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Berkeley,
California (Tuesday, July 31, 2007) - Berkeley
City Attorney Manuela Albuquerque released the following statement
today on the allegations that Berkeley Rent Board Commissioner Chris
Kavanagh may have committed fraud in running for and assuming
elected office in 2002.
“These allegations arose several years
ago, in 2002,” said Albuquerque. “Berkeley City Clerk Sherry
Kelly (now retired) consulted with me, and we did a preliminary
investigation. While the investigation did not resolve the question
of where exactly Mr. Kavanagh’s resided, it raised serious
questions that warranted further investigation by a law enforcement
agency.
“In order to avoid even the appearance
of partiality, the City Clerk referred the matter to the Alameda
County District Attorney in January 2003, requesting an
investigation. At that time, the DA’s office confirmed to Ms.
Kelly that the request had been received, and no other contact about
the case had been made since.”
The letter from that time is attached
below.
Misrepresentations about residency could
violate several state laws, including Elections Code section
18100-Registration of person not entitled to register, section
18203-false declaration of candidacy, Section 18351-false statement
in candidate’s statement, Section 18500-fraud in connection with
vote cast and Penal Code section 118-perjury.
After referring the matter to the
District Attorney, the City did no further investigations of the
matter. Acting Police Chief Roy Meisner advised at the time that the
City Clerk refrain from conducting interviews, so as to not
interfere with the DA’s investigation.
Monday, the City Attorney contacted the
District Attorney’s office and was advised that their office
intends to conduct an investigation in light of the new evidence.
The DA’s office has asked that the City refrain from doing
any additional investigations, and the City is cooperating. The
City’s Fair Campaign Practices Commission is responsible for
campaign finance under the Berkeley Election Reform Act, and not
responsible for residency requirements, will also not act in the
matter.
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