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City attorney fines Ashbaugh for campaign misconduct

October 27, 2012

Adam Hill introduces John Ashbaugh

San Luis Obpispo City Attorney Christine Dietrick fined Councilman John Ashbaugh $252 Friday for accepting an illegal campaign contribution from County Supervisor Adam Hill.

Ashbaugh admitted to receiving two bottles of wine from Hill in addition to a $200 check, which together exceed the campaign contribution limit that Ashbaugh voted into place. Although Ashbaugh said he reimbursed Hill $30 for the wine, Dietrick determined the bottles to be worth $84. Ordinance 1538, for which Ashbaugh voted three times, requires candidates to pay the city three times the amount of any illegal contribution. Thus, Dietrick fined Ashbaugh $252.

Prior to making the excessive contribution, Hill emailed Ashbaugh to inform him that he planned to do so. Ashbaugh then responded to Hill using his city account to solicit the donation, a violation of state Government Code 8314, an offense Hill too committed while running for reelection.

Dietrick did not take action against Ashbaugh for the improper email he sent to Hill, nor for the numerous other campaign related emails he admitted to sending from his city account. The city attorney said in a statement Friday that she does not have jurisdiction to enforce violations of the government code pertaining to that issue. Dietrick did, however, warn all council and mayoral candidates Wednesday not to use city email for campaign purposes after yet another personal email Ashbaugh sent from his city account surfaced earlier that day.

The  investigation into Ashbaugh’s campaign code violations came as a result of a complaint filed by council candidates Kevin Rice and Matt Strzpek and mayoral candidates Steve Barasch and Donald Hedrick.

In addition to the charges of improper use of city email and soliciting a donation above the $200 limit, the four candidates also accused Ashbaugh of filing a campaign disclosure after the deadline. While Dietrick acknowledged that Ashbaugh filed the disclosure late, she did not take any action against him on the matter, stating that the city clerk used “reasonable discretion” in accepting the campaign statement without penalty.

Despite Dietrick’s decision to only take action on one of the three charges in the complaint, the four complainants issued a joint statement Friday announcing their satisfaction with the city attorney’s findings.

“The city attorney’s settlement with John Ashbaugh applies fairness and restraint while acknowledging misdeeds did occur,” the candidates said.


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Here is a different view. So Dietrick assesses Ashbaugh a $252 fine almost instantaneously which is a first. So how about she with Ashbaugh threw all of us a bone on this one. Well the one he was caught on. How many other violations of public policy has Ashbaugh been involved in or perpetrated under the guise of public service. We may have just scratched the surface on this one. Ashbaugh should be removed from his position of trust and responsibility for these ethical violations. He implemented the local ordinance then violates it. Oh, it was all just a misunderstanding – wink, wink or in this case is it drink, drink! Remove him.


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You are correct.


Ashbaugh’s campaign violations may not be a big deal in terms of dollars and cents but they are huge with respect to his character and integrity. If he shows this level of disregard for rules he himself supported, I have absolutely no confidence that he will do the right thing when many dollars are actually at stake.


In sum, don’t trust him.


He did what he did not because he was ignorant or confused but because he is willfully arrogant. He doesn’t think the rules apply to him and worse, he’s used to such matters falling through the cracks in the floors of local media. The two big differences is that Rice is holding him accountable through a relatively new media outlet, CCN.


Dietrick should be ashamed of herself. She needed to dig a lot deeper. She too needs to go when Lichtig is eventually purged.


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Kevin Rice is angling to be appointed to the city council by Dan Carpenter, who he helped get appointed the last time around. He posts on this site under a variety of names in an attempt to smear reputations. His personal attacks on good people is not what our city needs right now. There are better choices for our city council. Vote for people who are civil and who want to bring about positive change.


Read more here: http://www.sanluisobispo.com/2012/10/26/2275685/ashbaughs-actions-arent-the-end.html#storylink=cpy


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Quite wholly fabricated, Sir.


In 2010 I opposed any appointment, which allows a mere 3 council votes to pick a representative for us. I strongly advocated for an election of the people as is well documented:


http://www.sanluisobispo.com/2010/12/16/1411777/protest-not-change-marks-council.html


IN FACT, it is John Ashbaugh’s endorsee Jeff Aranguena who appears to be running for a future appointment, as indicated by Patty Andreen (who sought appointment herself in 2010):


http://www.sanluisobispo.com/2012/10/03/2250040/high-marks-for-marx.html


I now, and always have, advocated for an election of the People. You lie, Sir.


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Good points…


It was extremely bad form when Marx and the rest of the DCC crew tried to sleaze Andreen into Marx’s open seat. It showed me just how scummy that organization is…


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Bis Sr, you are guilty here of precisley what you have falsely accused Mr. Rice of doing. Your post is a personal attack in an attempt to smear. And YOU consider your post “civil”????


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Hey, look! KR is using the name danika now!


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#1.) There is no open seat to appoint anyone to.


#2.) Even if there was, it would not be up to a single person (Carpenter or otherwise), it would be up to the city council.


You need to think your attack diatribes through before you post them in the future. You’re upset that Ashbaugh got caught acting like a scummer. That’s tough and all but it’s no reason to attack others…


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Hi, KR!


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BS,

If you want to be taken seriously here, you should acquaint yourself with the contributors. Danika and Crusader have been around a long time and neither are KR. But, nice try in your attempt to discredit Rice and defend antics of the CC members.


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Apparently, Disgusted is also KR.


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You need to stop lying…


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Actually, many people on CCN and the Tribune have figured out that Kevin Rice uses multiple names to smear candidates. The problem is that it is undemocratic and uncivil. We the good people of SLO deserve a candidate who is above all of that pettiness. We deserve someone who will treat people with respect and who will bring honor and diplomacy to the city council. Kevin Rice is not that person. Neither is John Ashbaugh in light of these recent allegations. Neither is Dan Carpenter, who many believe will try to appoint Kevin Rice in two years. The city council has become a crock-pot of crooked and shady deals. There are other choices. There are better choices.


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COMPLETE JOINT STATEMENT ISSUED YESTERDAY:


We, the candidates bringing forth the complaint, were disappointed to discover John Ashbaugh improperly used his position as a city council member in violating several aspects of election law. Yet, we are pleased he has taken responsibility. The city attorney’s settlement with John Ashbaugh applies fairness and restraint while acknowledging misdeeds did occur. We hope city officials will similarly act with equity when imposing penalties and fees upon the citizens of San Luis Obispo.


Kevin Rice

Matt Strzepek

Steve Barasch

Don Hedrick


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$252.00, wow that’s quite a gentle tap on the wrist for a violation of STATE government code. You get fined more than that for just feeding ducks in SLO City.


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Not state. LOCAL municipal code, which Mr. Ashbaugh voted for three times in 2009 and 2010. The penalty amount is consistent with the code and fair.


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Sorry – you’re right. I just read the article again more carefully, my bad. But still seems like a deal to me. Violate one local code, and get the violation of a state government code free.


Who cares what I write anyway. I’m sure “Big Sur” thinks I’m “KR” too.


If “Big Sur” really is J.A., then it’s really kind of sad to see that his world has really gotten so small that he thinks that Rice is only one person in SLO who disagrees with him, Marx and Carter.


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Yup. KR too, folks. How sad.


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Shame on Dan Carpenter for considering appointing Kevin Rice to our city council.


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A wholly fabricated lie. See above post on same subject.


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Why did you endorse Dan Carpenter at the last city council meeting? All of the political insiders say that the two of you are running as a team to shore up the Tea Party, Republican, pro-business/pro-developer vote. The insiders also say that Dan Carpenter intends to appoint you to the city council in two years in order to pay you back for helping him get appointed the last time around. Remember your video and your online smear campaign? The people of SLO deserve someone on the council who will serve with honesty and integrity. You are not that person, KR, due to your many negative words and actions. Voters have other choices. Voters have better choices.


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No single person (Dan Carpenter or otherwise) can appoint anyone. It’s up to a vote of the entire council. Are you honestly ignorant of that fact?


Now please, stop lying.


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The “team” you speak of might be scummer Ashbaugh and carpetbagger Arenguena. Both Democratic Central Committee insiders.


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BS: You really do need to understand that a single individual cannot appoint anyone to the SLO City Council.


Remember last time when Jan Marx tried to grease the skids for her campaign manager (!) Patti Andreen to fill her vacated seat? That to me was a display of the absolute height of arrogance/stupidity and the people rejected it.


So please come to grips with the fact that no one is buying the crap you are trying to peddle here. Your vilification of Dan Carpenter tells us all that either you or your candidate is afraid of getting beat at the polls by Mr. Carpenter.


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It is not the end of the world when “your guy” is found out to be less than honorable. Get over it.


Throwing bombs out only makes you look the fool to the thinking folks. Perhaps they aren’t your target audience, but at CCN, many actually do think for themselves and pay attention. Two things that political hacks should fear.


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Please stop monopolizing the discussions and the election, Mr. Rice.


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Please stop lying.


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Apparently, r0y is also KR.


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Do you make these lies up as you type or do you think about them beforehand?


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Please, KR, let it go!


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BS: You need to stop fabricating tales…


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So now you’re projecting your fear of getting spanked by Dan Carpenter at the polls? Rather than come on here and lie (while making a horse’s backside out of yourself), why not get involved with the community and make an effort to serve like Carpenter has?


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You’re simply one of those losers that continues to spew crap in the hopes that some of it will stick. That’s truly sleazy stuff.


I suspect your derriere is deeply jealous of your mouth given the amount of crap that flows from it…


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Case closed. The complainants concurred.


It’s a gorgeous day today and a great opportunity to express gratitude for the opportunity to be here in SLO County this lifetime. Consider getting outside and spreading the joy …


… or stay here and get a head start on Grinch-dom.


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Love the irony, there, Russ!


Hey, have you brushed up on the LIBOR Scandal that’s mostly been ignored here? Good stuff…


Can’t wait for that fallout to destroy whatever recovery we’ve been convinced we’re having…


(had to throw some “Grinch-dom” in on you)


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A grand total of $252. Not too punitive and a LIGHT WARNING as far as I am concerned.


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Same old story we hear from these arrogant types; Do as I say, not as I do.


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There is a growing sense that the incumbents on the SLO City council don’t actually read their own ordinances.


It reflects on whether they are competent, or not. Saddly “or not” is bearing out.


Candidates Strzepek and Rice have proved to be competent. It is not that the incumbents can’t read. Those incumbents just don’t seem to feel the need to read the laws they have passed or to apply those laws to themselves.


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Do unto others… to help themselves. Nothing new. We all hope the election will change things for the better.


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