The eight candidates using Data and Field
Services (DFS) reported a total of $118,541.88 in new spending with the company
on their latest campaign finance disclosures—sending over a third of all the
money that has been spent with the company to date in the last two weeks.
But unless those candidates together
spend an estimated minimum $700,000 additionally in the week which remains
until Primary Day, they will not be paying enough money to cover the company’s
costs on their behalf, according to a conservative estimation using
information about DFS provided by the Working Families Party (WFP) conducted by City Hall.
Last week, the Campaign Finance Board
officially declared DFS an arm of the WFP, following a series of investigative
reports in City Hall.
During interviews conducted in early
August, WFP executive director Dan Cantor told City Hall that there were already 142 DFS employees who had been in
place for several weeks working on behalf of those identified as WFP “priority
candidates.” He made clear that there were several levels of compensation for
employees, depending on skill and experience, but that the lowest rate was $82
per day for canvassers. But even assuming that the company has not hired
additional staff since the beginning of July and calculating them all at that lowest
rate, that would mean there have been 142 people working at $82 per day for 55
days between July 1 and the Sept. 15 primary (assuming two days off per week).
That would come to a total of $640,420.
Plus a standard approximate payroll tax of 11 percent which would come to $70,446.20, DFS
wage expenses alone would be $710,866.20.
Cantor also
boasted of the excellent benefits DFS provides to even its lowest ranking
employees. Assuming that the company pays a low $300 per month for health
insurance for three months for 142 employees, that would cost $127,800.
Even assuming
there are no benefits besides this insurance, adding it to the wage expenses,
that would have DFS paying an estimated $838,666.20 just to cover its
employees. That number does not include costs for transportation, campaign
literature and things like copying petitions which would need to be within the
company’s operating budget, nor for rent, office equipment like computers or a
phone system.
Cantor said in
the interviews in August that DFS pays a share of money to the WFP for use of
its office equipment, though no payments show up on WFP disclosures for these
costs, and that DFS pays a share of rent directly to the landlord, though the
owner of the building claimed to have never heard of either the WFP or the company. Given the
real estate market in the neighborhood of its 2-4 Nevins Street home, though,
this would easily put DFS costs over $1 million on the low end.
Yet the
cumulative costs paid by city candidates to date—$299,717.30—comes nowhere
close to this number. So far, public advocate candidate Bill de Blasio is the
biggest spender, sending $67,740 to the company. Manhattan district attorney
candidate Richard Aborn comes in second to date, at $55,000. As for the Council
candidates, Danny Dromm has spent $32,600, SJ Jung has spent $45,365, Brad
Lander has spent $30,041.88, Jimmy Van Bramer has spent $18,800, Debi Rose has
spent $7,908.54, Lynn Schulman has spent $17,500 and Jumaane Williams has spent
$24,761.88.
Much of this
spending has come since the initial reports on DFS, despite most involved campaigns
initially saying in early August that they were at that point done using the
company.
Individual
information about most of the contracts is not currently publicly available,
though according to the short explanations included with the candidates’
filings, DFS appears to provide a range of services which seems to include
campaign consulting, canvassing, campaign staff, professional services, voter
services, petition printing, field and campaign management. Unclear is how the
services provided to de Blasio, for example, are different from those provided
to Aborn, who has so far been charged just $12,000 less by DFS for work done in
his borough-wide race for him than what was charged to de Blasio, who is
running citywide.
However, the
cumulative charges can be tracked, and with them being $299,497.30 compared to
the at least $1 million in calculated DFS costs, there is a combined conservative estimated disparity of at
least $700,000.
For some time, WFP employees had been privately
confiding to others in the political world that there would be no way to track
whether DFS provided more value than the money paid to the company would have
bought, according to sources.
Cantor claimed DFS works not just on
behalf of candidates, but does other canvases as well. However, now at the
height of the campaign season, helping elect the select few priority
candidates, especially de Blasio—whom WFP employees have made clear in
conversations with many people is their overwhelming priority—most of the DFS
work is likely being done on behalf of city candidates.
Also unaddressed in these estimates is
the work being done by WFP employees such as the communications staff, since
these were not among the 142 DFS staffers in Cantor’s count, by his telling.
If this estimated disparity is correct,
the money to cover it could come from anywhere—donors, vested interests, even
some rich angel backers content to pour money into a company that Cantor
admitted in previous interviews is unlikely to ever turn a profit. Given DFS’s
officially corporate structure, tracking the company’s funding sources is
impossible via public disclosures. If money has been used to subsidize campaigns, it would be subject to the contribution and spending limits set by the CFB.
(One source for DFS funding is clear: in the first six months of the year alone, the WFP sent $408,821.51 to DFS, according to the disclosure with the state Board of Elections filed in mid-July. If additional money has been sent to DFS by the WFP since mid-July, those transfers would not need to be reported until the January 2010 filing.)
Potentially raising alarm bells at the CFB, especially given its new ruling that DFS is an arm of the WFP: $140,177.94 of the money that the WFP received as of the July filings came from five unions—UFT, 32 BJ, Local 6, CWA District 1 and CWA Local 1180—that have both endorsed de Blasio and given him the maximum contribution of $4,950 (CWA District One actually has given a total of $6,475 to de Blasio’s campaign, meaning that a refund will eventually be mandated by the CFB for the difference between that and $4,950).
While not addressing the DFS question
directly, CFB spokesman Eric Friedman said that all campaigns’ contracts with
vendors will be investigated during the audit process, potentially with an eye
toward questions of whether market rate has been charged.
“Any time goods or services are provided
at a discount that’s not provided to the general public, that essentially
amounts to an in-kind contribution. That’s something that’s subject to both the
contribution and spending limits,” he said.
DFS has not been the only entity located
at 2-4 Nevins Street to have drawn big campaign cash as the primaries draw
closer: NY Citizens Services, Inc., a company for which no records can be
located but which evidence suggests is linked to ACORN, reported receiving $42,467.30
combined from four candidates during the last filing. Two of these candidates—de
Blasio and Council candidate Mark Winston Griffith—had previously spent money
with the company, but two—Jumaane Williams and Council Member Melissa
Mark-Viverito, running for re-election—seem to be new contracts. De Blasio
reported the most new money spent with the company, at $22,500, bringing his
total to $42,951.20. Griffith sent an additional $7,927, bringing his total to
$18,483.30. Williams sent $1,540 and Mark-Viverito spent $10,500 (their money
was sent to Citizens Services, Inc., a company for which records can be found
and which has a clear ACORN link).
Williams,
notably, reported spending $540 with the company on August 26 for petitioning
expenses, paid the same day it was invoiced, though this was well over a month
after petitions were due. He also reported spending $541.88 on August 25 and
then another $220 on August 26 for petitioning expenses with DFS. The first
charge had pending since June 30, but the invoice for the $220 was not issued
until August 3.
Council
candidates Rose and Van Bramer, who previously spent money with the company,
did not report any new spending with NY Citizens Services in the most recent
filing.
As with the DFS
contracts, there seems to be a wide range of services provided and rates charged
by NY Citizens Services, which candidates have reported using for campaign
consulting, field staff, professional services, campaign workers, petitioning
expenses, canvas services and organizers. Among Council candidates, Mark-Viverito’s
rate seems to call for payments of $5,250, while Griffith’s is $5,278. Rose,
meanwhile made payments of $1,800.
De Blasio and
Mark-Viverito are among the Council members who have steered significant
government grants to an ACORN non-profit located at the same address, New York Agency for Community Affairs, which in turn
transfers most of those funds to the same ACORN account out of which many
political expenses on behalf of favored candidates are drawn.
Donating To WFP
While Paying DFS
Potentially Raises Additional Questions
On Matching Funds
Though going to
same bank accounts, contributions and payments for services for now remain
separate
Some political observers
believe that one consequence of the Campaign Finance Board’s ruling declaring
Data and Field Services to be an arm of the Working Families Party should make
the money paid to the company ineligible for matching funds. After all, there
are strict limits in how much candidates can shift to other political
committees, to prevent them from using more taxpayer-dollar matching funds than
necessary, and if DFS is just part of the WFP, the thinking goes, those rules
should apply to every dollar that the eight city candidates involved have paid
DFS.
Public advocate candidate Bill de Blasio
has already given a $10,000 contribution to the WFP, which is the limit for
citywide candidates. If the CFB rule on deductions from payments were triggered
by his use of DFS, then the $67,740 he has already sent to the company could,
presuming a 6-1 rate, cost his campaign $406,440 in matching funds, with more at risk for every new dollar his campaign pays DFS.
For now, at least, the CFB does not seem
to be viewing the money paid to the WFP as contributions in the same way as
money paid to DFS for services, despite its ruling officially linking the two.
Contributions and payments are viewed separately under the law, potentially
posing yet another new legal question created by this unique situation of a
political party forming a for-profit corporation with the same staff and
offices.
De Blasio is on pace to spend the most
money with DFS of any candidate this cycle, though he may not top the $111,092
which Darlene Mealy sent to the WFP—about half her total spending—to run her
2005 Council race. Other past top spenders with the WFP were Letitia James, who
paid the party $62,803 in her 2003 special Council race; Jerome O’Donovan, who
paid the party $78,500 in his 2001 Staten Island borough president race; and
Mark Green, who paid the party $42,000 in his 2001 mayor’s race.
All of these races occurred before DFS
was officially incorporated in February 2007. Yet aside from several small
expenses for reception tickets totaling a few hundred dollars between them,
none of these candidates made any sizable donations to the WFP simultaneously
while paying for its services. To date, de Blasio is the only candidate in city
history to make the maximum contribution to the WFP while also paying the WFP additional money for its services.
—EIRD















