Mullin exonerated of campaign allegations

“We find that no violation (of the Poway Municipal Code) has occurred,” wrote attorneys Shawn Hagerty and Brooke Miller.

“These were very frivolous allegations and a pretty transparent attempt to smear me and my campaign,” Mullin said on Wednesday. “I’m very glad to have this quickly and completely confirmed by independent outside counsel.”

The written opinion, dated Tuesday, was sent to Poway resident Deanna Padilla, who had written City Attorney Lisa Foster asking that Mullin, elected to the council in June, and his campaign be investigated for several alleged code violations. Padilla asked the city to investigate circumstances surrounding the ownership of two Mullin campaign websites, his alleged failure to report the costs of materials used to build large campaign signs, and his alleged unreported contributions from two businesses where signs were placed.

The letter to Foster was also signed by Padilla’s husband, Mario. She has declined to speak to the News Chieftain about the letter.

Hagerty and Miller, with the San Diego firm of Best Best & Krieger, were retained by city as special counsel, since Foster is hired by the City Council and would have a possible conflict if asked to investigate one of her bosses.

As to the website allegation, Hagerty and Miller wrote that “website registration and hosting costs do not constitute contributions” and that web-related costs were property reported by the Mullin campaign. The letter said “insufficient evidence” was provided with the complaint to conclude that Mullin’s adult son, Jeff, or the family’s business, Pacific M Painting, made an illegal contribution. Jeff Mullin registered the campaign website and arranged for its hosting using the company’s business address in Escondido.

Regarding materials used to build campaign signs, the letter to Padilla concludes that a campaign payment of $2,155.48 for signs was made to Mullin’s wife, Susie, and that the complaint lacked any evidence to suggest that signs or materials were donated or loaned by a third party.

Padilla’s claim that the posting of signs at two businesses constituted a campaign contribution was dismissed by the special counsel.

The letter is the second of its kind filed in connection with the June 8 recall election, where City Councilwoman Betty Rexford was removed from office and replaced with Mullin.
Resident Adam Sullivan made several written allegations against the campaign of recall leader and council candidate Steve Vaus. Several were investigated by an appointed special counsel, who found that the allegations could not be proven. The appointed special counsel in that case charged the city $5,190 for her time, according to City Manager Penny Riley.