Findings in the Complaints of Brian Pugh, candidate for Croton-on-Hudson Mayor, against Croton United Et Al.

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The Westchester County Fair Campaign Practices Committee met on October 25, 2017 to hear the complaints of Brian Pugh, candidate for Croton-on-Hudson Mayor, against Croton United; Ken Walsh, Croton United chair; Greg Schmidt, candidate for Croton-on-Hudson Mayor; Roseann Schuyler, candidate for Village Trustee; and Bob Anderson, candidate for Village Trustee. Brian Pugh, candidate for Mayor, was accompanied by Amy Attias, candidate for Village Trustee. Croton United representatives were Bob Anderson, Deputy Mayor, candidate for Village Trustee, and Roseann Schuyler, candidate for Village Trustee.

COMPLAINT 1: Mr. Pugh complained that Mr. Anderson engaged in an unfair campaign practice by misrepresenting in a letter to the Gazette the process by which the agenda for work sessions is developed because Mr. Anderson stated that “Any Member of the Board may put prospective legislation on a work session agenda,” whereas Mr. Pugh claims the mayor sets the agenda.
FINDING: FAIR
The statement does not constitute an unfair campaign practice. The statement falls within normal political discourse.

COMPLAINT 2: Mr. Pugh complained that Ms. Schuyler engaged in an unfair campaign practice by posting “a misleading exaggeration” on Facebook about Trustee Anderson’s contributions to the community when she writes, “He does so many things to improve the quality of life here in the village without any fanfare. From adding benches in public parks, to ensuring that village evacuation centers are equipped with wifi…” since such actions would have been done by Village staff, not Mr. Anderson.
FINDING: FAIR
The statement does not constitute an unfair campaign practice. The statement falls within normal political discourse.

COMPLAINT 3: Mr. Pugh complained that Ms. Schuyler engaged in an unfair campaign practice by claiming in a letter to the Gazette that Croton United passed two tax cap compliant budgets, since Trustees Walsh and Anderson were absent at the Board meeting that adopted the 2017-2018 budget.
FINDING: FAIR
The statement does not constitute an unfair campaign practice. The statement falls within normal political discourse.

COMPLAINT 4: Mr. Pugh complained that Mr. Anderson engaged in an unfair campaign practice by stating in the LWV Voters Guide that “we have also made adjustments to our accessory apartment guidelines” whereas those changes were made prior to Mr. Anderson becoming a Trustee.
FINDING: FAIR
The statement does not constitute an unfair campaign practice. The statement falls within normal political discourse.

COMPLAINT 5: Mr. Pugh complained that Mr. Schmidt engaged in an unfair campaign practice by stating in the LWV Voters Guide “The Village of Croton has and will continue to seek opportunities for developing affordable housing.”  Mr. Pugh states that the last affordable housing added to the Village was in 2009 and affordable housing has only been on the agenda once during Mr. Schmidt’s term. Mr. Pugh states, “It seems misleading to describe a record that includes one isolated work session agenda item as constituting an active effort to create or find new affordable housing opportunities.”
FINDING: FAIR
The statement does not constitute an unfair campaign practice. The statement falls within normal political discourse.

Committee Members: Susan P. Guma, [Chair], Jennifer Mebes Flagg [Coordinator], Paul C. Atkinson, Nick Beilenson, Elizabeth Bermel, Gisele Castro, Miriam Cohen, Daniel S. Franklin, Jr., Victor J. Goldberg, LaRuth Gray, Joan Grangenois-Thomas, Lee Kinnally, Robert C. Kirkwood, Polly Kuhn, Carole Princer Levy, Harry Phillips III, Joy Rosenzweig, Susan Schwarz, Evelyn M. Stock, William N. Walker
Party representatives (ex officio): Republican Party, Democratic Party, Conservative Party, Working Families Party, Independence Party, Green Party, Reform Party                                   

The purpose of the Westchester County Fair Campaign Practices Committee is to help set an acceptable standard for political discussion by offering a forum for identifying unfair campaign practices and promoting a climate in which candidates conduct honest and fair campaigns. The Committee encourages candidates to conduct campaigns openly and fairly, to focus on issues and qualifications, to refrain from dishonest and defamatory attacks, and to avoid the use of campaign materials that distort the facts.

The Committee accepts written complaints from candidates about alleged unfair campaign practices. The Committee may then hold hearings to determine whether the action complained about is indeed unfair or whether it falls within acceptable political discourse. Among other things that the Committee will consider to be an unfair campaign practice is a misstatement of a material fact or any communication that misleads the public.

The Committee has no power to compel anyone or any group to stop doing what it has found to be unfair, nor does it have the authority or power to enforce election or other laws.

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, focusing on issues and qualifications.
  • The Candidate will not use or condone any campaign material or advertisement that misstates, misrepresents or distorts material fact or any communication that misleads the public. The Candidate will neither engage in nor be involved with false or misleading attacks upon the character of an opponent, nor in invasions of privacy unrelated to fitness for office.
  • The Candidate will not participate in nor condone any appeal to prejudice.
  • The Candidate will clearly identify by name the funding 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. This includes, but is not limited to, announcing that he/she has filed a complaint, or quoting the Committee’s Findings unless the individual Finding cited is quoted in its entirety.
  • The Candidate will publicly repudiate materials or actions from any individual or group that violates this Statement of Principles.