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Costa Mesa reviews use of city seal in campaign mailer

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Costa Mesa officials are looking into a flier that the campaign of City Council candidate Jay Humphrey recently mailed to residents that may improperly include the city seal.

Unauthorized use of the seal can be a misdemeanor, according to municipal code.

The emblem is on the flier as part of a larger logo for the Costa Mesa Fire & Rescue Department.

The Costa Mesa Firefighters Assn., which represents the city’s fire personnel, has endorsed Humphrey in the council race and the mailer touts that support.

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Over the weekend, Costa Mesa officials received several complaints about Humphrey’s flier, city Chief Executive Tom Hatch wrote in a memo Monday.

Jay Humphrey
Jay Humphrey
(Kevin Chang / Daily Pilot)

“It was clear to staff that the use of the city seal was not authorized and a violation of the municipal code,” Hatch wrote in his memo to City Council members and some city staff members.

Hatch wrote that staff has referred the matter to the Costa Mesa Police Department for review.

In an interview Tuesday, Humphrey described the issue as an “inadvertent error that I take full responsibility for.”

“The moment I became aware that it was out like that, that the city seal had been used, I immediately called my staff and had them remove that seal from any of the campaign materials and to make sure we did not use it in the future,” he said.

Humphrey also said he apologizes for “any effect it may have had on our city or community.”

Costa Mesa’s municipal code prohibits use or reproduction of the seal “for any purpose other than for the official business” of the city.

It also forbids placing “any imitation of the city seal on any written or printed material that is designated, calculated, intended or likely to confuse, deceive or mislead the public or cause the reader of such written or printed material to believe it to be an official city publication.”

“No person shall circulate or distribute any such written or printed material in the city of Costa Mesa,” the code states.

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The state elections code contains similar prohibitions.

Humphrey said he first became aware on Sunday that the seal had been used and that he spoke with Hatch about the issue that day.

On behalf of the city, an attorney with the firm Best Best & Krieger sent a cease-and-desist letter to Humphrey.

Humphrey, one of seven candidates running for three available council seats in the Nov. 8 election, said he has taken care of the issue.

“It was an inadvertent error, but it happened and it has been fixed,” he said.

luke.money@latimes.com

Twitter: @LukeMMoney

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