FPPC Enforcement Decisions May 19, 2016

For More Information Contact:

Jay Wierenga (916)322-7761

The following are enforcement decisions approved by the Fair Political Practices Commission at its regular monthly meeting held on Thursday, May 19 2016. 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 April 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 Contributions

Anthony A.“Tony” Strickland served in the California Legislature for ten years.
Strickland was an unsuccessful candidate for California State Controller in the November 2, 2010 General Election. Strickland for Controller 2010 was Strickland’s candidate controlled committee. Lysa Ray was the treasurer for Strickland for Controller. Ventura County Republican Party (“VCRP”) was a political party committee located in Camarillo, CA. VCRP is a respondent in the companion case, FPPC Case No. 16/100. Stanislaus Republican Central Committee (State Acct.), also known as Stanislaus County Republican Party (“SCRP”), was a political party committee located in Modesto, CA. SCRP was a respondent in the companion case, FPPC Case No. 16/178, for which a settlement was approved by the Commission on March 17, 2016. In 2010, VCRP and SCRP made $65,000 in contributions to Strickland for Controller. However, VCRP and SCRP were not the true sources of the contributions, and the true sources of the contributions were concealed. Strickland, Strickland for Controller, and Ray purposefully or negligently caused, or aided and abetted, three persons to make a four ear-marked, over-the-limit contributions to Strickland for Controller in the name of VCRP and SCRP, violating Sections 84301, 85301 and 85704, and Regulation 18545, subdivision (a)(1) (4 counts); and filed four false campaign statements, concealing the violations by falsely reporting that Strickland for Controller received contributions from VCRP and SCRP, when the contributions were made by other persons, in violation of Government Code Section 84211, subdivision (f) (4 counts). Fine: $40,000.

Campaign Reporting

At different times in 2011 and 2012,Meagher qualified as a major donor committee and an independent expenditure committee, and made contributions and expenditures totaling in excess of $80,000, most in connection with local ballot measure issues in Chico and Butte County. As a major donor, Meagher failed to timely file a preelection statement, in violation of Government Code Sections 84200.5, subdivision (i), and 84200.8, subdivision (a) (1 count); failed to file late contribution reports, in violation of Government Code Section 84203 (2 counts); and failed to file a semiannual campaign statement, in violation of Government Code Section 84200, subdivision (b) (1 count). As an independent expenditure committee, failed to file a supplemental independent expenditure report, in violation of Government Code Section 84203.5 (1 count), and a semiannual campaign statement, in violation of Government Code Section 84200, subdivision (b) (1 count). Meagher also caused an advertisement to be sent without proper advertising disclosures, in violation of Government Code section 84506, subdivision (a) (1 count). Fine: $14,500.

Conflict of Interest

Robert Smith, a member of the Bakersfield City Council, attempted to use his official position to influence a governmental decision in which he had a financial interest, by speaking before the Bakersfield Planning Commission regarding the approval of SmithTech USA’s application for the subdivision of two tracts of land owned by a client, in violation of Government Code Section 87100 (1 count). Fine: $3,000.

Mass Mailer

Amador Water Agency (“AWA”) produced and mailed 7,269 copies of the August 12, 2015 AWA letter at public expense. The letter individually named each member of the AWA Board of Directors, and was sent in concert with the AWA Board of Directors. AWA produced and sent the August 12, 2015 letter, in violation of Government Code Section 89001, and Regulations 18901 and 18901.1 (1 count). Fine: $3,000.

Lobbying

Law Office of Stephen M. Brigandi failed to timely file Lobbying Firm reports (Form 625) for Quarters 6, 7, and 8 of the 2013-2014 CA Legislative session, in violation of Government Code Section 86117 (3 counts). Fine: $1,000.

Campaign Statement Non-Filer

Esau Ruiz Herrera was a successful candidate for the Alum Rock Union Elementary School District governing board in the November 4, 2014 General Election. Esau Herrera for School Board 2014 was his candidate-controlled committee. Herrera and his committee failed to file one semiannual report and one late contribution report, in violation of Government Code Sections 84200 (1 count) and 84203 (1 count). In addition, Herrera and his committee failed to pay the 2014 and 2015 $50 annual fee to the Secretary of State’s Office, in violation of Government Code Section 84101.5 (2 counts). Fine: $847.

Sage Naumann, Derrick Roach, and Sage Naumann For Carlsbad School Board 2014 failed to timely file a preelection campaign statement for the period of October 1, 2014 through October 18, 2014, and a semiannual campaign statement for the period of October 19, 2014 through December 31, 2014, in violation of Government Code Sections 84200 and 84200.5 (2 counts). Fine: $436.

Los Angeles League of Conservation Voters, a county general purpose committee, and its treasurer Moe Stavnezer, failed to timely file a semiannual campaign statement for the reporting period of July 1, 2015 through December 31, 2015, in violation of Government Code Section 84200 (1 count). Fine: $299.

Russell Betts, as a successful candidate for Mayor in the City of Desert Hot Springs, his Committee to Re-Elect Russell Betts Desert Hot Springs City Council, and Tie Mei Xiao as Treasurer failed to timely file one semiannual campaign statement for the period of October 18, 2015 through December 31, 2015, in violation of Government Code Section 84200 (1 count). Fine: $239.

Campaign Statement Non-Reporter

Tyron Hampton, a successful candidate for Pasadena City Council in the March 10, 2015 Primary Election and the April 21, 2015 run-off election, and his controlled committee failed to timely disclose the occupation and employer information for contributors on two preelection campaign statements for the reporting periods ending January 24, 2015 and February 21, 2015, in violation of Government Code Section 84211 (2 counts). Fine: $425.

Statement of Economic Interests Non-Filer

Lori Acton, member of the Ridgecrest City Council, failed to timely file an Assuming Office Statement of Economic Interest and an Annual Statement of Economic Interest for the year of 2013, in violation of Government Code Sections 87202 and 87203. (2 counts). Fine: $1,400.

Jason Frantz, as a Cable Television Advisory Board Member with the City of Torrance, failed to timely file an Annual Statement of Economic Interests for the years of 2011 through 2014, in violation of Government Code Section 87300 (3 counts). Fine: $1,200.

Danny Fred, a consultant for the Housing Authority of the County of San Bernardino, failed to timely file an Annual Statement of Economic Interests for the years of 2013 and 2014, in violation of Government Code Section 87300 and 87302 (1 count). Fine: $1,000.

Keith Reeder, an Alternate Board Member of the California Avocado Commission, failed to timely file an Annual Statement of Economic Interests for the years of 2013 and 2014, in violation of Government Code Sections 87300 and 87302, subdivision (b). (2 counts). Fine: $1,000.

Gayla Dagata, as a member of the Yreka Union Elementary School Governing Board, failed to timely file an Assuming Office Statement of Economic Interest, and an Annual Statement of Economic Interest for 2014, in violation of Government Code Section 87300 (2 counts). Fine: $400.

Georgina Starkey, as a member of the Chula Vista Board of Appeals and Advisors, failed to timely file an Annual Statement of Economic Interest for the year of 2014, in violation of Government Code Section 87300 (1 count). Fine $200.

Karen Verham, as a member of the Point Dume Community Services District, failed to timely file an Annual Statement of Economic Interest for the year of 2012, and a Leaving Office Statement of Economic Interests, in violation of Government Code Section 87300 (2 counts). Fine: $400.

Bud Postma, as a member of the Department of Food and Agriculture Milk Producer Review Board, failed to timely file an Assuming Office Statement of Economic Interest and an Annual Statement of Economic Interests for the year of 2014, in violation of Government Code Section 87300 (2 counts). Fine $400.

Michael Alvarez, Building Inspector of the Los Angeles Department of Building and Safety, failed to timely file an Annual Statement of Economic Interests for the year of 2013, in violation of Government Code Section 87300 (1 count). Fine: $200.

Yvette Castro-Farias, as a Commissioner on the Santa Clara County Commission on the Status of Women, failed to timely file an Annual Statement of Economic Interests for the year of 2014, in violation of Government Code Section 87300 (1 count). Fine: $200.

Jaideep Vaswani, as a Member of the Energy Resource Management Committee for the City of Fullerton, failed to timely file his Assuming Office Statement of Economic Interests covering the period of March 19, 2014 through March 19, 2015, in violation of Government Code Section 87300 (1 count). Fine:
$200.

David Fonseca, a Building Inspector with the City of Los Angeles, failed to timely file an Annual Statement of Economic Interests for the year of 2014, in violation of Government Code Section 87300 (1 count). Fine: $200.

Simon Pastucha, a Senior City Planner with the City of Los Angeles, failed to timely file an Annual Statement of Economic Interests for the year of 2014, in violation of Government Code Section 87300 (1 count). Fine: $200.

Nikki Mark, a member of the Commission on the Status of Women with the City of Los Angeles, failed to timely file an Annual Statement of Economic Interests for the year of 2014, in violation of Government Code Section 87300 (1 count). Fine: $200.

Mary Marcus, a Civil Engineer with the City of Los Angeles, failed to timely file an Annual Statement of Economic Interests for the year of 2014, in violation of Government Code Section 87300 (1 count). Fine: $200.

David Bessey, an Investment/Money Manager Consultant with the Los Angeles City Employees’ 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.

John Edson, Director of the Deer Creek Irrigation District for the County of Tehama, failed to timely file an Annual Statement of Economic Interests for the year of 2011, in violation of Government Code Section 87300 (1 count). Fine: $200.

Annual Fee

Valentin Amezquita is a member of the Huntington Park City Council. Valentin Amezquita for City Council 2013, a local candidate controlled committee, and Amezquita failed to pay the 2014 $50 annual fee to the Secretary of State’s Office, in violation of Government Code Section 84101.5. Fine: $200.