FPPC Enforcement Decisions, September 21, 2017

FOR IMMEDIATE RELEASE                            

September 21, 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.

Behested Payments  

In the Matter of Tony Rackauckas; FPPC No. 16/612. Staff: Assistant Chief of Enforcement Dave Bainbridge and Special Investigator Paul Rasey. Tony Rackauckas, the District Attorney for Orange County, failed to timely report 14 payments of $5,000 or more made at his behest to the Orange County Gang Reduction and Intervention Partnership, a non-profit organization, in violation of Government Code Section 82015, subdivision (b)(2)(B)(iii) (14 counts). Fine: $21,000.

Campaign Reporting  

In the Matter of Douglas Hanson, Committee to Re-Elect Mayor Doug Hanson to Indian Wells City Council 2012, and M. Elena Hanson; FPPC Nos. 14/549 and 14/775. Staff: Commission Counsel Christopher Burton, Senior Commission Counsel Neal Bucknell, and Special Investigators Ann Flaherty and Jay Martin. Douglas Hanson was a candidate for the Indian Wells City Council in the November 6, 2012 General Election. Committee to Re-Elect Mayor Doug Hanson to Indian Wells City Council 2012 was his candidate-controlled committee. M. Elena Hanson was the Committee’s treasurer. The Committee, Hanson, and Hanson failed to timely report: expenditures and a contribution on the semiannual campaign statement covering the reporting period of January 1, 2012 through June 30, 2012; a contribution on the pre-election campaign statement covering the period of July 1, 2012 through September 30, 2012; accrued expenses, contributions, expenditures, and reimbursements on the pre-election campaign statement covering the reporting period of October 1, 2012 through October 20, 2012; and expenditures, contributions, and reimbursements on the semiannual campaign statement covering the period of October 21, 2012 through December 31, 2012, in violation of Government Code Section 84211 (2 counts); Additionally, the Committee, Hanson, and Hanson paid expenditures with personal funds without first depositing them into the Committee’s designated bank account, in violation of Government Code Section 85201 (1 count). Fine: $7,500.

Conflict of Interests  

In the Matter of Simon Lee; FPPC No. 16/677. Staff: Assistant Chief of Enforcement Dave Bainbridge and Special Investigator Garrett Micheels. Simon Lee was an alternate commissioner on the City of San Marino Planning Commission from July 2014 to January 2015. Prior to that, he was a member of the City of San Marino Design Review Committee for four years. While serving on the Design Review Committee, Lee twice voted in favor of applications submitted by clients of his architectural firm, in violation of Government Code Section 87100 (2 counts). Lee also failed to disclose sources of income on the Statements of Economic Interests filed for his positions on the Design Review Committee and the Planning Commission in violation of Government Code Sections 87202, 87204, and 87300 (2 counts). Fine: $10,000.

Advertisement Disclosure  

In the Matter of R4: Redondo Residents for Responsible Revitalization; FPPC No. 15/112. Staff: Assistant Chief of Enforcement Dave Bainbridge and Special Investigator George Aradi. R4: Redondo Residents for Responsible Revitalization is a ballot measure committee opposing Measure B on the March 3,2015 Special Election ballot in the City of Redondo Beach. The Committee failed to properly identify the committee name on its advertisements in violation of Government Code Sections 84305, subdivision (a) and 84504, subdivision (c); and Code of Regulations, title 2, section 18450.4, subdivision (b)(1) (1 count). Fine: $3,000.

Campaign Non-Filer  

In the Matter of Gregory Kelly Meagher; FPPC No. 16/236. Staff: Senior Commission Counsel Neal Bucknell and Program Specialist Soni Mangat. In 2014, Gregory Kelly Meagher qualified as a major donor. Meagher made independent expenditures in connection with Measure A and Measure B which was on the November 4, 2014 General Election ballot in Butte County. Meagher failed to file four 24-Hour Reports, in violation of Government Code Sections 84203, subdivisions (a) and (b) and 84204, subdivision (a) (1 count); and failed to file one semiannual campaign statement for the reporting period of July 1, 2014 through December 31, 2014, in violation of Government Code Section 84200, subdivision (b). Fine: $4,500. 

In the Matter of Veronica Guardado for Maywood City Council 2015 and Veronica Guardado; FPPC No. 15/619 (Streamline Settlement). Staff: Senior Commission Counsel Bridgette Castillo, Special Investigator Marshall Miller, Program Specialist Patricia Ballantyne, and Staff Services Analyst Dominika Wojenska. Veronica Guardado was an unsuccessful candidate for Maywood City Council in the November 3, 2015 General Election. Veronica Guardado for Maywood City Council 2015 is her candidate-controlled committee. The Committee and Guardado failed to timely file a Candidate Intention Statement, in violation of Government Code Section 85200; amendments to the Committee’s Statement of Organization, in violation of Government Code Section 84103 (2 counts); two pre-election campaign statements covering the reporting periods of July 1, 2015 through October 17, 2015, in violation of Government Code Section 84200.5 (2 counts); three semiannual campaign statements for the reporting periods of October 18, 2015 through December 31, 2016, in violation of Government Code Sections 84200 (3 counts); and three 24-Hour Reports, in violation of Government Code Section 84203 (3 counts). Fine: $2,135. 

In the Matter of Charles F. Magill for Judge 2014, Charles F. Magill, and Rohit Joy; FPPC No. 17/375 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Charles F. Magill was an unsuccessful candidate for Superior Court Judge of Fresno County in the June 3, 2014 Primary Election. Charles F. Magill for Judge 2014 was his candidate-controlled committee. Rohit Joy was the Committee’s treasurer. The Committee, Magill, and Joy failed to timely report contributions and expenditures on a pre-election campaign statement for the reporting period of March 18, 2014 through May 17, 2014, in violation of Government Code Section 84211 (1 count); failed to timely file one semiannual campaign statement for the reporting period of May 18, 2014 through June 30, 2014, in violation of Government Code Section 84200 (1 count); failed to timely file one 24-Hour Report, in violation of Government Code Section 84203 (1 count); and failed to timely file a Statement of Organization disclosing when the Committee terminated, in violation of Government Code Section 84101 (1 count). Fine: $1,123. 

In the Matter of AFSCME Local 3634 PAC and Richard Franden; FPPC No. 17/147 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. This matter arose from an audit preformed by the Franchise Tax Board’s Political Reform Audit Program. AFSCME Local 3634 is a state general purpose committee. Richard Franden was the Committee’s treasurer at the time of the violations. The Committee and Franden failed to timely file five 24-Hour Reports, in violation of Government Code Section 84203 (5 counts). Fine: $1,081. 

In the Matter of Greg Conlon for State Treasurer 2014, P. Gregory Conlon, and John P. Fronefield; FPPC No. 17/141 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Staff Services Analyst Hayley Porter. This matter arose from an audit preformed by the Franchise Tax Board’s Political Reform Audit Program. Greg Conlon for State Treasurer 2014 is a candidate-controlled committee. John P. Fronefield was the Committee’s treasurer. The Committee, Conlon, and Fronefield failed to timely file three 24-Hour Reports, in violation of Government Code Section 84203 (3 counts) and failed to timely file one $5,000 Report, in violation of Government Code Section 85309 (1 count). Fine: $951. 

In the Matter of Juan Villegas for Santa Ana City Council 2016 and Juan Villegas; FPPC No. 17/591 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Juan Villegas was a successful candidate for city councilmember of Santa Ana in the November 8, 2016 General Election. Juan Villegas for Santa Ana City Council 2016 is his candidate-controlled committee. The Committee and Villegas 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; and failed to timely file three 24-Hour Reports, in violation of Government Code Section 84203 (3 counts). Fine: $875. 

In the Matter of the Committee to Elect Rosalinda Valencia Mayor 2014 and Rosalinda Valencia; FPPC No. 15/183 (Streamline Settlement). Staff: Senior Commission Counsel Bridgette Castillo and Special Investigator Jay Martin. Rosalinda Valencia was an unsuccessful candidate for the Mayor of Lathrop in the November 4, 2014 General Election. Committee to Elect Rosalinda Valencia Mayor 2014 was her candidate-controlled committee. The Committee and Valencia failed to timely file four 24-Hour Reports, in violation of Government Code Sections 84203 (4 Counts). Fine: $874. 

In the Matter of Judy Umeck for Saugus School Board 2013, Judy Umeck, and Bruce Umeck; FPPC No. 15/220 (Streamline Settlement). Staff:  Commission Counsel Michael W. Hamilton and Staff Service Analyst Dominika Wojenska. Judy Umeck was a successful candidate for Saugs School Board in 2013. Umeck and the treasurer failed to timely file four semiannual campaign statements covering the reporting periods of January 1, 2014 through December 31, 2014 and July 1, 2015 through June 30, 2016, in violation of Government Code Section 84200 (4 counts). Fine: $800. 

In the Matter of Greg Tanaka for Palo Alto City Council 2016, Greg Tanaka, and Jeff Justice; FPPC No. 17/00117 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Teri Rindahl. Greg Tanaka successfully ran for Palo Alto City Council in the November 8, 2016 General Election. Jeff Justice is the Committee’s treasurer. The Committee, Tanaka, and Justice failed to timely file two 24-Hour Reports, in violation of Government Code Section 84203 (2 counts); and failed to disclose occupation and employer information on the semiannual statement covering the reporting period of July 1, 2016 through December 31, 2016, in violation of Government Code Section 84211 (1 count). Fine: $733. 

In the Matter of Friends of Sheila Jordan, Sheila Jordan, and Kim Boston; FPPC No. 16/0308 (Streamline Settlement). Staff: Commission Counsel Theresa Gilbertson and Staff Services Analyst Dominika Wojenska. Sheila Jordan served as the Alameda County Superintendent of Schools for 16 years. Friends of Sheila Jordan was her candidate-controlled committee. Kim Boston was the Committee’s treasurer. The Committee, Jordan, and Boston failed to timely file three semiannual campaign statements covering the reporting period of July 1, 2014 through December 31, 2015, in violation of Government Code Section 84200 (3 counts). Fine: $629. 

In the Matter of Committee to Elect Michael Wilson Indio City Council 2014, Michael H. Wilson, and Gian D. Neigel; FPPC No. 16/19894 (Streamline Settlement). Staff: Commission Counsel Christopher Burton and Special Investigator Garrett Micheels. Michael H. Wilson is a current member of the Indio City Council. Committee to Elect Michael Wilson City Council 2014 is his candidate-controlled committee. Gina D. Neigel is the Committee’s treasurer. The Committee, Wilson, and Neigel failed to timely file one 24-Hour Report for an independent expenditure, in violation of Government Code Section 84204; and failed to timely report subvendor payments on the Committee’s campaign statement covering the reporting period of July 1, 2016 through December 31, 2016, in violation of Government Code Section 84211 (1 count). Fine: $483. 

In the Matter of Committee to Elect Rafael Garcia for Salinas Valley Memorial Hospital Board 2012 District 3, Rafael Garcia, and Nathalia Carrillo; FPPC No. 16/320 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Staff Services Analyst Dominika Wojenska. Rafael Garcia was a successful candidate for the Salinas Valley Memorial Healthcare System Board in the November 6, 2012 General Election. Committee to Elect Rafael Garcia for Salinas Valley Memorial Hospital Board 2012 District 3 is his candidate-controlled committee. Nathalia Carrillo is the Committee’s treasurer. The Committee, Garcia, and Carrillo failed to timely file one semiannual campaign statement for the reporting period of October 26, 2012 through December 31, 2012, in violation of Government Code Section 84200 (1 count). Fine: $268.

In the Matter of Yes on Measure UUT and Amy Putnam; FPPC No. 16/382 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Teri Rindahl. Yes on UUT was a local primarily formed ballot measure committee. Amy Putnam was the Committee’s treasurer.  The Committee and Putnam failed to timely file one pre-election campaign statement covering in the reporting period of January 1, 2014 through March 33, 2014, in violation of Government Code Section 84200.5 (1 count). Fine: $241. 

In the Matter of Calaveras Residents Against Commercial Marijuana, Susan Morse, and Vicky Reinke; FPPC No. 16/19770 (Streamline Settlement). Staff: Chief of Enforcement Galena West, Special Investigator Paul Rasey, and Political Reform Consultant Chloe Hackert. Calaveras Residents Against Commercial Marijuana is a county general purpose committee. Susan Morse is the Committee’s treasurer. Vicky Reinke is the Committee’s principal officer. The Committee, Morse, and Reinke failed to timely file an amendment to the Committee’s Statement of Organization within 10 days of qualifying as a committee and failed to disclose the Committee’s status as primarily formed to oppose Measure D on the November 8, 2016 General Election ballot in Calaveras County, in violation of Government Code Section 84101 (1 count). Fine: $200.

Campaign Non-Reporter 

In the Matter of ReElect Debi Davis for City Council 2016, Debi Davis, and Beverly Silva; FPPC No. 16/20112 (Streamline Settlement). Staff: Commission Counsel Christopher Burton and Special Investigator Jay Martin. Debi Davis was a successful candidate for the Santa Clara City Council in the November 8, 2016 General Election. ReElect Debi Davis for City Council 2016 was her candidate-controlled committee. Beverly Silva was the Committee’s treasurer. The Committee, Davis, and Silva failed to timely report accrued expenses associated with services provided by Foo Robertson Marketing on three pre-election campaign statements covering the reporting periods of July 1, 2016 through October 28, 2016, in violation of Government Code Section 84211 (3 counts). Fine: $634.

In the Matter of Silva for Council 2016, Tino Silva, and Dennis Azevedo; FPPC No. 16/20117 (Streamline Settlement). Staff: Commission Counsel Christopher Burton and Special Investigator Jay Martin. Tino Silva was a candidate for the Santa Clara City Council in the November 8, 2016 General Election. Silva for Council 2016 was his candidate-controlled committee. Dennis Azevedo was the Committee’s treasurer. The Committee, Silva, and Azevedo failed to timely report accrued expenses associated with services provided by Foo Robertson Marketing on three pre-election campaign statements covering the reporting period of July 1, 2016 through October 28, 2016, in violation of Government Code Section 84211 (3 counts). Fine: $634. 

In the Matter of Watanabe for City Council 2016, Kathy Watanabe, and Karl Watanabe; FPPC No. 16/20113 (Streamline Settlement). Staff: Commission Counsel Christopher Burton and Special Investigator Jay Martin. Kathy Watanabe was a successful candidate for the Santa Clara City Council in the November 8, 2016 General Election. Watanabe for City Council 2016 was her candidate-controlled committee. Karl Watanabe was the treasurer of the Committee. The Committee, Kathy Watanabe, and Karl Watanabe failed to timely report accrued expenses associated with services provided by Foo Robertson Marketing on three pre-election campaign statements covering the reporting period of July 1, 2016 through October 28, 2016, in violation of Government Code Section 84211 (3 counts). Fine: $614. 

In the Matter of Sheryl Turner and Sheryl Turner for Pasadena School Board 2015; FPPC No. 15/1984 (Streamline Settlement). Staff:  Commission Counsel Michael W. Hamilton, Special Investigator, Ann Flaherty and Staff Service Analyst Kathryn Trumbly. Sheryl Turner was an unsuccessful candidate for the Pasadena School Board in 2015. The Committee and Turner failed to timely report expenditures on the pre-election campaign statement covering the reporting period of February 22, 2015 through June 30, 2015, in violation of Government Code Section 84211 (1 count). Fine:  $256.

Statement of Economic Interests Non-Filer  

In the Matter of Bret Mackey; FPPC No. 16/19995 (Streamline Settlement). Staff:  Commission Counsel Michael W. Hamilton and Staff Service Analyst Kathryn Trumbly. Bret Mackey, a Staff Service Analyst for California Correctional Health Care Services, failed to timely file his Assuming Office Statement of Economic Interest, in violation of Government Code Section 87300 (1 count). Fine:  $600. 

In the Matter of Colton Bear; FPPC No. 17/195 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Enforcement Intake Manager Tara Stock. Colton Bear, a Director for the Hornbrook Fire District, failed to timely file an Assuming Office Statement of Economic Interests and a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (2 counts). Fine: $600. 

In the Matter of Michael Guth; FPPC No. 17/713 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Michael Guth, as a Planning Commissioner for the County of Santa Cruz, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Fine: $200. 

In the Matter of Richard Clark; FPPC No. 17/711 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Richard Clark, as a Planning Commissioner of the County of Contra Costa, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Fine: $200. 

In the Matter of Sheri McBee; FPPC No. 17/671 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Enforcement Intake Manager Tara Stock. Sheri McBee, a Director for the Firebaugh Canal Water District, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200. 

In the Matter of Joe Sturdivant; FPPC No. 17/641 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Enforcement Intake Manager Tara Stock. Joe Sturdivant, an Associate Park and Recreation Specialist for the California Parks and Recreation Department, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200. 

In the Matter of Frank Padilla; FPPC No. 17/640 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Enforcement Intake Manager Tara Stock. Frank Padilla, a Park and Recreation Specialist for the California Parks and Recreation Department, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200. 

In the Matter of Anne Millington; FPPC No. 17/637 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Enforcement Intake Manager Tara Stock. Anne Millington, a Research Program Specialist II for the California Parks and Recreation Department, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200. 

In the Matter of Cassie Thomas; FPPC No. 16/246 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Cassie Thomas, a former member of the Workforce Investment Board and/or Youth Council, failed to timely file a 2014 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200. 

In the Matter of Katherine Kasolas-Jacobson; FPPC No. 16/016 (Streamline Settlement). Staff: Commission Counsel Ruth Yang, Political Reform Consultant Teri Rindahl, and Law Clerk Benjamin Tagert. Katherine Kasolas-Jacobson, a member of the Orchard School District Board of Trustees in the County of Santa Clara, failed to timely file a 2014 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.

Statement of Economic Interest Non-Reporter  

In the Matter of Richard Hernandez; FPPC No. 15/524 (Streamline Settlement). Staff: Senior Commission Counsel Angela Brereton. Richard Hernandez, a city councilmember for the City of Avalon, failed to timely disclose a source of income on his 2012, 2013, and 2014 Annual Statements of Economic Interests, in violation of Government Code Section 87207. Fine: $300. 

In the Matter of Lori Cowan; FPPC No. 17/626 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Lori Cowan, as Supervisor of District 2 of Del Norte County, failed to disclose her business positions as a Manager of North Coast Ocean Sports & Grill and as a Realtor for North Woods Realty and spousal income on her Assuming Office Statement of Economic Interests, in violation of Government Code Section 87207 (1 count). Fine: $100.