Judge weighs whether convention committee must release finances
Philadelphia Common Pleas Court Judge Abbe F. Fletman is set to decide whether the Democratic National Convention host committee's fund-raising reports must be made public.
Philadelphia Common Pleas Court Judge Abbe F. Fletman is set to decide whether the Democratic National Convention host committee's fund-raising reports must be made public.
The Philadelphia 2016 Host Committee is fighting the release of the quarterly fund-raising reports it is required to file with the Philadelphia Authority for Industrial Development (PAID), the public agency that guaranteed it a $15 million line of credit. Last month, the state Office of Open Records ordered those reports released to the public.
On Thursday, Fletman heard arguments from the host committee, PAID, and freelance journalist Dustin Slaughter, who is asking the court to order the release of the documents before the start of the convention Monday.
"In light of the fact that the host committee is still short on their fund-raising goals and that a $15 million line of credit could come into play, the public has a right to know immediately what's happening behind the scenes," Slaughter said Thursday following the court hearing.
The host committee has maintained that it will only release its donor list and expenses 60 days after the convention, the deadline set by the Federal Election Commission.
David Pittinsky, the host committee's attorney, said the committee does not want to release its fund-raising reports, which include how much money it has plus how much it has spent and on what, because the committee is still raising funds and negotiating with vendors.
"We have ongoing activities that we think will be adversely affected by premature disclosure," he said.
Pittinsky argued that federal election law supersedes Pennsylvania's Right-to-Know Law.
"This is all governed by federal law and the federal law provides that we provide the information the plaintiff is requesting no later than 60 days after the convention and the Right-to-Know Law does not apply," Pittinsky said following Thursday's hearing.
Chapin Cimino, attorney for Slaughter, argued that the host committee waived its right to keep the fund-raising documents private until after the convention when it signed an agreement with PAID. As part of that deal, the committee promised to file quarterly fund-raising reports to the public agency.
"They could've kept these documents totally private but they waived that right when they signed the contract," Chapin said after the hearing.
PAID has deferred to the host committee on the matter. At Thursday's hearing, Karl Myers, who is representing PAID, said that the agency has an obligation to "honor a claim of exemption" of a third party.
"We simply stepped out of the process and said, 'We're honoring this claim,' " Myers told Fletman. " 'If you two want to litigate, you can.' "
Anna Adams-Sarthou, spokeswoman for the host committee, said the committee has less than $2 million left to raise. As of Thursday, she said, the committee had $56 million in cash and confirmed commitments, and about $16 million in in-kind contributions.
"These actions are perpetuating a negative narrative that does not exist," Adams-Sarthou said in a statement. "The fact is the host committee's fund-raising has been on track and, moreover, successful, with no city dollars spent to cover any of our obligations.
"We are following the rules that govern disclosure and will be compiling an extremely comprehensive and transparent report with the FEC 60 days after the convention."
Fletman gave both sides until 1 p.m. Thursday to file any briefs. She promised to make a ruling soon.
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