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Stocks' Contribution and Potential "Quid Pro Quo"

Stocks’ donations shows much of his support in recent elections came from out-of-town developers. The timeline for a city contract and donations to Stocks raises concerns about a "quid pro quo."

For the past several years, I’ve been analyzing the Form 460 records of all candidates for city council, back to the 2000 election.  All of the data I am presenting is available on the Municipal Elections link under the City Clerk for the City of Encinitas.

Now I want to share with the citizens of Encinitas some disturbing trends I’ve observed in Mayor Jerome Stocks’ records.

Figure 1 shows that, from 2000 through 2008, his contributions have become dominated by donations from development-related contributors (in red), especially from outside of Encinitas, some from as far away as Texas and Bethesda, MD.

In contrast, donations from development-related contributors from Encinitas and Encinitans overall (in green) have declined dramatically.

Figure 2 demonstrates that these patterns are mostly true for gross dollars. 

It’s also interesting to observe (Figure 3) how the developers evolve in each election to reflect what companies have or are considering projects in the city.

With all the above as history, I want to present information I recently discovered regarding some contributions listed in Mayor Stocks’ 2008 460s (Figure 4).  I noticed in his 2009 filing for the 2008 election that he had received $2,000 in checks from O’Day Consultants, its president, and 6 employees (see the fourth graphic).  All checks were dated 6 November 2009, a full year after the 2008 election.  This seemed odd so I queried the city website to see if O’Day Consultants had done business with the city.  I found that, indeed, O’Day Consultants had been awarded a $77,000 contract in September 2009.  This was only two months before they donated $2000 to him.  This timeline shows the temporal relationships.

I’m including Figure 5, with data taken directly from his 2008 Form 460s, just to avoid any misunderstandings regarding the contributions from O’Day Consultants.

Now I understand that receipt of such contributions is legal.  But, in view of the history of increased contributions from development interests since 2000, it certainly does sharpen one’s perspectives and concerns about potential “quid pro quo” activities.  One becomes suspicious.

I find it hard to understand what would motivate O’Day Consultants, none of whom live in Encinitas, to donate maximum contributions to an already elected city councilman from Encinitas.  It is clear from his Form 460s, however, that they did allow Mayor Stocks to pay off most of his outstanding debts from the 2008 election.

Another questionable aspect of this contribution is that it is illegal for an employer to ask his employees to donate or to reimburse them for their donation. I have observed similar donation patterns in Stocks' campaign records (e.g., Barratt American in 2004). It really stretches one's imagination to suggest that all of these managers, in Carlsbad, would be interested in contributing $250 each to a city councilman in Encinitas, a full year after he was elected in 2008.

Mr. Stocks also had donations in excess of the $250 allowed by city code in at least three instances (Kevin Allin, Don Hansen, and The Sands Encinitas, LLC), and probably more if some cases where likely owners of companies donated in both their and company's name.

These patterns certainly give me concern about who Mayor Stocks is representing from his seat on the city council, whether he is representing me and the other citizens of this city, or whether he is representing developers and other groups from outside the city.  Can we trust him to govern our city with our interests as his top priority?  Do we count as much in his mind as the developers?

This post is contributed by a community member. The views expressed in this blog are those of the author and do not necessarily reflect those of Patch Media Corporation. Everyone is welcome to submit a post to Patch. If you'd like to post a blog, go here to get started.

Mike Andreen October 28, 2012 at 09:24 PM
Jim Kydd is still violating the campaign laws for California. I have posted a photo at the top of this article that will match up the people behind Dump Stocks, the same people who are in lockstep with Jim Kydd and the proof is on the 'comment' section under the on-line comedy routine entitled 'Setting the Record Straight' by JIM KYDD also on the front page of 10-26-12 Coast News Col. 1. The reason its' amusing is, there absolutely will be a FPPC investigation and the identity of the financial contributors Jim Kydd told the North Coast Current existed last Sunday will come out, just not before the election. While many believe this feeble ploy clever, it comes with an invoice for cleaning up the city of Jim Kydd's Dump Stocks bumper stickers; as well as an organized demand for the Coast News blue boxes that currently are allowed on the public's right-of-way to be removed, forever. Before you start bleating, Kamada, this isn't a case of a government lashing out at a journalist that is trying to find the truth. Its someone hiding behind the false face of a journalist, that is violating the law in a half-dozen ways to make change; which the Dump Stocks people refuse to admit is unlawful, but what City needs to give public space to someone attempting to fulfill his promise to the late councilwoman? Come clean Jim Kydd. Go to: http://www.youtube.com/watch?v=3b0DcBiGOKU or to: http://newencinitasnetwork.org/blog/?p=945
Mike Andreen October 28, 2012 at 09:47 PM
Apologize, Professor Lees. If you cannot connect the dots between your insinuations and reality? All accusations and no factual documentation. Because these insinuations you are desperately trying to disseminate to the electorate are groundless. And if you cannot prove anything, then perhaps you will have enough integrity enough to apologize; just like your wife, Kathleen did when she removed the 30 Jerome Stocks campaign signs in 2004. Mr. Canler; your obvious, cynical campaign of scare-tactics to frighten hard working people into signing an Initiative petition prepared with enough mistakes in it to cause major harm to our city; including the flooding of the coastal neighborhoods with the capacity for 1300 low income units that you don't wish to see in New Encinitas, right? Left that out for the coastal advocates didn't you? Gerald Sadomka, Bob Bonde, Andrew Audet are being sued for violating campaign laws and not the incumbents? Those are facts, right? What about Kevin Cummin's outrage at Kathleen Lindermann leading, on behalf of Kranz and Shaffer, a 'takeover' of the ETA on the evening the ETA endorsements were made? Go here; http://www.theleucadiablog.com/2012/08/encinitas-taxpayers-retrofit.html And what about Jim Kydd directing the Silent Protest December, 2011 and editing his own image out on the front page of the Coast News? (photo above). Kydd, is still in violation and will continue to be until the Dump Stocks names are released.
Olivier Canler October 29, 2012 at 12:14 AM
Here is the recommendation from ERAC. Mike Should remember it since he attended the meetings: This is posted on the city website. "5) Strategy/Policy recommendation: Selectively consider 4 to 5 stories in certain locations,. Planning Staff would identify specific sites where high density could be accomplished in a context sensitive manner (e.g.; views and surrounding land use zoning). Reason: (Identify the reason for the policy recommendation.)There may be parcels that lend themselves to higher density/more stories without impact to surrounding areas and would utilize less horizontal land and require fewer locations to accomplish the needed units." Leaving up to the city planners to plan where zoning for 5 stories buildings should be is indeed scary! Mike Andreen has never been shy about trashing the city planners in the past. Not sure why he is not vocal about this now. These are facts, not scare-tactics. This recommendation should be presented to Council on December 12th. Stay tune!
Olivier Canler October 29, 2012 at 12:17 AM
For the record, the Initiative does not force any development along the coast as Mr. Andreen suggests. There is only one small area (D1) in the downtown area specific plan that currently allow R-30 density. If R-30 is indeed requested by the State to comply with RHNA, then any area in any of the 5 Encinitas communities would be considered. Also, Mr. Andreen should note that the initiative has volunteers from all 5 communities including many from the coastal areas. What would be their motivations to be involved in this if it was going to bring all future developments in their neighborhoods? The initiative is the only way to let people be involved in the destiny of their communities. In the unlikely event that Ms Shaffer and Mr. Kranz are not elected it is one safeguard we need to have in place to curb the pro-growth push from the likes of Mr. Stocks and Mr. Forrester and their financial backers.
RATSJ October 29, 2012 at 01:56 AM
It is time for Stocks to bid all adieu. He has been on council way too long and his head keeps getting bigger each year. The only thing he cares about is himself. Everyone vote to dump this moron.
Olivier Canler October 29, 2012 at 05:57 AM
Mike Andreen. please start spending some energy on articulating a positive vision for Encinitas (and please let's not bring the 98%). You spend all that time on character assassination of those that oppose Jerome Stocks. All these negative blogs surely can't help the mayor's re-election. All I hear from your vitriol statements are negative things. We know you hated the draft General Plan and was pleased about the reboot. You have attended most of the GPAC and ERAC meetings, so please Mike, tell us what is your end game? If it was up to you, Mike, how would you like the housing and land-use element.to look like? Would you favor to provide maximum flexibility (such as community wide overlays) and tools so that developers can explore many avenues? Would you support density bonuses, minimum setbacks, decreased parking requirements, relaxed construction standards,expedited permitting process? It would be nice to get a vision from you and the developers you are befriending. Instead you spend your time vilifying the name of a dead council member, slandering the names of devoted community activists,and making a farce out of the democratic process with your repetitive threats concocted with your para-legal cohorts. I am afraid you are hurting more than your are helping the election of your friend Jerome Stocks. And since when being a resident of Oceanside makes you an expert in what the residents of Encinitas want? I am sure you could focus you attention to problems in Oceanside
Lynn Marr October 29, 2012 at 10:01 AM
Mike, you are attempting to hijack the thread here, to derail the conversation. I'm sorry, but I can't bear your "bleating" as a disgruntled ex contributor to the Coast News. I'm no longer reading your posts or looking at any of your links, Mike. I think somewhere inside of you is a good writer and I respect that you did a public info request to the City, before. But these smear tactics of yours are not helping Stocks. Do you even care about that? Are you really just trying to vent your anger against Jim Kydd and other respected members of our community. I'm sorry you had to move away. Perhaps if you had a change of heart, and of mind, you could find something constructive to occupy your time, a kinder way to earn a living?
Lynn Marr October 29, 2012 at 10:04 AM
Thank you for observing, researching and sharing your informed opinions with us, Dennis Lees. I hope people don't become discouraged or caught up into defending against the twisted attacks that are posted here, in an attempt to distract, and hijack the thread. Also, thanks to Olivier for his comments, as well. The truth will set us free. We will continue to work together for the betterment of our whole community.
Joe Corder October 29, 2012 at 03:51 PM
Mike your an ASS
Joe Corder October 29, 2012 at 03:53 PM
Mike I have 2 tickets for a one way out of encinitas, you and your boy jerome can use it on the 7th of Nov
Marcia Ledesma October 29, 2012 at 10:10 PM
Stop calling people names you idiot.
Marcia Ledesma October 29, 2012 at 10:14 PM
quid pro mi culo In my home country we have a saying: Rooster crows. Sun comes up. Roosters do not cause sunrise.
Mike Andreen October 29, 2012 at 10:27 PM
Mr. Corder, I will still have a job after next Tuesday, whereas... Also, Mr. Corder, I cannot tell you what a relief it is to have you, Lynn Marr and Kathleen Lindermann as the representatives of Tony Kranz and Lisa Shaffer campaign team, perhaps you can create a video of the three of you? Not to detract from the hilarious support you folks are giving the soon-to-be-investigated Publisher of The Coast News, Jim Kydd. And Joe, I know you are excited, but it is 'you're' not your. Or are you Chris may just pretending to be Joe? As we once advised Mr. Bruce Ehlers, he of the twice documented illegal campaign loans, a curious ploy that Mr. Aronin seems to have copied,"Time for you to get an umbrella, Bruce, a hard rain is about to fall." Tomorrow.
Joe Corder October 29, 2012 at 11:16 PM
Mike the plane is waiting
Joe Corder October 29, 2012 at 11:25 PM
Marcia, please tell everybody what your quote means. Then tell us who is the idiot.ps I know what it means
Lynn Marr October 29, 2012 at 11:59 PM
I support Jim Kydd. I am not part of any campaign team for Tony Kranz or Lisa Shaffer, although we do have signs up on our property for them and Barbara Yost. Also, a DUMP STOCKS sign. You seem eager to drop a lot of names, but with no facts to back up your allegations. Your ranting against those who envision positive change, your futile attempts at mud-slinging are backfiring, Mike. You are only hurting Stocks, through his affiliation with you, at this point.
Olivier Canler October 30, 2012 at 05:30 AM
Since we are having a cultural exchange, I should add a saying from my home country "Les carrottes sont cuites": Translation: the die are cast, 8 days to wait for Lisa and Tony to be on the dias.
Cyrus Kamada October 30, 2012 at 03:41 PM
Right, I understand. Even if the rooster doesn't crow, the sun still comes up. The question the public should be asking though, is if O'Day Consultants did not receive a $77.000 contract from the city in September, would the president of O'Day and 6 employees still have contributed $2000 to Stocks' campaign in November.
Marcia Ledesma November 02, 2012 at 10:12 PM
Cyrus, A quid pro quo would entail prior agreement--you scratch my back, I'll scratch yours. In many places that is how almost any kind of business works. It works exactly that way for you at the grocery store. You trade cash for the food you get there. The public can ask all the questions the public wants to ask. And the public deserves answers from its elected representatives. But your question about the contract and the campaign contribution is not really a question. It's a statement in the form of a question. Oviously you think the contribution was payment for a service. You can believe anything you like but by the way you and all the other squeaking wheels need to fix your flat tires before you even think about getting the grease. Most people are smart enough to know the difference between questions you ask because you actually want to know the answer. Your questions are accusations. Why don't all you complainers stop pretending to be polite? You're not. Maybe the reason why you think others are arrogant is related to the way you treat them. Okay that's enough maybe. But. Why do you make accusations you can't prove? And if you can prove them, why hasn't that happened? History shows that people can be really convincing even when they don't prove what they say about others. Look what Hitler did.
Marcia Ledesma November 03, 2012 at 08:34 PM
You and your friends keep talking about what a dead lady want, and I'm stupid?
Marcia Ledesma November 03, 2012 at 08:38 PM
You so smart. Who is everybody?
Marcia Ledesma November 04, 2012 at 01:51 AM
I have been reading your favorite newspaper. And I have been listening to what you say in other places. You think you can save the world by riding a bike? You think you can vote on a five story building? You do not know. Your little town should stay like it is now? It is not a little town. How many are living here now? About 60,000. Joe Hero Video Corder can run around at night with his dumb camera all he wants to run around. You know what you should do Joe Video? You should go to the bathroom where St. Teresa, St. Tony, and St. Lisa share the toilet paper and recycle it for the neighbors. Everything they do is good. And everything anyone else does is bad. But if they agree with you it's good. I'm mad. Yes. I am. Dump You. Dump You, Joe. Dump You Teresa. Dump You Teresa. Dump You Tony. Dump You Lisa. And flush it twice everry time because it is a long way to sewer where you can be kind to the animals and live with them there like the rats you are.
Dennis Lees November 04, 2012 at 02:11 AM
Wow!! Such class!! But what should I expect?
Joe Corder November 08, 2012 at 07:50 AM
Marcia how do you like me now? Your boy jerome is out of enncinitas
Marcia Ledesma November 09, 2012 at 02:22 AM
Joe. You be happy with the bragging like I would hear from a 12-year old. Everyone here does not understand how good the democracy is compared to other places. I see you and your kind with dumping this and dumping that but you are like spoiled child. Why not support your choice for office by explaining why your choice is better instead you call names and point fingers and act like stupid idiot with slobber running down chin and getting onto your own dirty shirt. Shame on all of you who try to tear people down instead of working to improve the way we have to communicate in order to make place better for all. Marcia Ledesma
Joe Corder November 09, 2012 at 02:44 AM
Well Marcia im not going to get into with you because this is about the mayor doing something wrong. I really dont have anything against you. So I will be the first to say sorry if I went across the lines.
Lynn Marr November 09, 2012 at 02:37 PM
Marcia, I'm glad for what Joe has contributed. Dump Stocks is a reference to getting rid of stocks by investors. You are the one comparing it to bowel movements. You are calling names and attacking the majority who wanted to dump Stocks. We are glad he was dumped. If that word offends you so much, then don't keep subjecting yourself to participating here. You are like the pot calling the kettle black.
Marcia Ledesma November 10, 2012 at 07:38 AM
Yes. I'm sorry too. I have been mud in the ugly ditch sometimes like when I get mad. Bowel movements do not belong on the internet. Besides the toilets here are very nice. They are clean. And even though I do not hold anything against it if I was, I am not black. I am more brown like someone who was born outside and stayed in the sun but not too long.
Lynn Marr November 11, 2012 at 05:56 AM
Marcia, DUMP STOCKS is only related to bowel movements in your mind, which seems to be obsessed with or attached to fecal matters. As I said, before, DUMP STOCKS was a reference to the stock market, investors' poor return on stocks, and a lot of losses that were taken, which forced many to dump stocks they had purchased in hopes, of course, that they would increase in value.
b thomson November 13, 2012 at 12:34 AM
i am so pleased that stocks is history. ever since he went againest the dog park plan ( because he stated that he went down on his hands and knees to smell dog urine at orpheus park one day and claimed it smelled ) i hope he spends more time in the future smelling honesty and humbleness.

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