The Westchester County Fair Campaign Practices Committee met via Zoom on October 20 to hear the complaints of incumbent Brian Pugh (Democrat), candidate for mayor, against Gary Eisinger (Voice of Croton), candidate for mayor, Stacey Nachtaler, (Voice of Croton), candidate for Village Trustee, and Nigel Ravelo (Voice of Croton), candidate for Village Trustee. Brian Pugh attended the Hearing and was represented by Michael Eisenkraft. Gary Eisinger, Stacey Nachtaler, and Nigel Ravelo attended the Hearing.
COMPLAINT #1: Mr. Pugh complained that a Voice of Croton mailer was a “misleading character attack via insinuation, linking my employment to their pledge of conflict-free service without providing any evidence of a breach of duty.” The Voice of Croton mailer had the following two sentences side-by-side:
“Under the current administration: Since 2022, Mayor Pugh has held a salaried position as our NY Senator’s Chief of Staff, while serving as Croton’s Mayor.”
“Voice of Croton Pledges: We will serve without conflicts of interest, personal political ambitions or outside influences–making decisions solely for you – the residents of the village of Croton-on-Hudson.”
FINDING: UNFAIR CAMPAIGN PRACTICE
The Committee found that the mailer intimated that Mr. Pugh’s employment as a NY Senator’s Chief of Staff while also serving as Croton’s mayor could result in a conflict of interest.
The mailer violates the following FCPC Principle:
“The candidate will not use or condone any campaign material or advertisement that misstates, misrepresents or distorts material fact or any communication that misleads the public,”
and FCPC Guidance #1:
“A candidate should neither engage in nor be involved with false or misleading attacks on the character of an opponent nor in invasions of privacy unrelated to fitness for office,”
and FCPC Guidance #8:
“A candidate should not make charges or assertions that are partially true and therefore misleading, nor should he/she use statements that are misleading or taken out of context.”
COMPLAINT #2: Mr. Pugh complained that a Voice of Croton mailer was false since the text states “Under the current administration: The Comprehensive Plan’s 80/20 housing guidance has been ignored!” but there is no such guidance in the Village’s Comprehensive Plan.
FINDING: UNFAIR CAMPAIGN PRACTICE
The Committee found that, although the mailer did not specifically reference Croton’s Comprehensive Plan, readers of the mailer would assume that the mailer was referring to such Plan and not the New York State Comprehensive Planning Resources. Croton’s Comprehensive Plan does not contain an 80/20 housing guidance.
The mailer violates the following FCPC Principle:
“The candidate will not use or condone any campaign material or advertisement that misstates, misrepresents or distorts material fact or any communication that misleads the public,”
and FCPC Guidance #8:
“A candidate should not make charges or assertions that are partially true and therefore misleading, nor should he/she use statements that are misleading or taken out of context.”
COMPLAINT #3: Mr. Pugh complained that at a League of Women Voters Candidates Forum, Mr. Eisinger’s statement that “the normal setback is 20 feet, the setbacks for ADUs is 10 feet” was false.
FINDING: NO FINDING
There was some confusion about what setbacks Mr. Eisinger was referring to and the Committee did not have sufficient information to issue a Finding.
