Mailings spark senate race controversy

Whether a member of assembly wants to spend his budget on supplies, hiring staff or keeping his constituents informed with such mailings is their prerogative, said Jon Waldie, assembly rules committee chief administrative officer. Every assemblymember gets an annual base budget of $264,000. That figure is often supplemented depending on additional committees assemblymembers serve on.

"Their complaint is that I'm keeping my constituents informed," Simitian said.

As chair of the privacy committee, Simitian said it was important for him to send out the brochures on identity theft, which he said got a lot of positive feedback.

It's not the amount of money Simitian's spending on these brochures, Lempert said, but the frequency with which he puts them out that raises concerns.

"Let's put it this way; I find it odd how many of these I'm getting," said Lempert. "It seems like I get one every month. The question is where do you draw the line?"

Whether Simitian is using them to excess, Lempert said he's leaving that for people to decide. But he said the frequency of the mailings is of particular concern during a budget crisis.

"He can go under budget - he doesn't have to spend the entire budget," Lempert said.

But is this a major issue or a political game?

"I think we ought to be talking about the economy, budget, environment and our schools," Simitian said. "Apparently Ted thinks otherwise. It's unfortunate but to be expected."

The amount of money spent on mailings often comes under scrutiny during heated campaigns, Waldie said. If an assemblyman spends too little on mailings, Waldie said they're accused of not keeping in touch with their constituents.

"You're going to get a 180 degree argument against someone who spent too much," Waldie said. "It's all in the eye of the beholder."

Although Lempert also sent these mailings out during his years as an assemblyman, he said he only did them once or twice a year. Used with discretion, Lempert said the mailings are a good way to communicate with constituents. In fact, in a 1989 article with the San Jose Mercury News, Lempert is quoted as saying such mailings don't fly in the in face of Proposition 73. The proposition seeks to ensure they're not abused for campaigning purposes and says a legislator's name can only appear on the mailings once.

The Lempert campaign is also raising questions about the timing of the mailings. During a campaign, a "blackout" period goes into effect at which time candidates cannot send out mailings with taxpayer money. Both Simitian's mailings - on Dec. 8 and Jan. 2 - were sent out before the Jan. 3 deadline. But Lempert's political consultant Jared Boigon said it was clear by Dec. 5 that only Simitian and Lempert were in the race.

"Technically, yes, he was within the rules. But it's kind of one of those judgment calls," Boigon said. "There was no more speculation about who was running."

Simitian said he returned 5 percent of his base budget back to the state and donated another 5 percent to a nonprofit group. Lempert said he too came in under budget during his term.

Yunmi Choi can be reached by e-mail at yunmi@smdailyjournal.com or by phone: (650) 344-5200 ext. 109. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.