Wednesday, June 26, 2013

READ: Judge In DiCiccio Campaign Finance Case Denies Restraining Order Request, Sets Hearing

The Superior Court judge turned down opponents of City Councilmember Sal DiCiccio yesterday, denying their request for a Temporary Restraining Order against a campaign committee and subsequent corporation that DiCiccio had set up to fight an attempted recall in 2011.  (Minute entry and Defendants' Response below)

Maricopa County Superior Court Judge Mark Brain set up oral argument for July 8 on the issues as to whether plaintiffs - three women opposed to DiCiccio's re-election this year - are allowed to file suit alleging that the surplus funds from the 2011 anti-recall committee were improperly transferred to a corporation set up by DiCiccio.

Arizona's Politics previously linked to the Plaintiffs' Complaint (courtesy of  Defendants filed their response yesterday, shortly before the hearing.  In it, they note that the corporation set up DiCiccio for the surplus funds from the anti-recall effort was publicly listed as a non-profit (501(c)(4) application still pending with the IRS) and that he is not permitted - by Board resolution - to pay himself from those funds.

They also make the argument for the legality and propriety of the arrangements for the surplus funds.  The state statute permits a transfer to a 501(c)(3) charitable organization and has a catch-all disposal clause; defendants make the argument that their 501(c)(4) (pending) non-profit corporation falls under the latter.

DiCiccio is up for re-election in City Council District 6, and early ballots will be mailed out on August 1 (for an August 27 election) .  His opponent is Karlene Keogh Parks.

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