Enrique Pepén broke state law by promoting fundraiser on personal social media account: OCPF

Incoming Boston City Councilor Enrique Pepén cited a “lapse of judgement” Thursday as the reason for violating state law by using a personal social media account to advertise a campaign fundraiser and solicit donations while he was still a public employee.

Pepén, who served as a City Hall employee until this summer and was endorsed by Mayor Michelle Wu, claimed victory last week in a competitive race for the District 5 seat that also featured outgoing Councilor Ricardo Arroyo as a candidate.

Campaign finance officials said Pepén used his personal social media account in the two weeks leading up to a June 22 campaign kickoff fundraiser to publish six posts advertising the event, inviting people to attend, and soliciting contributions all while he was still a city employee.

“Based upon our review, we have concluded that your distribution via social media of a fundraising invitation did not comply with (campaign finance law). To resolve this matter, you have purged contributions received as a result of the prohibited activity, in the total amount of $5,400,” Office of Campaign and Political Finance Director William Campbell wrote in a Nov. 9 letter.

Suggested contributions ranged from $50 to $1,000, campaign finance officials said in the letter.

Pepén said the violation was a “lapse of judgement that I have taken full responsibility for.” He said he “did not know” at the time of posting that it was against state law to promote the fundraiser or solicit donations using his personal social media account while still a public employee.

“I just look forward to serving the residents of District 5,” Pepén said in a phone call with the Herald.

The Boston Globe first reported the letter.

State law prohibits any public employee from directly or indirectly soliciting or receiving contributions for a candidate for public office. The restriction applies at all times, not just during the work day, according to the campaign finance office.

Pepén was a public employee with the City of Boston up until his resignation became effective on July 10, campaign finance officials said.

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The incoming councilor had $16,159 in his campaign account at the end of October, according to data filed earlier this month.

Regulators said “additional concerns” were raised regarding the use of public resources in support of Pepén’s candidacy for City Council, including conducting a campaign interview from inside his personal Boston City Hall office after the work day had ended and with his personal cell phone.

“Based on our review, and information you provided, it does not appear that staff time or publicly-paid computers or phones were used in support of your candidacy,” Campbell wrote in the letter. “Public employees should refrain, however, from using their offices for campaign activity, even if the activity takes place after working hours.”

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