FPPC Enforcement Decisions, August 17, 2017

FOR IMMEDIATE RELEASE                            

August 17, 2017

For More Information Contact:

Jay Wierenga (916) 322-7761

.pdf version of news release

The following are enforcement decisions approved by the Fair Political Practices Commission at its regular monthly meeting held on Thursday, June 29, 2017. Decisions are listed by category and include a brief summary of each case and the total amount of any administrative fine in each case.

Additional information on each of the enforcement cases listed below can be found in the June agenda on the FPPC website at www.fppc.ca.gov. FPPC agendas are distributed and posted on the agency website at least 10 days prior to each monthly meeting.

The web version of the agenda includes links to the stipulations agreed to between the FPPC Enforcement Division and the individuals and organizations subject to the fines, or the default decisions proposed to the Commission. Exhibits in support of the stipulations and proposed default decisions are also available on the website. If you or need further assistance, please contact the FPPC communications office at (916) 322-7761 or press@fppc.ca.gov.

Laundered Campaign Contributions  

The Huntley Hotel, a luxury hotel in Santa Monica, made contributions in the names of others instead of its own legal name to support candidates for Santa Monica City Council. In 2012, The Huntley Hotel made the following contributions in the names of others instead of its own legal name: nine contributions to Terry O’Day for City Council 2012, nine contributions to Gleam Davis for City Council 2012, eleven contributions to Richard McKinnon for City Council 2012, eleven contributions to Ted Winterer for City Council 2012, and four contributions to Santa Monicans for Responsible Growth, totaling $86,650; in violation of Government Code Section 84301 (44 counts). From 2013 through 2015, The Huntley Hotel made the following contributions in the names of others instead of its own legal name: one contribution to Santa Monicans for Renters Rights, one contribution to Santa Monica Coalition for a Livable City and sixteen contributions to McKinnon for City Council 2014, totaling $10,700; in violation of Government Code Section 84301 (18 counts). Fine: $310,000.   

Richardson Patel was a law firm located in Los Angeles, CA until it merged with another law firm in 2015. Pure Pilates, Inc. is a Pilates studio located in Encino, CA. In 2012, Richardson Patel acted as an agent for The Huntley Hotel by making a $10,000 contribution to Santa Monicans for Responsible Growth in the name of Pure Pilates without disclosing the identity of the true donor, in violation of Government Code Section 84302 (1 count). Pure Pilates acted as an intermediary of The Huntley Hotel and failed to disclose the original contributor information for the $10,000 contribution to Santa Monicans for Responsible Growth, in violation of Government Code Section 84302 (1 count). Fine: $10,000.

Contribution Limits  

This matter arose from an audit performed pursuant to the Franchise Tax Board’s Political Reform Audit Program. Adam Gray is a current member of the State Assembly. Gray for Assembly 2014 was his candidate-controlled committee for the November 4, 2014 General Election. Douglas L. White was the Committee’s treasurer. The Committee, Gray, and White failed to timely file one 24-Hour Report for two late independent expenditures, in violation of Government Code Section 84204 (1 count); failed to timely file 24-Hour Reports for four late contributions, in violation of Government Code Sections 84203 and 85309, subdivision (a) (1 count); failed to timely file one $5,000 contribution report, in violation of Government Code Section 85309, subdivision (c) (1 count); and accepted campaign contributions that exceeded contribution limits, in violation of Government Code Section 85301, subdivision (a) and Regulation 18545, subdivision (a)(1) (1 count). Fine: $8,500.

Campaign Non-Filer  

This matter arose from an audit performed pursuant to the Franchise Tax Board’s Political Reform Audit Program. John Gioia is a current member of the Contra Costa County Board of Supervisors. Contra Costa Supervisor John Gioia 2010 Officeholder Account and Contra Costa Supervisor John Gioia 2014 Officeholder Account are his candidate-controlled committees. Jennifer Peck was previously the treasurer for both Committees. Gioia is the current treasurer for both Committees. The 2010 Committee, Gioia, and Peck failed to timely file seven semiannual campaign statements, in violation of Government Code Section 84200, subdivision (a) (3 counts). The 2014 Committee, Gioia, and Peck failed to timely file seven semiannual campaign statements, in violation of Government Code Section 84200, subdivision (a) (3 counts); failed to timely file two pre-election campaign statements, in violation of Government Code Sections 84200.5, subdivision (a), and 84200.8, subdivisions (a) and (b) (1 count); and failed to timely file a 24-Hour Report, in violation of Government Code Section 84203 (1 count). Fine: $14,000. 

Fallbrook Firefighters Legislative Action Group is a county general purpose committee. Eddie Jones is the Committee’s treasurer. The Committee and Jones failed to timely file eight semiannual campaign statements with the City of San Diego covering the reporting period of January 1, 2013 through December 31, 2016, in violation of Government Code Section 84200 (8 counts); and failed to timely file two pre-election campaign statements, in violation of Government Code Section 84200.5 (2 counts). Fine: $2,273. 

This matter arose from an audit performed pursuant to the Franchise Tax Board’s Political Reform Audit Program. Political Committee of IBEW Local Union No. 617 is a state general purpose committee. Kathleen C. Havener is the Committee’s treasurer. The Committee and Havener failed to timely file two 24-Hour Reports, in violation of Government Code Section 84203 (2 counts); and failed to file one supplemental pre-election campaign statement covering the reporting period of July 1, 2013 through October 19, 2013, in violation of Government Code Section 84202.5 (1 count). Fine: $898.

Neighbors United is a local general purpose committee. Gino C. Bastianon is the treasurer of the Committee. The Committee and Mr. Bastianon failed to timely file one semiannual campaign statement, in violation of Government Code Section 84200, subdivision (a) (1 count); and failed to timely file two pre-election campaign statements, in violation of Government Code Sections 84200.5, subdivision (a), and 84200.5, subdivisions (a) and (b) (2 counts). Fine: $798. 

This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. California American Council of Engineering Companies Political Action Committee (CA ACEC PAC) is a state general purpose committee. Brad Diede is the Committee’s treasurer. Paul J. Meyer was the Committee’s treasurer at the time of the violations. The Committee, Diede and Meyer failed to timely file two 24-Hour Reports, in violation of Government Code Section 84203 (2 counts). Fine: $691. 

This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. Pat Gacoscos was a successful candidate for Union City Council in the November 4, 2014 General Election. Bert Padua was the Committee’s treasurer. Pat Gacoscos for City Council 2014 was her candidate-controlled committee. The Committee, Padua, and Gacoscos failed to file three 24-Hour Reports, in violation of Government Code Section 84203 (3 counts). Fine: $658.     

This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. Kenneth S. Palfini was an unsuccessful candidate for Siskiyou County Supervisor, District 3, in the June 3, 2014 Primary Election. Palfini for Supervisor 2014 was his candidate-controlled committee. The Committee and Palfini failed to timely file one pre-election campaign statement covering the reporting period of March 18, 2014 through June 17, 2014, in violation of Government Code Section 84200.5 (1 count); and failed to timely file two 24-Hour Reports, in violation of Government Code Section 84203 (2 counts). Fine: $657. 

Olivia Balderrama was an unsuccessful candidate for the Perris City Council in the November 3, 2015 General Election.  Olivia Balderrama for City Council 2015 was her candidate-controlled committee.  Marlena Gutierrez was the Committee’s treasurer.  The Committee, Balderrama, and Gutierrez failed to timely file three 24-Hour Reports, in violation of Government Code Section 84203 (3 counts).  Fine: $648. 

James Morales Jr. was a successful candidate for the East Valley Water District Board of Directors in the August 27, 2013 Special Election. Community for James Morales Jr. East Valley Water District 2013 is his candidate-controlled committee. The Committee and Morales failed to timely file three semiannual campaign statements for the reporting periods of August 10, 2013 through December 31, 2014, in violation of Government Code Section 84200 (3 counts). Fine: $626. 

Magdalena Carrasco was a successful candidate for the East Side Union High School Board of Trustees in the November 6, 2012 General Election. Friends of Magdalena Carrasco for Ease Side Union High School Board of Trustees 2012 was her candidate-controlled committee. The Committee and Carrasco failed to file two semiannual campaign statements for the reporting periods of July 1, 2014 through December 31, 2014; and July 1, 2015 through December 31, 2015, in violation of Government Code Section 84200 (2 counts). Fine: $565. 

Melody O. Ngaue-Tuuholoaki was a successful candidate for Seat 3 on the Inglewood Unified School District School board in the April 4, 2017 Special Election. Committee to Elect Melody Ngaue-Tuuholoaki For School Board 2017 is her candidate-controlled committee. Siniva T. Walker is the Committee’s treasurer. The Committee, Ngaue-Tuuholoaki and Walker failed to timely file one pre-election campaign statement covering the reporting period of January 1, 2017 through February 18, 2017, in violation of Government Code Section 84200.5 (1 count). Fine: $404. 

This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. Dennis DeYoung was an unsuccessful candidate for Assembly District 45 in the September 17, 2013 Special Election. DeYoung failed to file one pre-election statement for the reporting period of January 1, 2013 through August 3, 2013, in violation of Government Code Section 84200.5 (1 count). Fine: $283.

 Joyce Dalessandro was a successful candidate for Trustee of San Dieguito Union High School District in the November 8, 2016 General Election. Committee to Re-Elect Joyce Dalessandro Trustee 2016 was her candidate-controlled committee. Cynthia B. Parti was the Committee’s treasurer. The Committee, Dalessandro, and Parti failed to timely file one semiannual campaign statement for the reporting period of October 23, 2016 through December 31, 2016, in violation of Government Code Section 84200 (1 count). Fine: $257. 

The Silicon Valley Latino Democratic Forum is a local general purpose committee. Lee Ross Gomez, Jr. is the Committee’s treasurer. The Committee and Gomez failed to timely file one semiannual campaign statement for the reporting period covering January 1, 2016 through June 30, 2016, in violation of Government Code Section 84200 (1 count). Fine: $209. 

The South County Airport Promotion PAC is a local general purpose committee. Rodney Pharis is the Committee’s treasurer. The Committee and Pharis failed to timely file one semiannual campaign statement for the reporting period of January 1, 2016 through June 30, 2016, in violation of Government Code Section 84200 (1 count). Fine: $206.

Slate Mailer Organization  

San Francisco League of Conservation Voters is a local general purpose committee. Ian Wren is the Committee’s treasurer. The Committee and Wren 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). The Committee also qualified as a slate mailer organization. The Committee and Wren failed to timely file two slate mailer organization reports, in violation of Government Code Section 84220 (2 counts). Fine: $1,311.

Campaign Non-Reporter  

This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. Consumer Advocates for Safe Food and Water, Sponsored by Food & Water Watch was a state general purpose committee. Jesse Mainardi was the Committee’s treasurer. The Committee and Mainardi failed to timely report subvendor information for payments made by the Committee, in violation of Government Code Sections 84211, subdivision (k) and 84303. Fine: $2,000. 

Long Beach Area Republican Party is a local general purpose committee. Michele Morris is the Committee’s treasurer. The Committee and Morris failed to timely report financial activity on one semiannual campaign statement for the reporting period of July 1, 2015 through December 31, 2015, in violation of Government Code Section 84211 (1 count). Fine: $353.

Statement of Economic Interests Non-Filer  

William Larson, a board member of the Bixby Knolls Parking & Business Improvement Area Association, failed to timely file Annual Statements of Economic Interests for the years of 2015 and 2016 with the City of Long Beach, in violation of Government Code Section 87300 (2 counts). Fine: $400. 

Mark Little, an Investment Money Manager Consultant for the Los Angeles City Employee’s Retirement Systems, failed to timely file an Annual Statement of Economic Interests for the year of 2014, in violation of Government Code Section 87203 (1 count). Fine: $200. 

Craig Knight, a Planning Commissioner with the City of Firebaugh, failed to timely file an Annual Statement of Economic Interests for the year of 2015, in violation of Government Code Section 87203 (1 count). Fine: $200. 

Kevin Fat, a member of the California Travel and Tourism Commission, failed to timely file an Annual Statement of Economic Interests for the year 2015 with the Secretary of State’s Office, in violation of Government Code Section 87300 (1 count). Fine: $200.