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Juday-Hansen "Things of Value" & campaign ethic
Contributed by: Richard Yale on 1/27/2008

If there is a 'dialogue' with secular progressives, the brand of Juday dialogue isn't any resemblance to true scientific dialogue which is the unbiased search for truth without personal or emotional involvement or reason. In the case of a campaign with a target or objective, ground crews service the "thing"; and the "thing" delivers the pay load for the missile master-mind. Same when a rocket-scientist designs a political campaign to put himself in public office; in Longmont's Special Election the "thing" or vehicle is the web site producing the campaign finance "pay load". True to his would be spending of public funds neither does he respect the value of his supporter's things that would propel him into office if truth in this case were to get in his way to seeking office. Otherwise why would he deny a simple fact, why not pay the fine and get on with life on his own merit's, not twisting the truth of circumstances to impute a false image of perfect infallibility by virtue of profession? Are not the professional television ads Candidate Hansen used in the fall things of value that could be used over and over again to elect him to office? We don't know because there is no full disclosure.

As witnessed by the angry attacks against the article "Longmont, Enforce the Fair Campaign Practices Act", anyone who holds that the voluntary community is under attack as they oppose the involuntary collectivism the new Bloc is imposing. In a genuine community, the decisions most directly affecting the lives of citizens are made locally and voluntarily. Some are carried out by local political bodies, others by private associations; as long as they are kept local, and are marked by the general agreement of those affected, they constitute a healthy community. But when these functions pass by usurpation to centralized Bloc authority on City Council, with secular progressives at the microphones and outsiders dictating partisan policy and micromanaging administrative decisions; then the whole community of Longmont is in serious danger as the facts of the matter come into full disclosure about the "change".

_________________________________________________________

Dear Mrs. Skitt,

With all due respect, 2.04.203 goes on to say in

"Contribution means", Section 4. "Anything of value given, directly or indirectly, to a candidate for the purpose of promoting the candidate's nomination, retention, recall, or election."


The nature of the contribution may well include services. Those Services are not the subject of the complaint. The electronic web site is a "Thing of value" by virtue of inclusion of the "PayPal" election fund donation collection on the site. In application of the word "thing" it need not be physical; a virtual or electronic thing is a matter of concern in this special election state of affairs. Therefore, from the Clerk's own findings a prima facia case of violation of said election practices occurred with the candidate's failure to disclose 41 days prior to their scheduled election dates. The factual matter of splitting hairs is for a Judge and/or Jury to determine; not within the Charter Authority now of the City Council, City Manager or City Clerk. The acts of commission and omission are historical fact; the omnipotent law of strict liability is on the books, political intercession at this point is a claim of political infallibility over the Rule of Law. Council has my agreement if they wish to change this law some believe is over-strict; however, it is the obligation of the City of Longmont to enforce the law equally so long as it is on the books and the Courts to compensate for "unfairness" in the process; changing the law is the function of the Council.

Very truly,

Richard Yale

From: Valeria_Skitt@ci.longmont.co.us

Sent: Wednesday, January 23, 2008 6:54 PM

To: Rich Yale

Cc: City_Council_&_Mayor@ci.longmont.co.us

Subject: Re: Complaint: Longmont Fair Campaign Practices Act, Ord.

0-2000-36

Attachments: pic12891.jpg; Web Page.max; juday010808.pdf

Mr. Yale:

I have reviewed your complaint regarding a potential Longmont Fair Campaign Practices Act violation on the part of candidate Richard Juday and also Council member Brian Hansen. You allege that Mr. Juday and Council member Hansen did not report in-kind contributions when they failed to report "the retail value of the web services donated."

According to Longmont Fair Campaign Practices Act (LFCPA) 2.04.203:

"Contribution" does not include services provided without compensation by individuals volunteering their time on behalf of a candidate, candidate committee, political committee or issue committee."

After talking with candidate Juday, it is my understanding that Mr. Wray (aka magicguru) donated his time and services as a web designer to both Mr. Juday's campaign and Mr. Hansen's campaigns. He did not charge either individual for designing or hosting their websites. Unless you have evidence to the contrary, it does not appear that either Mr. Juday or Mr.

Hansen have violated the LFCPA as they are not required to report "services provided without compensation."

Thank you,

Valeria Skitt

Director of Administration/City Clerk

303-651-8650




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Showing 1-5 of 5 comments
Submitted By: Bing Van Gorden
posted on 2/4/2008 @ 12:17:35 PM
Rated Story
I simply disagree with your premise that this violates any election code. I'd be more concerned with a candidate gettign $5,000 from a business group than somebody volunteering their time to make a web site.
Submitted By: Richard Yale
posted on 2/3/2008 @ 2:10:16 AM
(Not Rated)
That is up to the judge, Bing, not you or I. The test of the election code is ripe for adjudication for the very controversial reasons you and I differ over application. Thinking aloud: the Judge got off technically because she had no contributions to report; thus no intent, no crime. If Mr. Juday were to report the value on final, where is the reportable offense in equity? That is the same technical defense lawfully used by the Judge in her own case. Even in strict liability offenses both the judge & Dr. Juday are due equal opportunity in equity, but unfortunately, due to the strictness of the code, no mercy code short of the Court is probably available.. Council, by now should appreciate the election law enacted by another is an ass. It is so convoluted it is backfiring on everyone, ironically including the Judge herself. Law & order in our society depend on public respect; codes that under cut respect for the law undoes our culture and civilization. [Remove]
Submitted By: Bing Van Gorden
posted on 1/30/2008 @ 5:10:39 PM
Rated Story
But to consider this a violation of the law, you have to view a web site in a legal way it never has been before. Your whole argument relies on this flaw. If you feel strongly about it then begin the fight to have web sites be considered contributions instead of a service provided without compensation.
Submitted By: Richard Yale
posted on 1/29/2008 @ 11:54:02 PM
(Not Rated)
The law is the law and every citizen is bound to obey it. That attitude is a flaw in a legislator for the practical reason that by case law their very word is law. An 1850s federal case law siding with the Revenue Officer. I don't want a police cadet who quibbles on interpreting the law a police officer any more than a city council person. It does not matter who the person is or their political party the public deserves intellectual honesty. I will support you if you advocate changing the law abolish it or make it reasonable and not administered by politics but the Rule of Law. I will not support relative enforcement of the law against anyone because of their personalities, their employment or group affiliation. The interpretation of the quibbling belongs in court, not on these pages or in Council. That’s the American heritage, custom and tradition. Unlike the progressives I give both sides of issues for readers like you to make their own judgment. Thank you for noticing.
Submitted By: Bing Van Gorden
posted on 1/29/2008 @ 5:08:32 PM
Rated Story
So for there to be a conflict, you have to believe the web site has value because it has a paypal feature on it for donations? And is this yet another example of the secular progressive city council bloc's involuntary collectivism? Seriously. This attack on Juday, secular progressives, the "bloc" is based on your belief that a web site should be considered a violation of the LFCPA. Valerie disagrees, and I think most people would. Even if it was a violation, does it really rise to the level your attack did? If you consider this to be proof of your fear that liberals are imposing their will on you, that's your right. I don't think this is as big of a deal, nor illegal, as you do. But I appreciate that you posted your original post and the response.
Showing 1-5 of 5 comments
CONTRIBUTOR INFORMATION

Richard Yale

Longmont , CO

Richard Yale has posted 65 stories and 154 comments since joining on 12/13/2007. Richard Yale 's average story rating is 3.95.
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