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Diane Harkey's sad legacy in Dana Point

News

Diane Harkey Violates Dana Point City Seal Use Policy

Unauthorized use of City Seal, faux seal, violates rules, trademark law

Yesterday a consultant for the Harkey for Assembly campaign sent an email promoting Dana Point Mayor Diane Harkey with a link to a website for “Dana Point Today.”

The website, which lists the same street address as Harkey’s campaign office address and is apparently used to promote her visibility for her Assembly campaign, features flattering articles on Harkey such as a "Mayor's Budget Message," and also includes an unauthorized use of the official seal of the City, because the website is not official business of the City of Dana Point, which has no connection to the site. In addition, the site makes use of another faux Dana Point city seal in a number of locations. Use of this faux seal has been labeled “misleading” by the artist who designed the official Dana Point seal.

The faux Dana Point city seal is an unauthorized reproduction of its official counterpart and violates both city regulations and trademark law. The intention of the faux seal, and text of the City Motto, can only be to attempt to deceive Dana Point residents into believing that “Dana Point Today” is an official city publication. Harkey’s unauthorized use of the official seal, and the fake Dana Point seal, can be viewed at http://www.danapointtoday.com. Text of Dana Point Policy #102 is included below.

Diane Harkey is being recalled from her position on the Dana Point City Council. More information is available at http://www.dianeharkeyrecall.com

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CITY OF DANA POINT

COUNCIL POLICY

SUBJECT:

Use of City Seal/Anniversary Logo

PAGE:

1 of 1

EFFECTIVE DATE:

12/08/92

Revised 11/24/98

POLICY NO.:

102

PURPOSE:

To establish a uniform policy regarding the use of the City Seal and Anniversary Logo.

BACKGROUND:

Currently, there are no written policies or guidelines for the use of the City Seal. The City Seal design was purchased from Rick Morgan on October 31, 1989, and the City owns all rights to the City Seal. The City Seal has been used to promote events the City was either funding, sponsoring, or supporting such as The Drug Awareness Fair and The Whale Festival. In addition, the City Seal has been utilized without the City's consent.

The policy regarding the City Seal has been amended to incorporate the use of the Anniversary Logo

POLICY:

The use of the City Seal/Logo or facsimile or reproduction of, or make or use of any seal/logo or any design which is an imitation of said seal/logo or which may be mistaken for said seal/logo, for any purpose other than official business of the City, its City Council, City Advisory Boards, Commissions, Task Forces and Staff, shall be prohibited unless otherwise approved by the City Manager and/or City Council. In addition, the use of the City Seal/Logo for any political campaign materials or literature shall be prohibited. (Refer to Ordinance No. 92-14 for specific regulations.)

Requests to use the Anniversary Logo shall be submitted to the City Clerk in writing. The 10th Anniversary Committee will then provide a recommendation to the City Manager. If the City Manager detem1ines City Council action is necessary, the request will be placed on the City Council agenda for consideration.

"Despite public denials from her own Assembly staff, just a few months ago, Diane Harkey disclosed under penalty of perjury an interest of up to $1,000,000 in "Point Center Financial," a company being sued by investors for fraud and under investigation for operating "Ponzi scheme," bilking investors, according to the Los Angeles Times and KNBC News. Harkey's recent mandatory financial disclosures as an elected official now prove her connection to the troubled company and may become evidence in the fraud litigation."

Diane Harkey's sad legacy in Dana Point-

a failed Town Center project;
more government spending;
more regulations;
more city union employees;
fewer businesses.