FPPC Enforcement Decisions, March 21, 2019

FOR IMMEDIATE RELEASE                            

March 21, 2019

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, March 21, 2019. 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 March 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.

Campaign Bank Account

In the Matter of California Republican Party and Mike Osborn; FPPC No. 17/1378. Staff: Chief of Enforcement Galena West, Program Specialist Luz Bonetti, and Commission Counsel Ruth Yang. This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. The respondents are represented by Rebecca Luby of PFS Political Finance Solutions, Inc. California Republican Party is a state general purpose committee. Mike Osborn was the Committee’s treasurer at relevant times. The Committee and Osborn failed to deposit contributions from 13 contributors into the permitted campaign bank account causing the Committee to receive contributions over the limits for candidate support, in violation of Government Code Section 85303 and Regulation 18534, subdivisions (b) and (c); and failed to timely file nine 24-Hour Reports, in violation of Government Code Section 84203. Fine: $6,500.

Mass Mailing

In the Matter of Pasadena Latino PAC and Alexander Keledjian; FPPC No. 15/165. Staff: Senior Commission Counsel Neal Bucknell and Special Investigator Ann Flaherty. The respondents are represented by Brian Hildreth of Bell, McAndrews, and Hiltachk, LLP. The Pasadena Latino PAC is a city general purpose committee. Alexander Keledjian is the PAC’sprincipal officer and treasurer. In March 2015, the Committee and Keledjian sent a mass mailing (in opposition to a candidate for the Pasadena Unified School District Board of Education), and did not disclose the PAC as the true sender, in violation of Government Code Section 84305 and Regulation 18435 (1 count). That same year, the Committee and Keledjian received approximately seven cash contributions of $100 or more and made a cash expenditure of $100 or more, in violation of Government Code Section 84300, subdivisions (a) and (b) (1 count). Fine: $4,000.

Statement of Economic Interests Non-Reporter

In the Matter of Wendy Mitchell; FPPC No. 16/252. Staff: Senior Commission Counsel Bridgette Castillo and Special Investigator Ann Flaherty. The respondent was represented by Gary S. Winuk of Kaufman Legal Group. Wendy Mitchell, a former Commissioner for the California Coastal Commission, failed to timely disclose a source of income of $10,000 or more to her business on a 2015 Annual Statement of Economic Interests, in violation of Sections 87203 and 87207, subdivision (b)(2). (1 count). Fine: $1,500.

Default Proceedings

In the Matter of Committee to Clean House and Kevin McVey; FPPC No. 15/2202. Staff: Senior Commission Counsel Christopher Burton and Special Investigator Jay Martin. Committee to Clean House was a primarily formed committee to oppose Ginny Foat, a candidate for Mayor of Palm Springs, and Paul Lewin, a candidate for Palm Springs City Council, in the November 3, 2015 General Election. The Committee’s principal officer and treasurer was Kevin McVey. The Committee and McVey failed to meet the naming requirements for primarily formed committees, and failed to identify the Committee as being primarily formed on its statement of organization, in violation of Government Code Section 84102 and Regulation 18402, subdivision (c)(3) (1 count). The Committee and McVey failed to disclose on certain advertisements that the they were not authorized or paid for by a candidate or committee controlled by a candidate, and failed to disclose the proper committee name on advertisements, in violation of Government Code Sections 84506.5, subdivision (a), and 84506, subdivision (a)(1) (1 count). The Committee and McVey failed to maintain adequate records, in violation of Government Code Section 84104 and Regulation 18401 (1 count); improperly accepted cash contributions of $100 or more and made cash expenditures of $100 or more, in violation of Government Code Section 84300, subdivisions (a) and (b) (1 count); and failed to timely file 24-Hour Reports, in violation of Government Code Section 84203 (2 counts). The Committee and McVey also failed to timely file 24-Hour Independent Expenditure Reports, in violation of Government Code Section 84204 (1 count). Fine: $23,000.

In the Matter of Friends of Anna Song for County Board of Education 2016 and Anna Song; FPPC No. 17/107. Staff: Commission Counsel Theresa Gilbertson, Associate Governmental Program Analyst Dominika Wojenska, and Law Clerk Kirin Jessel. Anna Song was elected to and has served on the Santa Clara County Board of Education since 2000. Her current term ends in 2020. Friends of Anna Song for County Board of Education 2016 is her candidate-controlled committee. The Committee and Song failed to timely file two semiannual campaign statements for the reporting periods of July 1, 2016 through December 31, 2016 and January 1, 2017 through June 30, 2017, in violation of Government Code Section 84200 (2 counts). Fine: $8,000.

Campaign Non-Filer

In the Matter of Steven Bradford for Senate 2016 and Steven C. Bradford; FPPC No. 19/0002. Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. The respondent was represented by Steven Kaufman of Kaufman Legal Group. Steven C. Bradford was a successful candidate for Senate in the November 8, 2016 General Election. Steven Bradford for Senate 2016 is his candidate-controlled committee. The Committee and Bradford failed to timely file six 24-Hour Reports and two 10-Day reports, in violation of Government Code Section 84203 (8 counts). Fine: $1,916.

In the Matter of Shaffer Cormell for Judge 2016, Shaffer Cormell for Judge 2018, Shaffer Cormell, and Melissa Cormell; FPPC No. 18/477. Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Shaffer Cormell was an unsuccessful candidate for Riverside County Superior Court Judge in the June 7, 2016 Primary Election and the June 5, 2018 Primary Election. Shaffer Cormell for Judge 2016 was his candidate-controlled committee in the 2016 Primary Election. Shaffer Cormell for Judge 2018 was his candidate-controlled committee in the 2018 Primary Election. Melissa Cormell was the treasurer for both committees. The 2016 Committee, Cormell, and Cormell failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count). The 2018 Committee, Cormell, and Cormell failed to timely file three pre-election campaign statements, in violation of Government Code Section 84200.5 (3 counts); and failed to timely file one 24-Hour Report within 24 hours of receiving a contribution on May 4, 2018, in violation of Government Code Section 84203 (1 count). Fine: $1,413.

In the Matter of Association of San Miguel Firefighters Local 1434 and Ron Quinlan; FPPC No. 18/1015. Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. Association of San Miguel Firefighters Local 1434 is a local general purpose committee. Ron Quinlan is the Committee’s treasurer. The Committee and Quinlan failed to timely file three 24-Hour Independent Expenditure Reports, in violation of Government Code Section 84204 (3 counts); and failed to timely report independent expenditures on a pre-election campaign statement for the reporting period of January 1, 2018 through September 22, 2018, in violation of Government Code Section 84211 (1 count). Fine: $1,270.

In the Matter of Valerie F. Davis for School Board Area 3, Valerie F. Davis, and Michael F. Davis; FPPC No. 18/1203. Staff: Chief of Enforcement Galena West, Program Specialist Luz Bonetti, and Associate Governmental Program Analyst Dominika Wojenska. Valerie F. Davis was a successful candidate for Fresno Unified School District Board of Trustees in the November 6, 2018 General Election. Valerie F. Davis for School Board Area 3 is her candidate-controlled committee. Michael F. Davis is the Committee’s treasurer. The Committee, Davis, and Davis failed to timely file two 24-Hour Reports, in violation of Government Code Section 84203 (2 counts); and failed to timely report contributions received on two pre-election campaign statements for the reporting periods of July 1, 2018 through September 22, 2018 and September 23, 2018 through October 20, 2018, in violation of Government Code Section 84211 (2 counts). Fine: $968.

In the Matter of Pritchard for AV City Council 2018, Gary Pritchard, and Glen Hatton; FPPC No. 18/1211. Staff: Chief of Enforcement Galena West and Intake Manager Tara Stock. Gary Pritchard was an unsuccessful candidate for Aliso Viejo City Council in the November 6, 2018 General Election. Pritchard for AV City Council 2018 is his candidate-controlled committee. Glen Hatton is the Committee’s treasurer. The Committee, Pritchard, and Hatton failed to timely file four 24-Hour Reports for contributions received of $1,000 or more, in violation of Government Code Section 84203 (4 counts). Fine: $930.

In the Matter of The California List and Bettina Duval; FPPC No. 17/1380. Staff: Commission Counsel Michael W. Hamilton. The respondents are represented by Richard Rios of Olson Hagel & Fishburn. The California List is a state general purpose committee. Bettina Duval is the Committee’s treasurer. The Committee and Duval failed to timely file two pre-election statements for reporting periods of January 1, 2014 through March 17, 2014 and July 1, 2014 through September 30, 2014, in violation of Government Code Sections 84200.5 and 84200.7 (2 counts) Fine:  $708.

In the matter of Tony Barrera for Salinas City Council 2018, Tony Barrera and Guadalupe Gilpas; FPPC No. 18/1199. Staff: Chief of Enforcement Galena West and Staff Services Analyst Shaina Elkin. Tony Barrera was a successful candidate for Salinas City Council District 2, in the November 6, 2018 General Election. Tony Barrera for City Council 2018 is his candidate-controlled committee. Guadalupe Gilpas is the Committee’s treasurer. The Committee, Barrera and Gilpas failed to timely file two pre-election campaign statements for the reporting periods of January 1, 2018 through September 22, 2018, and September 23, 2018 through October 20, 2018, in violation of Government Code Section 84200.5 (2 counts). The Committee, Barrera and Gilpas also failed to timely file one 24-Hour Report during the reporting period of September 22, 2018 through October 20, 2018, in violation of Government Code Section 84203 (1 count). Fine: $672.

In the Matter of Chula Vista Educators PAC and Craig Best; FPPC No. 18/1016. Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. Chula Vista Educators PAC is a local general purpose committee. Craig Best is the Committee’s treasurer. The Committee and Best failed to timely file a pre-election campaign statement for the reporting period of July 1, 2018 through September 22, 2018, in violation of Government Code Section 84200.5 (1 count); and failed to timely file one 24-Hour Report, in violation of Government Code Section 84203 (1 count). Fine: $514.

In the Matter of Procaccianti Companies, Inc.; FPPC No. 17/1458. Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. Procaccianti Companies, Inc. is a local major donor committee in the City of Santa Monica. The Committee failed to timely file one 24-Hour Report, in violation of Government Code Section 84203 (1 count). Fine: $320. 

In the Matter of Gil J. Botello for City Council 2018 and Gil J. Botello; FPPC No. 18/1284. Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Gil J. Botello was an unsuccessful candidate for San Bernardino City Council in the November 6, 2018 General Election. Gil J. Botello for City Council 2018 was his candidate-controlled committee. The Committee and Botello failed to timely file a pre-election campaign statement for the reporting period of September 22, 2018 through October 20, 2018, in violation of Government Code Section 84200.5 (1 count). Fine: $281.

In the Matter of Oak Grove Educators Association CTA NEA PAC and Rebecca Munson; FPPC No. 18/1038. Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Oak Grove Educators Association CTA NEA PAC is a county general purpose committee. Rebecca Munson is the Committee’s treasurer. The Committee and Munson failed to timely file a pre-election campaign statement for the reporting period of July 1, 2018 through September 22, 2018, in violation of Government Code Section 84200.5 (1 count). Fine: $257.

In the Matter of Yamel Jimmy Mourad and Donna I. Gannon for Bell City Council 2015, Donna I. Gannon, Yamel Jimmy Mourad, and Luz Martinez; FPPC No. 15/149. Staff: Assistant Chief Counsel Angela Brereton and Special Investigator Garrett Micheels. Donna I. Gannon and Yamel Jimmy Mourad were unsuccessful candidates for Bell City Council in the March 3, 2015 Primary Election. Yamel Jimmy Mourad and Donna I. Gannon for Bell City Council 2015 was Gannon’s and Mourad’s joint candidate-controlled committee. Luz Martinez was the Committee’s treasurer. The Committee, Gannon, Mourad, and Martinez failed to timely report contributions received and occupation/employer information, on a semi-annual campaign statement for the reporting period of February 15 through June 30, 2015, in violation of Government Code Section 84211 (1 count). Fine: $235.

In the Matter of David Cohen for Berryessa School Board 2018 and David Cohen; FPPC No. 18/925. Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. David Cohen was a successful candidate for Berryessa Union School District Board in the November 6, 2018 General Election. David Cohen for Berryessa School Board 2018 is his candidate-controlled committee. The Committee and Cohen failed to timely file one 24-Hour Report, in violation of Government Code Section 84203 (1 count). Fine: $235.

In the Matter of Sabrina Narain for City Council 2018 and Sabrina Narain; FPPC No. 18/1197. Chief of Enforcement Galena West and Staff Services Analyst Shaina Elkin. Sabrina Narain was an unsuccessful candidate for City Council Member of Fullerton, in the November 6, 2018 General Election. Sabrina Narain for City Council 2018 was her candidate-controlled committee. The Committee and Narain failed to timely file a 24-Hour Report, in violation of Government Code Section 84203 (1 count). Fine: $230

In the Matter of Friends of Michele Rendler for Redlands School Board 2018, Michele Rendler, and Ann VanDamme; FPPC No. 18/1220. Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Michele Rendler was an unsuccessful candidate for Board Member of the Redlands School Board in the November 6, 2018 General Election. Friends of Michele Rendler for Redlands School Board 2018 was her candidate-controlled committee. Ann VanDamme was the Committee’s treasurer. The Committee, Rendler, and VanDamme failed to timely file a pre-election campaign statement for the reporting period of January 1, 2018 through October 20, 2018, in violation of Government Code Section 84200.5 (1 count). Fine: $228.

In the Matter of Matt Taylor for Yolo County Office of Education and Matt Taylor; FPPC No. 18/1190. Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. Matt Taylor was a successful candidate for Yolo County Board of Education in the November 6, 2018 General Election. Matt Taylor for Yolo County Office of Education is his candidate-controlled committee. The Committee and Taylor failed to timely file a pre-election campaign statement for the reporting period of September 28, 2018 through October 20, 2018, in violation of Government Code Section 84200.5 (1 count). Fine: $217.

In the Matter of Dina Walker for Rialto School Board 2018, Dina Walker, and Paul Scott; FPPC No. 18/983. Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Dina Walker was a successful candidate for Board Member of Rialto School Board in the November 6, 2018 General Election. Dina Walker for Rialto School Board was her candidate-controlled committee. Paul Scott was the Committee’s treasurer. The Committee, Walker, and Scott failed to timely file a 24-Hour Report, in violation of Government Code Section 84203 (1 count). Fine: $215.

Statement of Economic Interests Non-Filer

In the Matter of Mumbie Fredson Cole; FPPC No. 17/1041. Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Mumbie Fredson Cole, a Senior Transportation Engineer of District 7 in Los Angeles with the California Department of Transportation, failed to timely file a 2016 Annual Statement of Economic Interests and a 2017 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (2 counts). Fine: $400.

In the Matter of David Mecchi; FPPC No. 17/994. Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. David Mecchi, a Director of the Sierra Coordinated Resources Management Council, 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 Bret Daniels; FPPC No. 19/298. Staff: Chief of Enforcement Galena West and Intake Manager Tara Stock. Bret Daniels, a City Council Member for the City of Citrus Heights, failed to timely file a 2017 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Fine: $200.