Photo by @mjb.

Last week, the D.C. GOP filed a complaint with the D.C. Office of Campaign Finance claiming that 10 of the 13 members of the D.C. Council had broken city regulations by steering money from their Constituent Service Funds to partisan organizations. If true, the claims would up the tally of councilmembers facing questions over ethical or legal improprieties to, well, all but one of ’em.

It looks like some of the accused may be off the hook, though.

According to OCF, it’s true that money from Constituent Service Funds run by councilmembers — which can take in up to $80,000 in donations a year and are theoretically used to help constituents manage emergencies — cannot be used for political or partisan purposes. But if the money goes to non-political ends, even if it’s funneled through a political group, then it passes legal muster.

This was the defense made by councilmembers David Catania (I-At Large) and Phil Mendelson (D-At Large), both of whom were amongst the legislators accused by the GOP of donating money to partisan organizations. Catania noted that his two donations to the Ward 7 Democrats (one for $90 in 2007, the other for $280 in 2009), for example, went to the Lorraine Whitlock Scholarship Dinner, which annually benefits a Ward 7 high school student. (Council Chair Kwame Brown and Councilmembers Michael Brown, Vincent Orange and Mendelson also gave money to the scholarship.) Donations for similar events went to the Ward 6 Democrats, Ward 8 Democrats and Gertrude Stein Democratic Club.

In a statement, Mendelson noted, “[e]ach year I have donated money from my Constituent Services Fund to support educational scholarships. Sometimes these scholarships are sponsored by Ward Democratic organizations. The Office of Campaign Finance has stated that these expenditures are within the law, because they are for scholarships.”

So were the GOP’s accusations misplaced? Not according to Paul Craney, the party’s Executive Director.

“I don’t see where in D.C. law it says, ‘You can’t give money to political organizations unless it goes to a charitable cause.’ That’s not the law. It’s an interpretation,” he said. “Part of me says that the people advising these councilmembers should have said, ‘If you want to give to a scholarship, give to a scholarship, not a political organization.’ I think most residents would agree with that.”

Craney also said that there were a number of cases where money from councilmembers didn’t go to charitable causes or the mandatory disclosure forms don’t make the destination clear. (Last week, the Washington Times reported that councilmembers have a tendency to use the ill-defined “Other” category to categorize expenditures.) For example, on February 25, 2008, Councilmember Muriel Bowser (D-Ward 4) gave $250 to the D.C. Democratic Women’s Club for “event sponsorship.” Which event? It doesn’t say. Or take Councilmember Marion Barry (D-Ward 8), who in 2005 gave $250 to the D.C. Democratic State Committee for “Contribution-Ward 8 Democrats.”

Not only are details scant on what money is being donated for, but also what it’s being spent on — or that it’s even formally received. Mendelson’s two donations to the Ward 7 Democrats (in 2007 and 2011) aren’t listed on the organization’s own financial disclosure forms. Neither are Catania’s. So while both argue that they have proof that they sent money over for the same scholarship dinner, the beneficiary hasn’t seemed to detail how the money was spent or that it even received it.

A spokesman for OCF told the Times that they can get more details on how money is spent, but don’t often start digging until complaints are filed. Now that the GOP has filed them, they’ll likely start looking. Not all councilmembers seem concerned, though. In his statement, Mendelson thanked the GOP for its “vigilance.”