Phoenix City Councilman Sal DiCiccio has raised at least $8,000 to fight a recall that does not yet exist and may never exist.
DiCiccio said he needs the money to "scare off" and "build a defense" against local union leaders who have discussed launching a recall against him.
But labor leaders say that there are no plans to recall DiCiccio and that the councilman is using the guise of a recall threat to pad his war chest between elections for a future campaign.
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Since mid-October, DiCiccio has been sending out e-mails asking supporters to donate to the campaign committee he used to run for City Council last year.
"I made a promise to you and the voters to work for change in how city government is run," the e-mail says. "There is a slow and steady drumbeat started by individuals and groups that do not want me to succeed and they are discussing possibly launching a recall effort against me."
The e-mail continues by asking for donations to "demonstrate that I have a well-funded campaign war chest."
DiCiccio has not been popular among many Phoenix employees and the unions that represent them for his philosophies on limited government and vocal push to privatize more city services. At meetings earlier this year when the City Council discussed expanding its use of outsourcing, union employees packed City Hall to air their concerns, with many of them booing DiCiccio or calling him names.
Although the unions disagree with DiCiccio on how government should be run, there are no plans to recall the councilman, said Ron Ramirez, chairman of the Coalition of Phoenix City Employees, which is made up of leaders from all eight of the city's bargaining units. The unions represent everyone from secretaries, 911 operators, police officers and landscapers to street-maintenance crews.
"He's misleading the public to believe something that isn't real," said Ramirez, who is also president of the Administration, Supervisory, Professional and Technical Employees Association. "He's going to pocket the money."
DiCiccio said the American Federation of State, County and Municipal Employees Local 2960 filed a public-records request in April to "dig up dirt" that could be used against him in a recall.
The public-records request asked for copies of his calendars, meetings he's attended and information on his pension.
Frank Piccioli, a board member of AFSCME, said the records request was to "make sure he was doing his job" and to see whether DiCiccio had taken the same wage cuts employees did during the city's budget crisis - not for a recall.
"We definitely object to some of the things that he says, but there is no battle plan to recall him," Piccioli said.
City Clerk Mario Paniagua said that earlier this year, someone inquired about the city's recall procedures related to DiCiccio through the City Clerk Department but never followed up.
To date, no one has filed paperwork or registered a political committee to recall DiCiccio. The department also hasn't received any complaints about his latest fundraising efforts.
Pete Gorraiz, president of the United Phoenix Firefighters Association, said that while there was some "off the cuff" comment from one union leader about a recall months ago, union officials aren't talking about it anymore.
"The only one talking about a recall is Sal," Gorraiz said. "He is simply using that as a ploy to raise money."
Paniagua said DiCiccio's fundraising fell into a "gray area" of the state law but did not appear to violate any rules.
People must file separate political committees to oppose or support a recall, Paniagua said, but candidate committees, such as the one DiCiccio is using to raise money, are for the purpose of an election. So, if there is a recall election, the money from DiCiccio's campaign committee could still be used.
Paul Eckstein, a campaign-finance attorney in Phoenix, said the contributions were allowed as long as the campaign committee was properly registered and the donations were made public.
But the practice does raise some questions and "the clean thing to do would be to set up a new committee and a new account" dedicated to the recall, Eckstein said.
Money donated to a specific recall committee can be used only for a recall election. But if money is collected for a candidate's general-campaign committee, Eckstein said, it could be used for other elections.
Which raises even more issues, Eckstein said.
If there isn't a recall and DiCiccio wants to use the money for another purpose, Eckstein said, it would be best, but not required, to get permission from donors before doing so because they contributed thinking they were donating to fight a recall.
DiCiccio said if there wasn't a recall, he plans to use the money for another election.
This isn't the first time DiCiccio's fundraising efforts have raised eyebrows. In 2000, critics say he took advantage of a loophole in the state's "resign to run" law, allowing DiCiccio to keep his seat on the City Council while launching a bid for Arizona's 1st Congressional District.
Some have suggested DiCiccio was using the recall rumors to raise money for a mayoral bid without having to give up his seat on the City Council.
DiCiccio said he would set up an exploratory committee if he were to run for mayor but is not considering a run now and is focused on making "change."
*As always, if you locate any Piccioli's Points in your daily searches that I have missed, please send them to me so I can add them!*
DiCiccio said he needs the money to "scare off" and "build a defense" against local union leaders who have discussed launching a recall against him.
But labor leaders say that there are no plans to recall DiCiccio and that the councilman is using the guise of a recall threat to pad his war chest between elections for a future campaign.
"I made a promise to you and the voters to work for change in how city government is run," the e-mail says. "There is a slow and steady drumbeat started by individuals and groups that do not want me to succeed and they are discussing possibly launching a recall effort against me."
The e-mail continues by asking for donations to "demonstrate that I have a well-funded campaign war chest."
DiCiccio has not been popular among many Phoenix employees and the unions that represent them for his philosophies on limited government and vocal push to privatize more city services. At meetings earlier this year when the City Council discussed expanding its use of outsourcing, union employees packed City Hall to air their concerns, with many of them booing DiCiccio or calling him names.
Although the unions disagree with DiCiccio on how government should be run, there are no plans to recall the councilman, said Ron Ramirez, chairman of the Coalition of Phoenix City Employees, which is made up of leaders from all eight of the city's bargaining units. The unions represent everyone from secretaries, 911 operators, police officers and landscapers to street-maintenance crews.
"He's misleading the public to believe something that isn't real," said Ramirez, who is also president of the Administration, Supervisory, Professional and Technical Employees Association. "He's going to pocket the money."
DiCiccio said the American Federation of State, County and Municipal Employees Local 2960 filed a public-records request in April to "dig up dirt" that could be used against him in a recall.
The public-records request asked for copies of his calendars, meetings he's attended and information on his pension.
Frank Piccioli, a board member of AFSCME, said the records request was to "make sure he was doing his job" and to see whether DiCiccio had taken the same wage cuts employees did during the city's budget crisis - not for a recall.
"We definitely object to some of the things that he says, but there is no battle plan to recall him," Piccioli said.
City Clerk Mario Paniagua said that earlier this year, someone inquired about the city's recall procedures related to DiCiccio through the City Clerk Department but never followed up.
To date, no one has filed paperwork or registered a political committee to recall DiCiccio. The department also hasn't received any complaints about his latest fundraising efforts.
Pete Gorraiz, president of the United Phoenix Firefighters Association, said that while there was some "off the cuff" comment from one union leader about a recall months ago, union officials aren't talking about it anymore.
"The only one talking about a recall is Sal," Gorraiz said. "He is simply using that as a ploy to raise money."
Paniagua said DiCiccio's fundraising fell into a "gray area" of the state law but did not appear to violate any rules.
People must file separate political committees to oppose or support a recall, Paniagua said, but candidate committees, such as the one DiCiccio is using to raise money, are for the purpose of an election. So, if there is a recall election, the money from DiCiccio's campaign committee could still be used.
Paul Eckstein, a campaign-finance attorney in Phoenix, said the contributions were allowed as long as the campaign committee was properly registered and the donations were made public.
But the practice does raise some questions and "the clean thing to do would be to set up a new committee and a new account" dedicated to the recall, Eckstein said.
Money donated to a specific recall committee can be used only for a recall election. But if money is collected for a candidate's general-campaign committee, Eckstein said, it could be used for other elections.
Which raises even more issues, Eckstein said.
If there isn't a recall and DiCiccio wants to use the money for another purpose, Eckstein said, it would be best, but not required, to get permission from donors before doing so because they contributed thinking they were donating to fight a recall.
DiCiccio said if there wasn't a recall, he plans to use the money for another election.
This isn't the first time DiCiccio's fundraising efforts have raised eyebrows. In 2000, critics say he took advantage of a loophole in the state's "resign to run" law, allowing DiCiccio to keep his seat on the City Council while launching a bid for Arizona's 1st Congressional District.
Some have suggested DiCiccio was using the recall rumors to raise money for a mayoral bid without having to give up his seat on the City Council.
DiCiccio said he would set up an exploratory committee if he were to run for mayor but is not considering a run now and is focused on making "change."
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