Janitors’ Lynn local must list flyer fund

LYNN – The saga surrounding the custodians union’s resistance to file a campaign finance report has become like a tedious recurring nightmare for the city’s election office, but a new ruling by the state Office of Campaign and Political Finance (OCPF) should bring an end to the controversy soon.AFSCME Local 1736 President Mark Raftery responded to the city’s request for a campaign finance report late last week, after meeting extensively with the union’s legal team to determine whether or not they could legally avoid revealing their expenditures.In a letter to City Clerk Mary Audley dated Dec. 5, Raftery reiterated that the union was standing by its belief that it did not need to file a report, again referencing the 10/15 exemption. That rule essentially states that organizations that do not raise funds during an election do not have to file a finance report if they spend less than 10 percent of their revenue or less than $15,000.Upon receiving the communication from Raftery, Audley contacted Gregory Birne of OCPF, who determined that the union did not need to file the traditional campaign finance report under the exemption, but was still responsible for a separate report titled CPF 18A.According to OCPF spokesman Bradley Balzer, the union is covered under the 10/15 exemption because it did not hold a fundraiser to raise money for election advertisements. However, the union did mail out a mock-ballot promoting some candidates and encouraging the defeat of others, meaning it must still account for those expenditures on the 18A form.”Those advertisements expressly advocated for the defeat of a candidate,” Balzer said. “They have to file the 18A disclosure when they spend money to do that. If they had held a fundraiser to place the ads, then the taxpayers would be entitled to a campaign finance report to see how they spent that money, but if they were just dipping into their own funds for the expenditures they have to file the 18A.”The controversy began when the union identified itself under a different name, the Lynn School Employees Voter Empowerment Committee, on the mock-ballot and advertising. It continued through the election when some losing School Committee candidates suggested that those advertisements were responsible for swaying voters in what turned out to be a tight race near the middle of the ballot.This, combined with an ongoing feud with Mayor Edward J. Clancy Jr., raised questions as to what the union is attempting to hide by using a different name and refusing to file the reports.While the election office was incorrect in asking for a finance report, the union is still responsible for disclosing its financial endeavors on the new form, and could still face fines from OCPF if it is not submitted to the city in a timely manor.In a letter to Raftery, dated Dec. 10, Audley explained the decision handed down from OCPF, and attached the form, which must be returned to the office within 10 days.If the union fails to do so, it will face an undisclosed fine from the OCPF for each day it is late.