Copper Gazette comes under fire from Michael McDaniel

Recently the Copper Gazette has come under fire for reporting what Michael McDaniel claims to be “spurious mis- information” regarding the Spellman recall effort.

In an effort to report true and factual information the Gazette utilizes direct quotes from parties involved and documented information from the County elections office. However, it is not uncommon that once a person sees in writing their verbal response to a question they have misgivings about their response.

On October 20, 2011 the Gazette asked McDaniel to clarify what, if any, was the state’s involvement in the recall process, with regards to a comment he had left on the Copper Gazette referring to “state experts (advising) our local officials.” McDaniel responded, “Madeline (County Clerk Recorder) checked with the state to clarify as how a recall should be done in relationship to a district undergoing boundary changes. If it fell under the new boundary lines we would be well on our way to an election recalling Spellman, as our numbers from this side of old district five are going Like gang busters. Copper area being harder because people feel they already got rid of him. Also bad reporting with unsupported facts like the cost of the election and changes in the recall effort without verifying facts just adds to it. But then again maybe that is your goal?  Not sure at this point. Any time you report anything regarding me without verifying it with ME Your crossing a thin line.”

The Gazette asked for McDaniel to verify what he meant by ‘your crossing a thin line’. No response was received at the time of this writing.

According to McDaniel's reference to issues, the issue began when the Copper Gazette printed an article containing a statement from previous District 5 Supervisor Russ Thomas claiming that he was “taking the lead” for the recall effort. Both McDaniel and Thomas deny this claim. On October 7, 2011 in a telephone interview Russ Thomas stated he was taking the lead and was waiting for the paperwork. He also expressed disappointment at the lack of coverage in the Gazette for recall booths in Copper. At the time of Russ' call the Gazette was not aware of any such booth to date in Copper.

On October 8, 2011 Thomas, educated in political campaign laws, paid cash for a space at the Parks and Recs Flea Market, an open air sale for household items, and set up a recall booth possibly putting the 501c3 in jeopardy. When the Copper Gazette pointed out the jeopardy Thomas may have put the organization in he did not respond. Mr Reid, a spokesperson for Parks and Rec was asked about the possible jeapardy, he stated, “We were unaware of the potential damages that could incur. We are very sorry if this offended anyone and it will never happen again at a CP& R function.”  McDaniel signatory on the petition for recall and educated in campaign laws, declined to comment regarding knowledge of the booth. 
On October 19, 2011 Thomas stated “I am collecting signatures…but I’m not leading anything.”

McDaniel has kept in contact with the Copper Gazette regarding updates with the recall effort, though not releasing numbers of signatures on the recall petition, and regularly offers critiques of articles written on the subject. McDaniel maintains that the Gazette has overinflated the cost of the recall and that the state has cleared the redistricting confusion. The Copper Gazette has utilized the Calaveras County Elections office for all information related to both the cost of the recall and right to vote in recall after redistricting.

Recall costs:

Rebecca Andahl of the County elections office has estimated the total cost of a recall to be approximately $30,000.

Who can sign the petition and vote in the recall:

Calaveras County Clerk Recorder Madaline Krska stated, “The recall election is held in the district as it existed at the time the District Supervisor was elected, which is based on established California law interpreting similar state redistricting election issues. That includes signing petitions, recalling the supervisor, and re-electing a new supervisor to fill the unexpired term. The next scheduled election for the District 5 Supervisor will be June of 2014 and at that time the supervisor will be elected under the new lines.”

In a letter to the Calaveras County Elections dated August, 15, 2011, Jean M. Lean, Chief, Elections Division State of California Elections division, cited the following cases of California law interpreting similar state redistricting election issues:

Gaona vs Anderson 1993 – re: discrimination http://scholar.google.com/scholar_case?case=14469161485512162620&q=gaono+v.+anderson&hl=en&as_sdt=2003

Sloan vs Donoghue 1942 -  re: double representation http://scholar.google.com/scholar_case?case=15809510813970149122&q=989+F.2d+299&hl=en&as_sdt=2003

Legislature vs Reinecke 1973 – re: reapportionment of legislative districts in California http://scholar.google.com/scholar_case?case=9246085699745092345&q=989+F.2d+299&hl=en&as_sdt=2003

Lean added, “Pursuant to previous court decisions, any recall election involving a member of the Legislature or Board of Equalization, or a special vacancy election to fill a legislative vacancy, the existing – not the proposed – district lines would be used for that election.”


(In a letter to the Calaveras County Elections dated August, 15, 2011,) was updated 10-24-11