Modesto Councilman Madrigal ducks questions over campaign spending

Modesto Councilman Tony Madrigal has been a prolific fundraiser, hauling in more than $98,000 since his 2013 campaign for City Council and his campaign for a second term this November.

He also has been prolific in how he has spent a good chunk of the money, racking up more than $15,000 in what are called “unitemized payments.” These are for purchases of less than $100 each and are not listed separately on campaign finance forms — including detailing what they are spent on — but instead are entered as a lump sum.

While the six other council members have raised about twice as much money combined as Madrigal, they have spent about a third of what he has spent on these purchases, according to their campaign finance forms. In some cases, council members have listed the purchases despite being less than $100, such as one council member listing $13.10 for postage.

Madrigal has spent more than 15 percent of what he has raised on purchases of less than $100 each, according to his campaign finance forms. Jenny Kenoyer is the only council member who comes close to that, spending nearly 15 percent — or $2,606 — of the $17,865 she has raised on these purchases, according to her forms.

Kenoyer’s campaign treasurer provided receipts within about an hour of being asked Thursday, showing receipts for postage, office supplies and materials to build Kenoyer’s float for the Fourth of July parade and other purchases. The receipts are for her most recent campaign finance form, covering the first six months of this year, but the treasurer said he would provide more receipts if given more time.

Madrigal refused to provide his receipts.

The Bee asked him more than a week ago for them. Madrigal said then he would need time to find receipts dating to as far back as 2013. So the newspaper asked to see the receipts for Madrigal’s most recent campaign finance form for Jan. 1 through June 30, in which Madrigal raised $4,298 and spent $1,435 in “unitemized payments.” The city clerk’s office received the form July 31.

Madrigal agreed to speak Monday. But on that day he said his campaign treasurer had been busy and asked for more time. He called back on Friday. When asked whether he would provide the receipts, Madrigal said: “I’ve met all the reporting requirements and filed my disclosure statements timely with the city clerk, and this information (the campaign finance form) is public record. That is my response to you.”

That was a different response than what he had provided earlier in the week. In a brief phone interview Wednesday, Madrigal said: “I’m trying to work with my treasurer to come up with them. I’m busy right now. I’m trying to do the best I can. I’m busy knocking on doors, talking to voters. Like I said to you before, my expenses comply with the reporting rules and requirements. I don’t know what you are trying to accomplish.”

Madrigal, 43, said he spends the money on such items as purchasing tickets to nonprofit fundraisers, community events and what he called officeholder expenses. He also said because he has a smaller income than some council members he cannot afford to pay for fundraisers and community events out of his own pocket. Madrigal — who has a bachelor’s degree in economics from the University of California, Santa Cruz — recently said he just started working for his cousin who is a farm labor contractor and plans on working as a substitute teacher. He is paid $24,000 annually as a councilman.

“They have different circumstances,” he said about other council members. “They are able to incur these expenses on their own.”

California’s Fair Political Practices Commission says campaign funds can be used, in general, for any political, legislative or governmental purpose. And it’s OK to use campaign funds to donate to civic or nonprofit groups or community events, but candidates cannot use campaign funds for personal expenses. The FPPC does not comment about specific incidents unless it has done its own fact-finding.

The Bee’s request to see Madrigal’s receipts is reasonable, said Larry Giventer, professor emeritus in the department of political science and public administration at California State University, Stanislaus. “I’m not sure why he is not forthcoming with the information request,” Giventer said.

But Giventer said Madrigal’s spending is in line with his political aspirations. “I think he has ambitions to be successful in that role and will keep looking for other opportunities over time. He is serious about campaigning for public office.” Giventer said those ambitions require Madrigal to be closely involved and connected to the community and donating to community events strengthens that.

Council members are elected by district, and Madrigal represents District 2, which encompasses downtown and south and west Modesto. Madrigal was elected with 804 votes in 2013, beating two other candidates, in a low voter-turnout council district. Madrigal is sitting on a lot of cash as he runs for a second term. According to his most recent campaign finance form, he had $52,303 as of June 30.

This is not the only time The Bee has raised questions about how Madrigal spends campaign funds. The newspaper reported in March 2015 that Madrigal had spent $140, according to his then most recent campaign finance form, to pay for his personal cell phone and had not itemized the calls between those that were personal and those that were for his campaign. Madrigal said then that he had stopped paying for his cell phone with campaign funds because he wanted to use the money for other campaign purposes.

The FPPC sent Madrigal a warning letter in April 2015 based on the newspaper story.

“Your actions violated the (Political Reform) Act when you paid for personal cellphone use with campaign funds,” according to the letter, because Madrigal had not itemized his cell phone use and paid for personal calls with his own money. “However, because you have no prior cases with the Enforcement Division and because the total amount of the cellphone bill was small, we are closing your case with this warning letter.”

This story was originally published August 19, 2017 at 7:17 PM with the headline "Modesto Councilman Madrigal ducks questions over campaign spending."