therefore the City of Santa Clarita strongly believes that NO violation has taken place,'' the letter said.

Pulskamp asked for an official interpretation of FEC rules and an advisory opinion that would clarify if the banners violate federal campaign laws. The FEC has not yet responded in writing.

The advisory opinion is a legally binding answer about whether an action or planned action is permissible.

Pulskamp reiterated his comments at the July 11 Santa Clarita City Council meeting, and Newton said the signs do not violate state or federal election codes.

After a teleconference with FEC staff members last week, Sarah Gorman, an election law specialist with the City Attorney's Office said the agency would not issue a formal written advisory opinion because it was not deemed appropriate in this case.

``They actually explained their interpretations of the laws that govern these issues,'' Newton said. ``We concluded, based upon their explanation of the relevant law, there was no violation.''

Removal of the signs would be taken into account by the agency, but it would not rule out an investigation.

Newton said the city will follow FEC procedures for complaints if a response is requested.

Congress probably will not consider McKeon's bill until next year, and McKeon has acknowledged its chances of passage are slim.

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