Photograph by George Sakkestad
Barbara Koppel listens to ethics committee members during a Sept. 18 hearing. At left is Peter Hess of the Bay Area Air Quality Management District; at right is Koppel's husband, Bob.
By Natasha Collins
Under attack by her opponent for the county's fifth-district supervisorial seat, Barbara Koppel defended her campaign practices and financial statements to the Santa Clara County Ethics Commission Sept. 18.
Koppel has been accused by her opponent, Joe Simitian, of receiving contributions over the legal limit of $350, receiving contributions after the legal acceptance date, not returning illegal contributions, accepting contributions from an interested party while sitting on the Bay Area Air Quality Management District and running her campaign at a deficit.
Koppel based her defense on her lack of understanding of campaign-finance ordinances, innocence and simple mistakes. Koppel also informed the board that in light of current information provided by Simitian, the Koppel Campaign Committee determined that $500 in campaign contributions should be returned. The committee, in accordance with the Ethical Standards Ordinance, amended its campaign reports and deposited the money into the County General Fund.
"We are not trying to accept something we shouldn't," said Tom Hall, Koppel's campaign treasurer. "We, therefore, have amended our reports and returned the money."
Koppel decided to return $350 dollars after learning that Kaiser Cement and Kaiser Sand and Gravel were both owned by Hanson Industries, a British-based company. According to Hall, because the checks received had different addresses printed on them, the committee believed the companies were separate. He also admitted to not investigating the companies' ownership.
Earl Bouse Jr., vice president of of manufacturing services for Kaiser, explained the companies' ownerships were somewhat confusing. But he also told the commission that both Kaiser Cement and Kaiser Sand and Gravel had their headquarters located in the same building.
"We are in the same building, but I have nothing to do with my counterparts," Bouse said.
The other $150 Koppel felt should be returned was from campaign contributions made by state Assemblyman Jim Cunneen. Cunneen's campaign contributed $350 to Koppel. Cunneen and his wife later donated $150. Simitian argued that the maximum donation which could be made was $350. The committee believed that since it was a joint donation, a limit of $700 was allowed. To remove the appearance of improper reporting, Koppel elected to transfer $150 to the general fund.
The most damaging and disturbing accusation made by the Simitian camp was that Koppel sat on the Bay Area Air Quality Management District Board and received donations from Kaiser Cement while Kaiser's permit to burn tires was pending with the district. Koppel's committee argued that since the board has nothing to do with the approval process of permits, she was not in violation. In addition, the permit was approved by the Air Pollution Control Officer on Nov.6, and Koppel did not receive a donation from Kaiser until Nov.22.
"If I had known there was going to be a perceived conflict, I would not have accepted the checks," Koppel said.
Simitian accussed Koppel of violating the 17-day contribution ban, which forbids candidates' receiving contributions 17 days prior to the election, because she received in-lieu contributions, or donations of services, on election day, when she won the county supervisor's seat. Koppel argued that her victory party was not in violation of the law because it took place on election day after the polls had closed. The ethics commission will have to determine the intent of the ordinance and decide if a violation has occurred.
Koppel did admit at the hearing that her campaign had been running at a deficit. Hall argued he did not believe this was a violation and had contacted the Fair Political Practice Commission hot line at the time of the campaign to seek their advice.
This article appeared in the Saratoga News, October 2, 1996.
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