Distric 9 campaign staffer uses city-funded mailing

Chris Hemingway to pay $91 to city for reimbursement

By Kate Carter

San Jose City Attorney Rick Doyle said last week that an announcement in a city community center publication on behalf of a candidate for the District 9 city council seat was a "non-permissible use of city funds."

The January mailing for the Kirk Community Center's senior programs included an announcement requesting volunteers for District 9 candidate Chris Hemingway's election campaign. The announcement included the phrase, "Chris has always been a great supporter of the Kirk Senior Program and he is looking for volunteers to help him get his campaign off and running."

When it was brought to his attention by the Willow Glen Resident, Doyle said the announcement was not allowed for inclusion in the mailing, which went to about 300 seniors in the area of the center and is also available at city hall. He said Hemingway agreed to reimburse the city $91 for the cost of the mailing.

"The government doesn't take sides in elections," Doyle said.

The center is located in District 9, where Hemingway, a former staff aide to current District 9 City Councilman John Diquisto, is opposing community activist Judy Chirco in the race to replace Diquisto, which will be decided March 5. The new councilmember will take office next year.

Hemingway said a member of his campaign staff gave the announcement to the center without his knowledge.

"It's not something I was directly involved in," he said. "I'm happy to work with the city to make reimbursements. Mistakes happen; we're all human. I'm not even focusing on it."

Hemingway said he saw the announcement before Doyle called him about it, was surprised by it and thought the center would be making a similar announcement for Chirco's campaign. There was no similar announcement on Chirco's behalf in the mailing.

Chirco said she found out about the announcement from a friend and was concerned about it. When informed that Hemingway would be reimbursing the city, she said, "I am glad it has been addressed. If it's inappropriate, it's inappropriate. I'm glad his campaign is going to address that."

Doyle said the city pays for the paper, printing and about 15 percent of the cost of postage for the program booklet. The seniors pay the rest of the postage, he said.

Center director Melissa Monsees was unavailable for comment, but a center staff person said the announcement was "put in by mistake."

In addition, Hemingway earlier this month hired a new campaign manager, Mary Grozenski, to replace former campaign manager Dan Zajac, who had resigned. Hemingway said the staff change was unrelated to the announcement.

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