ENCINITAS — Councilmember Luke Shaffer has formed a legal defense fund after being charged with a felony and two misdemeanors stemming from an apparent parking dispute with a resident.
The Councilman Luke Shaffer Legal Defense Fund, known as a controlled recipient committee, was officially created on Sept. 11, according to a Form 410 statement of organization filed with the city.
Community members have asked residents to donate to the fund in order to support Shaffer in fighting what they describe as “politically motivated” charges filed by the San Diego County District Attorney’s Office last month.
Shaffer was charged on Aug. 12 with felony assault, one misdemeanor count of hit-and-run driving, damaging property, and one misdemeanor count of willful omission to perform the duty of a public officer. He has pleaded not guilty.
“Our community is facing a moment that tests fairness and justice. Councilmember Luke Shaffer is now facing outlandish charges stemming from a parking incident,” reads a statement attributed to the Councilman Luke Shaffer Legal Defense Fund Committee on Instagram. “Show that Encinitas stands behind leaders who listen to residents, not special interests. Even a small gift makes a big difference. Together, we can ensure Luke gets the fair process every person deserves and send a clear message: Encinitas will not be intimidated.”
The Fair Political Practices Commission (FPPC) allows elected officials and candidates to establish legal defense funds only for cases that arise directly out of an election campaign, electoral process, or an elected official’s performance of their governmental activities and duties.
Shaffer’s legal defense fund will be used for legal expenses related to the charge of omission to perform duty, according to his Form 410. For this charge, the DA’s Office alleged that Shaffer used his position as a councilmember to make unlawful threats of retaliatory action against a member of the public.
The charges stem from an alleged dispute between Shaffer and a homeowner in July. The District Attorney’s Office alleges that Shaffer attempted to move trash and recycling bins from a parking space in front of a resident’s home so he could park his truck there.
When the homeowner told him to stop and put the bins back, Shaffer allegedly pushed over one of the bins and threw a piece of trash in the man’s face. Prosecutors allege Shaffer also reversed his car and crushed one of the bins under his wheel, and struck the man’s outstretched hands with his rear tailgate.
During the confrontation, Shaffer also allegedly identified himself as a council member, stated he was going to “call the deputy that works for him,” and informed the homeowner that he would never obtain a permit in the city again, the DA’s Office said.
Shaffer’s attorney, Isaac Blumberg, has called the charges “outrageous” and a “drastic overreach.”
A spokesperson for Miller Ink, the strategic communications firm representing Shaffer, said he established the legal defense fund rather than a GoFundMe page to ensure transparency and accountability to residents.
“Councilman Shaffer believes the people of Encinitas deserve transparency and accountability from their elected officials. Establishing a legal defense committee ensures that his efforts to defend himself from false accusations are subject to the same laws and requirements as any other campaign or fundraising activity,” said Miller Ink representative Noah Sachartoff.
The FPPC does not set campaign contribution limits for legal defense funds; however, it states that the individual cannot solicit more than is “reasonably necessary” to cover attorneys’ fees and other legal costs.
Since the various charges are all part of the same case, contributions to the legal defense fund will likely be used to fight the assault and hit-and-run driving charges as well. A California campaign finance expert, who asked not to be named, said that even if some of the specific charges are not directly related to someone’s status as an elected official, they should still be eligible for a legal defense fund.
Shaffer’s next hearing is on Oct. 22.
2 comments
Charging a felony for this is ridiculous.
A Developer Lawyer opposed to Shaffer is representing the wealthy homeowner, who illegally blocked a spot on the street for his worker, pro bono.
That pretty much tells you all you need to know about this hatchet job.
Shaffer was acting as a private citizen when the alleged dispute arose.
Yet he intends to make use of legal defense funds intended “only for cases that arise directly out of … an elected official’s performance of their governmental activities and duties.”
Doesn’t that sound like an admission that Shaffer announced his Council position during the dispute?
Now the flacks are calling this cash grab a display of “transparency and accountability,” echoed by a “campaign finance expert” from the shadows.
Oh, the hypocrisy.
(Kudos to Leo Place for their careful and even-handed reporting, as always.)