Tony Capozzi said, "Clearly he's been endorsed by the Fresno Police Officers' Association and various other law enforcement agencies but right next to that is a picture of the candidate Henry Perea with the Chief."
The photo is adjacent to a list of Henry T. Perea's law enforcement endorsements.
We took the flyer to Chief Dyer, who told us he had not authorized the use of his picture in this Perea campaign flyer.
Chief Jerry Dyer said, "It can certainly be the impression that one would get if in fact they saw this flyer that I've endorsed Council Member Perea. The truth is I have not endorsed either candidate for Mayor."
What he had done during the primary season was tell all of the candidates he wouldn't object if they used his photo as evidence of their support for the Fresno Police Department.
Dyer said, "But that doesn't mean that Chief Jerry Dyer has endorsed a mayoral candidate, because I have not."
Capozzi meantime believes the use of his photo in this runoff election may suggest otherwise to voters.
Capozzi said, "What's really, what I'm thinking, improper is a picture with the chief with his uniform on, with his badge on. That's illegal if the chief knew this was going on."
Chief Dyer says he did not know about this flyer.
Dyer said, "I never want to use my uniform for political purposes because number one: it's against the law."
State law prohibits law enforcement officers from being in uniform in any political advertisement. The Perea campaign tells us they believed Chief Dyer's primary season rules were still in effect.
Capozzi said, "The implication is that Chief Dyer is supporting Henry T. Perea. There's no question about that."
Only those who saw this flyer can say what impact this may have Election Day.
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