For Immediate Release
Contact: Matthew Martinez,
Press@PlayoffPAC.com
WASHINGTON, DC—Playoff PAC, a federal political committee dedicated to discarding the Bowl Championship Series, has filed a campaign finance complaint with the Arizona Secretary of State against the BCS’s Fiesta Bowl. For a copy of the complaint, click here.
The complaint concerns serious violations of Arizona state law first reported by The Arizona Republic earlier this month. According to The Republic, five current and former Fiesta Bowl employees claim the Bowl illegally reimbursed them for making political contributions. Today’s complaint will clear the way for the Arizona Secretary of State’s Office to open a formal inquiry into these disturbing accusations.
Matthew Martinez, a Playoff PAC co-founder and the complaint’s filer, said: “The Arizona Republic finally offered a glimpse into the BCS’s opaque family of organizations. What they saw wasn’t pretty—a tax-exempt organization blowing $4 million on boondoggles and reimbursing employees’ political contributions illegally. The Fiesta Bowl attempted to kill this controversy by employing a consultant to perform a brief internal review. This paid consultant plainly lacks the credibility necessary to rebut claims of impropriety made by five separate Fiesta Bowl employees. The Fiesta Bowl must immediately open its books so that the Secretary of State and the public can determine whether a taxpayer-subsidized entity behaved illegally.”
TEXT OF COMPLAINT
December 28, 2009
The Honorable Ken Bennett
Secretary of State
1700 West Washington Street, 7th Floor
Phoenix, AZ 85007-2888
Re: Complaint and request for investigation of alleged corporate contributions and reimbursement of individual contributions by the Bowl Championship Series’ Fiesta Bowl in violation of Arizona law.
Dear Secretary Bennett,
Playoff PAC, Inc. [1] (“Playoff PAC”) files this complaint and respectfully requests that the Office of the Secretary of State immediately investigate the Fiesta Bowl’s reported reimbursements to employees for contributions made to Arizona state candidates and elected officials in violation of Ariz. Rev. Stat. § 16-919(A) (prohibition on corporate contributions) and Ariz. Rev. Stat. § 16-907 (prohibitions on contributions in the name of another person).[2]
On December 18, 2009, Craig Harris reported in The Arizona Republic that “[p]ast and present Fiesta Bowl employees . . . were encouraged to write checks to specific candidates and were reimbursed by the bowl.”[3] According to The Republic, an examination of “10 years of local, state and federal campaign contribution records” and contact with 10 past and present Fiesta Bowl employees “who have had high-level positions with the bowl” revealed that five employees made contributions “at the urging of [the Fiesta Bowl’s chief executive, John] Junker and were reimbursed a few weeks later.”[4] Three of these five employees claimed they received bonuses after contributing to specific candidates. The Republic’s examination of contribution records confirmed that such donations had, in fact, been made, and also revealed that on 12 occasions three or more Fiesta Bowl employees made similar contributions to elected officials — a pattern that supports the allegation that the Fiesta Bowl directed its employees to make contributions.[5] The Republic reported that the contributions totaled more than $38,000, and were given to “local politicians, Arizona legislators and members of Congress who had the ability to vote on legislation that could affect the Fiesta Bowl.”[6]
These allegations, if true, constitute serious violations of important Arizona laws designed to ensure the integrity of the electoral process. The facts alleged by The Republic suggest that the Fiesta Bowl may have sought to evade Arizona laws which prohibited the bowl from donating directly to candidates and elected officials by directing its employees to make such contributions in their individual capacities and then providing them with bonuses in order to reimburse them for the contributions. Such actions violate Ariz. Rev. Stat. § 16-919(A), which prohibits campaign contributions from corporations,[7] and Ariz. Rev. Stat. § 16-907(A), which prohibits any person from making contributions in the name of another person.[8]
Not surprisingly, the Fiesta Bowl has stated that its own inquiry into these allegations revealed “no credible evidence” that the bowl’s management violated Arizona law.[9] An investigation conducted by the accused party, however, merits little weight. As Arizona state elections director Amy Bjelland stated, “if employees are giving contributions and they were being reimbursed, it’s illegal, and it’s something we definitely would review.”[10] Playoff PAC agrees and respectfully requests that the alleged illegal activities of the Fiesta Bowl be subjected to a thorough and credible independent investigation.
Respectfully submitted,
Matthew Martinez,
Director, Playoff PAC
[1] Playoff PAC is a federal political committee dedicated to discarding the Bowl Championship Series and establishing a competitive post-season championship for college football.
[2] Playoff PAC is not filing a complaint against or requesting an investigation of the recipients of these allegedly unlawful contributions as there is no evidence the recipients violated Ariz. Rev. Stat. § 16-907(A) by accepting the contributions with knowledge that the contributors were acting under the direction of and reimbursed by the Fiesta Bowl.
[7] Ariz. Rev. Stat. § 16-919(A-D) (2009) (providing that “[i]t is unlawful for a corporation . . . to make any contribution of money or anything of value for the purpose of influencing an election . . .” and that such a violation constitutes a class 2 misdemeanor on the part of the corporation and a class 6 felony on the part of the person effecting the contribution).
[8] Ariz. Rev. Stat. § 16-907(A) (2009) (providing that “[a]ny person who makes a contribution in the name of another person or who knowingly permits his name to be used to effect such a contribution and any person who knowingly accepts a contribution made by one person in the name of another person is guilty of a class 6 felony.”).
[10] Harris, supra note 4.