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Advisory Opinion 1989-271 (June 27, 1989)

SUMMARY

Whether a campaign committee reimbursement of a borough president’s use of a City car to make a political endorsement is a campaign expenditure.


FULL TEXT

In a letter, dated June 5, 1989, the following facts are presented concerning the activities of a borough president:

On one or two occasions, the borough president has been called upon to endorse other candidates for political office. These functions have occurred in the middle of the day while the borough president was performing prior official duties and the schedule did not allow for transfer to or use of a private car.

The borough president’s office proposes to use funds from the borough president’s campaign committee to reimburse the City for the de minimis use of an official City car in which the borough president traveled to make these political endorsements.

An initial question, whether the use of the City car for political endorsements is appropriate, is not addressed by the Campaign Finance Act and the rules administered by the Campaign Finance Board. This question must be addressed to the Board of Ethics or Corporation Counsel.

If the use of the City car as described is determined to be appropriate, and reimbursement may be made, then the expenditure by the campaign committee to reimburse the City would be a campaign expenditure subject to the expenditure limits of Administrative Code §3-706. See also Advisory Opinion No. 1989-1, dated January 3, 1989.

NEW YORK CITY CAMPAIGN FINANCE BOARD

1 SUBJECT ADDRESSED IN LOCAL LAW NO. 40 OF1998 (CHARTER §1136.1).

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