February 2017 Agenda

    NOTICE AND AGENDA

    Commission Meeting

     

    California Fair Political Practices Commission

    428 J Street, Suite 800

    Sacramento, CA 95814


    Thursday, February 16, 2017

    1:00 P.M.

    View Agenda as PDF

    Under Government Code section 11123(a), all meetings of a state body are open and public, and all persons are permitted to attend any meeting of a state body, except as otherwise provided in that article. The section further states that the portion of the teleconferenced meeting that is required to be open to the public must be audible to the public at the location specified in the notice of the meeting. The Commission may take action on any item listed on this agenda.

    Commissioner Casher will attend this meeting of the Commission via teleconference from:

    1 Frank H. Ogawa Plaza

    City Hall, Hearing Room 4 

    Oakland, CA 94612

     

    Commissioner Wasserman will attend this meeting of the Commission via teleconference from:

    LA Law Library

    Conference Room A

    301 W 1st Street

    Los Angeles, CA 90012

    Welcome

    Jodi Remke, FPPC Chair

    1. Public Comment

    This portion of the meeting is reserved for comment on items not on the agenda. Under the Bagley-Keene Act, the Commission cannot act on items raised during public comment, but may respond briefly to statements made or questions posed; request clarification; or refer the item to staff.

    Comment Letter - Gary Richard (item 4)

    Comment Letter - Gary Mendez (item 6)

    Comment Letter - Joe Egan (item 23)

    Comment Letter - Shirley Grindle (item 31)

    2. Approval of Commission Minutes

    3-30 Enforcement - Consent Calendar

    Purposefully or Negligently Causing Others to Violate the Act

    3. In the Matter of California Republican Leadership Fund; FPPC No. 13/409. Staff: Assistant Chief of Enforcement Dave Bainbridge, Special Investigator Paul Rasey, and Program Specialist Luz Bonetti. The California Republican Leadership Fund, a general purpose committee, caused six county central committees to make contributions in their names without identifying the California Republican Leadership Fund as the true source of the contributions, in violation of Government Code Section 83116.5 (6 counts). Total Proposed Penalty: $30,000.

    CA Republican Leadership Fund - Stip

    Campaign Reporting

    4. In the Matter of Roger Gaylord III and Roger Gaylord for Folsom City Council 2014; FPPC No. 15/097. Staff: Commission Counsel Michael W. Hamilton and Special Investigators Marshall Miller and George Aradi. Roger Gaylord was an unsuccessful candidate for the Folsom City Council in the November 4, 2014 General Election. Roger Gaylord for Folsom City Council 2014 was his candidate-controlled committee. The Committee and Gaylord failed to timely report activity on pre-election statements covering the period July 1 through October 18, 2014, and semiannual statements covering the period October 19, 2014 through June 30, 2015, in violation of Government Code Section 84211, subds. (a), (b), (c), (d), (f)(5), (j), and (k) (2 counts). The Committee and Gaylord failed to properly disclose sender identification on mass mailers, in violation of Government Code Section 84305, subd. (a) and Reg. 18435, subd. (d) (1 count). Additionally, the Committee and Gaylord made cash expenditures of $100 or more, totaling $2,249, in violation of Government Code Section 84300, subd. (b) (1 count). Total Proposed Penalty: $6,500.  

    Gaylord III - Stip

    5. In the Matter of Michael Horner; FPPC No. 15/1275. Staff: Senior Commission Counsel Angela Brereton and Special Investigator Paul Rasey. Michael Horner qualified as an independent expenditure committee in October 2014 when he paid for a mass mailing opposing a candidate for Lake County Board of Supervisors in the November 4, 2014 General Election. Horner did not identify himself as the sender of the mass mailing and failed to display the required sender identification, in violation of Government Code Section 84305, subd. (a) (1 count). Additionally, Horner made cash expenditures of $100 or more, totaling approximately $1,456, in violation of Government Code Section 84300, subd. (b) (1 count). Total Proposed Penalty: $3,500.

    Horner - Stip

    Campaign Non-Filer

    6. In the Matter of Re-Elect Gary Mendez for Rio Hondo College Board 2011 and Gary Mendez; FPPC No. 15/218 (Default Decision). Staff: Commission Counsel Amanda Kelly and Staff Services Analyst Dominika Wojenska. Gary Mendez is a current Trustee of Rio Hondo College in the City of Whittier. Re-Elect Gary Mendez for Rio Hondo College Board 2011 is his candidate-controlled committee. The Committee and Mendez failed to timely file three semiannual campaign statements covering the reporting periods of July 1, 2014 through December 31, 2014, and July 1, 2015 through June 30, 2016, in violation of Government Code Section 84200 (3 counts) and failed to pay the 2014 and 2015 $50 Annual Fees to the Secretary of State’s Office, in violation of Government Code Section 84101.5 (2 counts). Total Proposed Penalty: $18,500.  

    Mendez - Default Decision

    7. In the Matter of Friends of Kathy Orrin 2016 for Trustee of West Kern Community College District and Kathy Orrin; FPPC No. 16/20110. Staff: Chief of Enforcement Galena West and Assistant Political Reform Consultant Chloe Hackert. Kathy Orrin was a successful candidate for Trustee of West Kern Community College District in the November 8, 2016 General Election. Friends of Kathy Orrin 2016 for Trustee of West Kern Community College District is her candidate-controlled committee. The Committee and Orrin received four contributions totaling $6,000 during the 90 days before the election and failed to file four late contribution reports, in violation of Government Code Section 84203 (4 counts). Total Proposed Penalty: $860.  

    Orrin - Stip

    8. In the Matter of Folsom South Area Group; FPPC No. 17/00008. Staff: Chief of Enforcement Galena West and Enforcement Division Intake Manager Adrianne Korchmaros. Folsom South Area Group, as a major donor committee, failed to timely file two semiannual major donor statements (Form 461), covering the reporting periods of January 1, 2015 through December 31, 2015, in violation of Government Code Section 84200 (2 counts). Total Proposed Penalty: $677.      

    Folsom South Area Group - Stip

    9. In the Matter of Jon Scott and Jon Scott - Chico City Council 2016; FPPC No. 16/19871. Staff: Chief of Enforcement Galena West and Enforcement Division Intake Manager Adrianne Korchmaros. Jon Scott was an unsuccessful candidate for Chico City Council in the November 2016 General Election. Jon Scott - Chico City Council 2016 was his candidate-controlled committee. The Committee and Scott failed to timely file two pre-election statements covering the periods of July 1, 2016 through October 22, 2016, in violation of Government Code Section 84200.5 (2 counts). Total Proposed Penalty: $470.

    Scott - Stip

     

    10. In the Matter of Joe Imbriano 4 Fullerton City Council and Joe Imbriano; FPPC No. 16/20102. Staff: Chief of Enforcement Galena West and Assistant Political Reform Consultant Chloe Hackert. Joe Imbriano was an unsuccessful candidate for Fullerton City Council in the November 8, 2016 General Election. Joe Imbriano 4 Fullerton City Council is his candidate-controlled committee. The Committee and Imbriano received three contributions totaling $7,919 during the 90 days before the November 8, 2016 General Election and failed to file a late contribution report, in violation of Government Code Section 84203 (1 count). Total Proposed Penalty: $279.  

    Imbriano - Stip

    11. In the Matter of Taxpayers for Public Safety, Yes on Measure G 2016 and Rory McNeil; FPPC No. 16/19726. Staff: Commission Counsel Amanda Kelly. Taxpayers for Public Safety, Yes on Measure G 2016 is a local primarily formed ballot measure committee in support of Measure G on the November 8, 2016 General Election ballot in Siskiyou County. Rory McNeil is the Committee’s treasurer. The Committee and McNeil failed to timely file one pre-election statement covering the reporting period of July 1, 2016 through September 24, 2016, in violation of Government Code Section 84200.5 (1 count). Total Proposed Penalty: $250.  

    Taxpayers for Public Safety - Stip

    12. In the Matter of Daniel Marmolejo for Beaumont City Council 2016 and Daniel Marmolejo; FPPC No. 16/19970. Staff: Chief of Enforcement Galena West and Assistant Political Reform Consultant Chloe Hackert. Daniel Marmolejo was an unsuccessful candidate for Beaumont City Council in the November 8, 2016 General Election. Daniel Marmolejo for Beaumont City Council 2016 is his candidate-controlled committee. The Committee and Marmolejo failed to timely file one pre-election statement covering the reporting period of September 25, 2016 through October 22, 2016, in violation of Government Code Section 84200.5 (1 count). Total Proposed Penalty: $219.  

    Marmolejo - Stip

    13. In the Matter of Friends of Lakeside Schools for Measure J and Cynthia Gingerich; FPPC No. 16/434. Staff: Chief of Enforcement Galena West, Assistant Political Reform Consultant Chloe Hackert, and Special Investigator Garrett Micheels. Friends of Lakeside Schools for Measure J was a primarily formed ballot measure committee in support of Measure J on the June 7, 2016 Primary Election ballot in Santa Cruz County. Cynthia Gingerich is the Committee’s treasurer. The Committee and Gingerich received a contribution of $1,000 during the 90 days before the June 7, 2016 Primary Election and failed to timely file a late contribution report, in violation of Government Code Section 84203 (1 count). Total Proposed Penalty: $210.

    Friends of Lakeside Schools for Measure J - Stip

    Statement of Economic Interests Non-Filer

    14. In the Matter of Elena Sweda Neff; FPPC No. 15/716 (Default Decision). Staff: Assistant Chief Dave Bainbridge and Staff Services Analyst Dominika Wojenska. Elena Sweda Neff, a former Board Member of the Los Angeles County West Vector Control District, failed to file her Annual Statements of Economic Interests for the years of 2011 through 2015, and failed to file a Leaving Office Statement of Economic Interests, in violation of Government Code Section 87300 (5 counts). Total Proposed Penalty: $20,000.

    Sweda Neff - Default Decision

    15. In the Claire Gottsdanker; FPPC No. 15/1162 (Default Decision). Staff: Commission Counsel Toren Lewis. Claire Gottsdanker, a member of the Montecito Board of Architectural Review, failed to timely file a 2014 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $3,000.

    Gottsdanker - Default Decision

    16. In the Matter of Eric Rudnick; FPPC No. 16/060. Staff: Commission Counsel Amanda Kelly. Eric Rudnick, a Commissioner of the Emergency Medical Services Authority Commission and a former Consultant with the County of Santa Clara Public Health Department, failed to timely file a 2014 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $800.  

    Rudnick - Stip

    17. In the Matter of Sandra Thompson; FPPC No. 16/19764. Staff: Chief of Enforcement Galena West and Enforcement Intake Manager Adrianne Korchmaros. Sandra Thompson, a Board Member for UC Hastings College of Law, failed to timely file a 2015 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.

    Thompson - Stip

    18. In the Matter of Arnold Serkin; FPPC No. 16/19780. Staff: Chief of Enforcement Galena West and Enforcement Intake Manager Adrianne Korchmaros. Arnold Serkin, as a Director of the Ridgecrest Ranchos Park and Recreation District, failed to timely file a 2015 Annual Statement of Economic Interests with the County of Los Angeles, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.  

    Serkin - Stip

    19. In the Matter of James Bill; FPPC No. 16/20003. Staff: Chief of Enforcement Galena West and Enforcement Intake Manager Adrianne Korchmaros. James Bill, as a Board Member for the Building Board of Appeals in the County of Marin, failed to timely file his 2015 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.  

    Bill - Stip

    20. In the Matter of Tamara Hull; FPPC No. 16/20005. Staff: Chief of Enforcement Galena West and Enforcement Intake Manager Adrianne Korchmaros. Tamara Hull, as a Board Member for Marin County Measure A Community Oversight Committee, failed to timely file a 2015 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.  

    Hull - Stip

    21. In the Matter of Laura Gonzalez Escoto; FPPC No. 16/20065. Staff: Chief of Enforcement Galena West and Assistant Political Reform Consultant Chloe Hackert. Laura Gonzalez Escoto, as a Member of the Housing and Community Development Advisory Committee, failed to timely file her 2015 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.  

    Escoto - Stip

    Statement of Economic Interests Non-Reporter  

    22. In the Matter of Stephen Houlahan; FPPC No. 16/19806. Staff: Political Reform Consultant Teri Rindahl. Stephen Houlahan, a successful Candidate for the City Council of Santee in the November 8, 2016 General Election, failed to disclose a source of income on his on Candidate Statement of Economic Interests covering the period of July 27, 2015 through July 27, 2016, in violation of Government Code Section 87207 (1 count). Total Proposed Penalty: $100.  

    Houlahan - Stip

    23. In the Matter of Willis Dow; FPPC No. 14/1102. Staff: Senior Commission Counsel Bridgette Castillo and Special Investigator Kelli Gould. Willis Dow, a former member of the Honey Lake Valley Resource Conservation District in Lassen County, failed to disclose real property on his 2013 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $100.  

    Dow - Stip

    24. In the Matter of Jesús Andrade; FPPC No. 17/00011. Staff: Chief of Enforcement Galena West and Political Reform Consultant Adrianne Korchmaros. Jesús Andrade, as a successful candidate for the Stockton City Council, failed to timely disclose a source of income on his Candidate Statement of Economic Interests covering the reporting period of March 11, 2015 through March 11, 2016, in violation of Government Code Section 87207 (1 count). Total Proposed Penalty: $100.

    Andrade - Stip

    Annual Fee  

    25. In the Matter of Tim Hodge for City Council ’92 and Tim Hodge; FPPC No. 15/1346 (Default Decision). Staff: Commission Counsel Amanda Kelly and Staff Services Analyst Dominika Wojenska. Tim Hodge is a member of the Simi Valley Planning Commission and an unsuccessful candidate for Simi Valley City Council in 1992. Tim Hodge for City Council ‘92 is his candidate-controlled committee. The Committee and Hodge failed to timely pay the 2013, 2014, and 2015 $50 Annual Fees to the Secretary of State’s Office, in violation of Government Code Section 84101.5 (3 counts). Total Proposed Penalty: $9,000.  

    Hodge - Default Decision

    26. In the Matter of Lodi Firefighters PAC and Justin Porter, Treasurer; FPPC No. 15/2137. Staff: Chief of Enforcement Galena West and Staff Services Analyst Dominika Wojenska. Lodi Firefighters PAC is a city general purpose committee. Porter is the Committee’s treasurer. The Committee and Porter failed to timely pay the 2014, 2015 and 2016 $50 Annual Fees to the Secretary of State’s Office, in violation of Government Code Section 84101.5 (3 counts). Total Proposed Penalty: $800.  

    Lodi Firefighters PAC - Stip

    27. In the Matter of Committee to Save Central Park and Christian White, FPPC No. 15/537. Staff: Commission Counsel Amanda Kelly and Staff Services Analyst Hayley Porter. Committee to Save Central Park is a committee primarily formed to oppose Measure T, a Huntington Beach ballot measure. Christian White is the Committee’s treasurer. The Committee and White failed to timely pay the 2013 Annual Fee to the Secretary of State’s Office, in violation of Government Code Section 84101.5 (1 count). Total Proposed Penalty: $400. 

    Committee to Save Central Park - Stip

    28. In the Matter of Rob Brown for District 5 Supervisor 2012; Robert K. Brown; and Michelle Borghesani, Treasurer; FPPC No. 15/1420. Staff: Chief of Enforcement Galena West and Staff Services Analyst Dominika Wojenska. Robert K. Brown was a successful candidate for Lake County Board of Supervisors in the June 5, 2012 and June 7, 2016 Primary Elections. Rob Brown for District 5 Supervisor 2012 is his candidate-controlled committee. Borghesani is the Committee’s treasurer. The Committee, Brown, and Borghesani failed to timely pay the 2014 and 2015 $50 Annual Fees to the Secretary of State’s Office, in violation of Government Code Section 84101.5 (2 counts). Total Proposed Penalty: $400.  

    Brown - Stip

    29. In the Matter of L. Karen Monroe for County Superintendent 2014 and L. Karen Monroe, Treasurer; FPPC No. 15/2167. Staff: Chief of Enforcement Galena West and Staff Services Analyst Dominika Wojenska. L. Karen Monroe was a successful candidate for Alameda County Superintendent of Schools in the November 4, 2014 General Election. L. Karen Monroe for County Superintendent 2014 is her candidate-controlled committee. The Committee and Monroe failed to timely pay the 2014 and 2015 $50 Annual Fees to the Secretary of State’s Office, in violation of Government Code Section 84101.5 (2 counts). Total Proposed Penalty: $400.  

    Monroe - Stip

    30. In the Matter of Mayor Gary Davis 2014 and Gary Davis, Treasurer; FPPC No. 15/2235. Staff: Chief of Enforcement Galena West and Staff Services Analyst Dominika Wojenska. Gary Davis was a successful candidate for Elk Grove Mayor in the November 6, 2012 and November 4, 2014 General Elections. Mayor Gary Davis 2014 is his candidate-controlled committee. The Committee and Davis failed to timely pay the 2015 and 2016 $50 Annual Fee to the Secretary of State’s Office, in violation of Government Code Section 84101.5 (2 counts). Total Proposed Penalty: $400.

    Davis - Stip

    31. General Item

    31. Legislative Update for February 2017. Staff: Phillip Ung, Legislative and External Affairs Director. This report includes a summary of the 4 bills introduced that would impact the Political Reform Act or Government Code 1090.

    February 2017 Legislative Update

    32. Executive Staff Reports

    32. Executive Staff Reports.

    Enforcement Division. Galena West, Enforcement Chief

    Legal Division. Hyla P. Wagner, General Counsel

    External Affairs and Education. Tara Stock, Manager 

    Feb 2017 Executive Staff Reports

    Additional Information

    You can obtain further information about the meeting by contacting the Commission Assistant, 428 J Street, Suite 620, Sacramento, CA, 95814, Tel. (916) 322-5745. Written comments on agenda items should be submitted to the Commission no later than 12:00 p.m. the day before the meeting in order to afford the Commissioners adequate time to fully consider the comments. E-mail comment letters directly to CommAsst@fppc.ca.gov.

    The agenda and related documents are posted on the FPPC website at www.fppc.ca.gov. Materials submitted by the public regarding each agenda item will be made available at the meeting and on the website.

    Members of the public may listen to the meeting by phone by calling (877) 411-9748; access code 723284; or watch the meeting via Webinar at meeting via YouTube.

    The meeting location is accessible to the disabled. Persons who, due to a disability, need assistance in order to participate in this meeting should, prior to the meeting, contact the Commission Assistant at (916) 322-5745 or CommAsst@fppc.ca.gov. TTY/TDD and Speech-to-Speech users may dial 7-1-1 for the California Relay Service to submit comments on an agenda item or to request special accommodations for persons with disabilities. Please allow a reasonable period of time between the request and the meeting date.