Category Archives: Kari Birdseye

Valero paid for smear campaign, survey attorney claims it was not a “push poll”

Repost from the Vallejo Times-Herald
[Editor:  Download City Attorney’s Oct. 5 letter here.  – R.S.]

Valero refinery sponsored survey calls, Benicia City Attorney says

By John Glidden, October 5, 2018 at 5:32 pm

BENICIA — The mystery of who sponsored a poll to survey Benicia residents about the upcoming City Council election has been solved.

Officials with the Valero Benicia Refinery confirmed to Benicia City Attorney Heather Mc Laughlin on Thursday that Valero authorized the polling.

Mc Laughlin revealed the information in a formal letter she sent the Los Angeles-based Kaufman Legal Group. A copy of Mc Laughlin’s letter was provided to this newspaper.

Valero Benicia Refinery General Manager Don Wilson couldn’t be reached for comment on Friday.

Mc Laughlin was ultimately responding to a letter Kaufman attorney Gary S. Winuk sent the city on Monday defending Research America, Inc. and EMC Research.

A representative from Research America, a data collection company, previously confirmed to the Times-Herald that the firm was hired to gather polling information for EMC.

Contacted by phone on Friday afternoon, Winuk didn’t want to confirm if Kaufman is representing both Research America and EMC Research.

“I don’t have anything to say about it,” Winuk said before abruptly hanging up the phone.

Several Benicia residents, including Vice Mayor Steve Young, said they received a phone call from a group — later identified as Research America, Inc. — asking to conduct a survey about the City Council, senatorial and gubernatorial contests.

However, Young, said that most of the questions centered on Benicia City Council candidates Kari Birdseye and Lionel Largaespada.

“The statements about Mr. Largaespada were uniformly positive and stated how, for example, he would use his small business background to improve the city’s economy and relations with its businesses,” Young wrote in a Sept. 20 letter published by the Benicia Independent. “The statements about Ms. Birdseye were the opposite. Among these statements were ‘She wants to shut down Valero, costing hundreds of jobs,’ and ‘She will bring radical left-wing politics to City Hall.’”

Young said the survey was a “push poll,” a type of survey meant to influence voters instead of gathering objective survey information from those called.

Winuk in his Monday letter denied that the survey was a “push poll.”

“The public opinion research survey in question was designed to gather feedback from local voters on issues relevant to the upcoming election. It involved a robust sample methodology, designed to achieve a random sampling of likely voters from within the city of Benicia,” Winuk wrote.

He further said 256 randomly selected likely voters from within Benicia were contacted from Sept. 6 to Sept. 20 to participate in the survey.

In response to the calls, the Benicia City Council met in closed session on Tuesday. A majority of the council directed Mc Laughlin to contact Research and EMC Research about the survey, and ask for a copy of the questions and provide information on who paid for the poll. She was also directed to contact the California Fair Political Practices Commission about the calls.

At issue is the alleged failure of the companies to disclose who paid for the poll — a violation of the Benicia Municipal Code.

“From the reports I received, the polling by your clients may have contained “push” questions without disclosing the payor and amount spent,” Mc laughlin wrote in her letter to Winuk. “The caller also did not provide a ‘paid for by’ disclaimer at the end of the phone calls.”

Winuk previously said the poll was not a campaign communication, and “did not require any disclaimer and did not violate any federal, state or local laws, including the provisions of the Benicia Municipal Code.”

Mc Laughlin’s Friday letter officially requested a copy of the poll questions.

“In order to avoid having to issue a subpoena, I would ask that you voluntarily provide a copy of the poll questions to me within the next 72 years,” Mc Laughlin wrote to Winuk.

She also requested an itemized invoice which shows the times, dates and number of calls made. Finally, she asked that Winuk file disclosure reports for any future push polls, which meet the definition of an independent expenditures, and also ensure a disclaimer is provided with the calls.

“The city believes strongly that an open, fair and truthful election process is essential to promoting and improving public trust in the election process,” she wrote. “The city also believes that candidates should have meaningful opportunities to respond to claims about their qualifications and positions on issues.”

Benicia City Council directs city attorney to take action against push poll

Repost from the Vallejo Times-Herald

Benicia City Council directs city attorney to take action against push poll

By JOHN GLIDDEN, October 3, 2018 at 5:55 pm

BENICIA — Fearing an outside group or person is attempting to negatively influence the City Council elections, councilors took action Tuesday night.

The council in closed session directed City Attorney Heather McLaughlin to contact the California Fair Political Practices Commission in response to a series of calls residents received that some say smeared one of the council candidates.

“When an outside force appears to be engaging in activities that are outside of the ordinance and not disclosing who they are — I think we have no choice but to move forward,” Vice Mayor Steve Young said in the meeting.

Several residents, including Young, have received a phone call from Research America, Inc., asking to conduct a survey about the City Council, senatorial and gubernatorial contests. However, Young says that most of the questions centered on candidates Kari Birdseye and Lionel Largaespada.

“The statements about Mr. Largaespada were uniformly positive and stated how, for example, he would use his small business background to improve the city’s economy and relations with its businesses,” Young wrote in a Sept. 20 letter published by the Benicia Independent. “The statements about Ms. Birdseye were the opposite. Among these statements were ‘She wants to shut down Valero, costing hundreds of jobs,’ and ‘She will bring radical left-wing politics to City Hall.’”

A representative with the data collection company Research America previously confirmed to the Times-Herald that the business was hired to conduct the survey by EMC. Representatives with that group didn’t return calls for comment.

McLaughlin was also directed Tuesday to contact Research America, Inc. and EMC Research about the survey, and ask for a copy of the questions asked and provide information on who paid for the poll.

At issue is the alleged failure of the companies to disclose who paid for the poll — a violation of the Benicia Municipal Code.

Many have called the survey a push poll. Such polls are meant to sway public opinion instead of recording objective information from those surveyed.

Councilman Tom Campbell also spoke during Tuesday’s meeting stating that residents support having fair elections in town.

Campbell, who spearhead a campaign reform initiative in 2009, said he got 1,200 signatures during that time with only five people expressing doubt about the initiative. The rest supported the item, he said.

“Ninety-nine percent of the people want the same thing. They want to be fairly informed of who is actually backing a candidate. They want the elections to be clean, and they want people, who spend money on elections, to disclose how much money they spent,” he said Tuesday.

Campbell further said that if Research America and EMC won’t provide answers that are necessary for the city to go to court for those answers.

Larnie Fox: Why vote for Kari Birdseye?

Why vote for Kari Birdseye?

By Larnie Fox, October 3, 2018
Larnie Fox, Benicia

I just got off the phone with Kari Birdseye and I am happier than ever to be supporting her bid for Benicia’s City Council. I got to know Kari this year as her teammate in Benicia’s bocce ball league. I’ve found her to be refreshingly open-minded and optimistic. Given the divisive, confusing times we are living in, I totally trust Kari to provide clear, transparent and forward-looking leadership on the Council.

Kari is a long-term thinker. She often emphasizes the difference between reactive and proactive thinking. She told me that she believes that the whole current water rate mess could have been solved in the early 2000’s if a more proactive, less divided Council had been in place. You can expect Kari to oppose deferring any more infrastructure maintenance, especially on streets and the water system.

Kari is inclusive and is a good listener. She told me that during the course of her campaign she has been hearing from many people who have been hurt by the increased water rates. Once on Council she will work hard to address the issue, especially for low-income folks and seniors on fixed incomes. You can expect her to listen carefully, take everyone’s concerns seriously, then work to implement creative, proactive solutions that will ease current problems and prevent future problems for years to come.

Kari is a consensus builder. In her job as a Strategic Communications Manager for the NRDC, she works with scientists, engineers, lawyers, the press and the public to build consensus. She can learn from and talk to anyone.

Kari is independent. She does her homework and makes her own decisions. She will not be beholden to any business, union, politician or political group. Unlike other candidates, she is taking no money from corporations or businesses. She will make her own decisions. She is not anti-refinery. She wants a better partnership with Valero, but if necessary will stand up to big oil, real estate developers or any other group to protect our long-term economic interests as well as our air, water and land.

Kari is a committed Benician. She has lived here for nearly twenty years and raised her son and daughter here. She served on the board of the Benicia Stingrays swim team for nearly a decade, and was president for two years. Her son is now a lifeguard. She’s a past Mathew Turner PTA member, and now serves on the board of the Solano County Fair. Her 96 year-old grandmother also lives in Benicia, and Kari is well aware of the issues that local seniors face.

Kari understands the value of arts and culture in Benicia, both for their economic impact and their intrinsic value – making Benicia a more interesting and inviting place.

And I like her.

Vote for Kari, and remember to thank ALL who serve, have served or are willing to serve as officials in our local democracy. Their headaches are many, and their rewards are few.

Larnie Fox

Benicia City Attorney investigating outsider election smear campaign

Repost from the Vallejo Times-Herald
[Editor: Vice Mayor Steve Young and many others who received the call have been perfectly clear about the smear tactics of the “push poll” callers who have spread misinformation and lies about candidate Kari Birdseye.  Kari’s opponents have publicly raised questions about whether there even was a bias (see  Largaespada’s and Strawbridge’s highlighted comments  below).  For a detailed and accurate description of the blatant bias, see Steve Young: Benicia voters should be wary of fake polls.  Kudos to City Attorney Heather McLaughlin for looking into this.  Learn the truth about Kari Birdseye at BirdseyeForBenicia.com.  – R.S.]

Benicia officials looking into push poll incident

By John Glidden, October 1, 2018 at 7:01 pm

BENICIA — City Attorney Heather McLaughlin has launched an investigation into whether the city’s campaign ordinances were violated after several residents reported receiving a survey call about the current Benicia City Council candidates.

McLaughlin confirmed last week that she will be meeting with the City Council in closed session on Tuesday about possibility initiating litigation in response to the calls.

The calls came to light after Vice Mayor Steve Young wrote a letter, first posted on the Benicia Independent website, stating he received one of the calls from Research America, Inc, a data collection company which has multiple branches throughout the United States.

Young said the call originated from a Saratoga phone number, and the pollster said she would be asking questions about the City Council, senatorial and gubernatorial contests. However, Young alleges that only questions about the council were asked.

He further said that the person asked a few questions about Christina Strawbridge, and none about William Emes, however, “there were lots of questions about Lionel Largaespada and Kari Birdseye.”

“The statements about Mr. Largaespada were uniformly positive and stated how, for example, he would use his small business background to improve the City’s economy and relations with its businesses,” Young wrote. “The statements about Ms. Birdseye were the opposite. Among these statements were ‘She wants to shut down Valero, costing hundreds of jobs,’ and ‘She will bring radical left-wing politics to City Hall.’”

Young said the call was a push poll. Such polls are meant to sway public opinion instead of recording objective information from those surveyed.

Reached by phone Monday, a Research America employee, who declined to give his name, said the company was paid to “collect data as an opinion poll only.”

He also denied the poll was meant to sway voters. However, the employee confirmed EMC Research paid for the poll. A representative of the company couldn’t be reached for comment on Monday.

McLaughlin said her investigation centers on whether the pollsters disclosed who paid for the campaign poll.

“It is a little hard to say what section (the polls) are violating since we don’t know enough about the poll,” she wrote in an email, first reported by the Benicia Herald. “If the poll is paid for by a candidate there are rules for that. If it is paid for by an independent committee there are rules for that. All of it basically boils down to disclosure. They should be disclosing who is behind the poll.”

In a letter posted online, Largaespada said he had “no involvement whatsoever with this poll.”

“I do not know who is conducting it, and it was done with no input or permission from me,” he wrote. “ I have heard from many residents about the poll, and I have heard many different opinions on how it was conducted – ranging from Steve’s claim that it is biased towards me, to residents who found it equally balanced, to others who thought it was negative-sounding towards me. As with most topics, people have differing reactions and take always based on their own beliefs and opinions. 

Largaespada said he is against push polling as it doesn’t benefit anyone.

A blog post on Birdseye’s campaign page, “When they go low, we go high,” said the campaign had nothing to do with the poll.

“However, the telephone pollster offered lies about me and flattering comments about one of the other candidates,” she wrote.

Birdseye followed up by responding to Largaespada’s comments about the poll.

“The favored candidate has publicly denied involvement. I believe him, but then he claims that the poll wasn’t necessarily biased,” she wrote. “He suggests that people hear what they want to hear.  But many Benicians have reported that the push poll is an obvious attempt to smear my good name.”

Strawbridge also said she does not favor push polling.

“It has no place in our town’s election process. That said, during most of the elections I have participated in, there has been influence coming from both outside and inside Benicia. At times the facts have not always been true for or against a candidate,” Strawbridge wrote in an email to the Times-Herald on Monday. “Since I was not surveyed  and there have been conflicting reports about the content of the questions , more information is needed as to the who and the what of the poll.”

She further said forums are a great way to find out where candidates stand on important issues.

Financial records submitted by the three campaigns last week to the Benicia City Clerk’s Office show that none hired EMC or Research America to conduct the poll.