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Fair Political Practices Commission finds no wrongdoing in Palm Springs election mailer

The Fair Political Practices Commission announced Thursday that it has closed an investigation into the city of Palm Springs and concluded that the city did not commit ethics violations in connection with a mailer sent to residents regarding next week’s election.

The FPPC probe was triggered by a complaint filed by Robert Stone, a Palm Springs City Council candidate, who alleged that the city circumvented the County Registrar’s office by sending out voter information regarding a pair of initiatives on the Nov. 7 ballot, without publishing any arguments in
opposition to the measures.

Measure D would raise the city’s sales tax by a half-cent. The mailer states that the increase would generate between $6 million and $7 million per year to help support police and emergency services, with up to two-thirds of the revenue to be paid by tourists.

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Measure E would apply a tax already levied at medical marijuana operators toward any new commercial, medical and recreational cannabis sales and businesses. The mailer states that if the measure is approved, the projected tax revenue is difficult to estimate, but it mentions that Palm
Springs currently receives about $1.5 million annually in cannabis tax revenue.

Stone said the mailer misleads voters by not listing any opposing views and not citing how the estimated tax revenue figures were generated, in violation of the Political Reform Act’s prohibition against campaign mailers at public expense.

The FPPC informed the city Thursday, about one month after the investigation began, that the case has been closed.

“The mailer did not express advocacy nor was it clearly campaign material,” the FPPC stated.

“The content of the mailer is more appropriately characterized as informational rather than campaign material.”

City Attorney Edward Z. Kotkin said “The city of Palm Springs has been mindful of its responsibility to refrain from advocacy when it comes to the public education effort underway in relation to Measures D & E. We are pleased that the FPPC determined the complaint was unfounded and has closed the case.”

Stone is one of six people vying for an open seat on the council after longtime members Ginny Foat and Chris Mills announced they would not seek reelection.

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