Fact Check: Ad says Sacramento supervisor candidate lied about income. What’d she say?

ISSUE | CAMPAIGN ADS: With the election just over five weeks away, a new mailer hit Sacramento mailboxes criticizing Sacramento County supervisorial candidate Flojaune Cofer.

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Cofer is running against Sacramento City Councilmember Eric Guerra for the seat to replace retiring Phil Serna.

A new mailer, funded by a political action committee, criticizes Cofer, who is farther on the political left than Guerra. The final sentence of the mailer states: “We can’t trust Flo Cofer to tell us the truth.”

The mailer was funded by a PAC called the Alliance to Support the Middle Class, according to campaign finance documents, whose recent donors include: The Granite Bay-based Northstate Building Association, the Sacramento-based International Brotherhood of Electrical Workers Local 340, the Los Angeles-based California Real Estate PAC and a PAC called the Sacramento Area Policy Committee.

The Sacramento Area Policy Committee is associated with Bell, McAndrews & Hiltachk law firm, according to a campaign filing document from Monday, Sept. 21. That firm employs Brian T. Hildreth, the attorney who sued Cofer and filed a Fair Political Practices Commission complaint against her on behalf of a resident — the focus of the mailer.

Here’s a breakdown of what is true on the mailer and what is not.

Claim: Cofer was ordered to change ‘misleading’ ballot title

“A judge even ordered her to change her misleading ballot title to prevent voters from believing she is a ‘medical doctor.’”

Reality: Judge ruled ballot title was misleading, not ‘intentionally so’

Sacramento Superior Court Judge Jennifer K. Rockwell ruled in March, ahead of the primary, that Cofer change her ballot designation.

“I do think (the planned designation) is misleading,” Rockwell said in her ruling. “I don’t think it was intentionally so … If I just introduce someone as a doctor and don’t say anything else, they think it’s a medical doctor.”

As part of her ruling, working with Cofer, Rockwell determined Cofer’s new designation will be “epidemiologist, public health.”

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Cofer holds a Ph.D. in epidemiology from the University of Michigan.

Claim: Cofer is being investigated for failing to report income

“Cofer is under investigation by California’s political ethics watchdog for failing to report income as required by state law.”

Reality: FPPC investigation into complaint is ongoing

The California Fair Political Practices Commission is investigating a complaint about Cofer, but has not yet determined whether there were any violations, according to an FPPC webpage.

On April 25, Hildreth submitted a complaint to the FPPC on behalf of resident Richard Dwyer alleging Cofer underreported her income on a required disclosure form ahead of the primary.

The purpose of the forms is for voters to know whether the candidates, if elected, will financially benefit from the votes they take. FPPC rules require candidates and elected officials to disclose certain income, gifts and real estate interests, but not all assets or earnings.

Hildreth also represented Dwyer in the suit that blocked Cofer from using “doctor” on the ballot. In his complaint to the FPPC, Hildreth cited a document Cofer submitted in the ballot designation case.

In a declaration filed March 27, Cofer listed several professional activities she said supported her use of the title “doctor” on the ballot.

For some activities, Cofer said she was paid. For others, she did not indicate whether she received compensation.

In his complaint, Hildreth listed several activities he said generated income for Cofer, including two guest lectures at Sacramento State, policy work for the California Department of Social Services and expert witness work in a Sacramento Homeless Union lawsuit against the city. He cited Cofer’s court declaration as the source of that information. However, the declaration did not state that she was paid for those activities.

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