FPPC Enforcement Decisions, November 16, 2017

FOR IMMEDIATE RELEASE                            

November 16, 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, November 16, 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 November 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.

Conflicts of Interest/Gift Non-Reporting 

Eric Mar, a former San Francisco County Supervisor, failed to disclose gifts from the concert promoter on his 2011-2015 Annual Statements of Economic Interests, in violation of Government Code Section 87203 and 87207, subdivision (a) (5 counts). Mar sponsored and voted in favor of a resolution before the San Francisco Board of Supervisors to extend a permit for a concert on county property when he had received gifts that exceeded the state gift limit from the concert promoter within 12 months of the decisions, in violation of Government Code Section 87100 (1 count). The proposed settlement in this case was prepared in coordination with the San Francisco Ethics Commission, which imposed a penalty at its October 2017 meeting of $16,690.50 against Mar for violating a local San Francisco ordinance prohibiting public officials from receiving gifts of more than $25 from persons who contract with the official’s agency. The gifts in the San Francisco Ethics Commission action were the same gifts at issue in this case. Fine: $9,500.

Campaign Non-Filer

Glenn Miller was an unsuccessful candidate in the June 3, 2014 Primary Election. Committee to Elect Glenn Miller to State Senate 2014 was his candidate-controlled committee. Steffani Miller was the Committee’s treasurer. The Committee, Miller, and Miller failed to timely file twenty 24-Hour Reports, in violation of Government Code Section 84203 (20 counts). Fine: $4,825

Janice Keating was a unsuccessful candidate for the California State Assembly, District 25, in the June 8, 2010 Primary Election. Janice Keating for Assembly 2010 is her candidate-controlled committee. Jeff Perine is the Committee’s treasurer. The Committee, Keating, and Perine failed to timely file five semiannual campaign statements covering the reporting period of July 1, 2014 to December 31, 2016 electronically, in violation of Government Code Section 84200, subdivision (a) and 84605, subdivision (a)(1) (5 counts). Fine: $4,001.  

Ronald E. Gillis was a successful candidate for Santa Clarita Community College District Board of Trustees in the November 4, 2003 General Election. Committee to Elect Ron Gillis was his candidate-controlled committee. The Committee and Gillis failed to timely file four semiannual campaign statements covering the reporting period of July 1, 2015 through July 31, 2017, in violation of Government Code Section 84200, subdivision (a) (2 counts). Fine: $4,000. 

This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. AFT College Guild – Los Angeles is a state general purpose committee. Velma J. Butler is the Committee’s treasurer. The Committee and Butler failed to timely file three 24-Hour Reports by their respective due dates, in violation of Government Code Section 84203 (3 counts); and failed to timely file one pre-election campaign statement for the reporting period of January 1, 2014 through May 17, 2014, in violation of Government Code Section 84200.5 (1 count). Fine: $965. 

Graciela Patino was an unsuccessful candidate for the Inglewood Unified School District Board of Education in the June 16, 2015 Primary Election. Patino for School Board 2015 was her candidate-controlled committee. The Committee and Patino failed to timely file two semiannual campaign statements covering the reporting periods of May 31, 2015 to December 31, 2015, in violation of Government Code Section 84200, subdivision (a) (2 counts); and two 24-Hour Reports, in violation of Government Code Section 84203 (2 counts). Fine: $894. 

Ben Drake was a successful candidate for Director of the Rancho California Water District in the August 29, 2017 Special Election. Committee to Re-Elect Ben Drake to Rancho California Water District 2017 is his candidate-controlled committee. Kathleen Hammond is the Committee’s treasurer. The Committee and Hammond failed to timely file one pre-election campaign statement for the reporting period of July 16, 2017 through August 12, 2017, in violation of Government Code Section 84200.5 (1 count), and two 24-Hour Reports, in violation of Government Code Section 84203 (2 counts). Fine: $700. 

David Miller was the unsuccessful candidate for the CalPERS Board of Administration in the September 29, 2014 CalPERS election. David Miller for CalPERS 2014 was his candidate-controlled committee. The Committee and Miller failed to timely file one pre-election statement for the reporting period of August 25, 2014 to September 24, 2014 in violation of Government Code Section 84200.9 (1 count). Fine: $446. 

Dennis Tankersley was a successful candidate in November 8, 2016 General Election. Tankersley 2016 Election Committee, Tankersley for San Gorgonio Memorial Healthcare District was his candidate-controlled committee. The Committee and Tankersley failed to timely file one pre-election statement covering the reporting period of January 1, 2016 through September 24, 2016, in violation of Government Code Section 84200.5. (1 count), and failed to timely disclose expenditures on the pre-election statement covering the reporting period of January 1, 2016 through October 22, 2016, in violation of Government Code Section 84211 subdivisions (k) (1 count). Fine: $407. 

This matter arose from an audit preformed by the Franchise Tax Board’s Political Reform Audit Program. Edward “Ted” M. Gaines was a successful candidate for Senator in the November 6, 2012 General Election. Committee for Economic Growth Controlled by Senator Gaines was his candidate-controlled committee in opposition of Proposition 45 on the November 4, 2014 General Election Ballot. The Committee, Lawler, and Price failed to timely file one 24-Hour Report, in violation of Government Code Section 84203 (1 count). Fine: $300. 

Jose Rodriguez was an unsuccessful City Council Candidate for National City in the November 8, 2016 General Election. Rodriguez for City Council 2016 is his candidate-controlled committee. Sandra Rodriguez is the Committee’s treasurer. The Committee and Rodriguez 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: $211.

Campaign Non-Reporting 

JOBSPAC, A BI-PARTISAN COALITION OF CALIFORNIA EMPLOYERS is a state general purpose committee. In 2012, the Committee failed to timely disclose making in-kind contributions on the pre-election campaign statement covering the reporting period of July 1, 2012 through September 30, 2012; and on the semiannual campaign statement covering the reporting period of October 21, 2012 through December 31, 2012, in violation of Government Code Section 84211 subdivisions (b), (i), and (k) (2 counts). Fine:  $5,000. 

Committee Against Measure Z was a primarily formed committee to oppose a Measure Z in the City of Mammoth Lakes on the October 6, 2015 Special Election. Tim Flynn and Nicole Godoy were the Committee’s treasurers. The Committee, Flynn, and Godoy failed to timely file one pre-election statement for the reporting period of August 23, 2015 to September 19, 2015, in violation of Government Code Section 84200.5 (1 count); failed to timely disclose receiving $3,284 in contributions on the semiannual campaign statement covering the reporting period of September 20, 2015 to December 31, 2015, in violation of Government Code Section 84211 (1 count), and failed to timely file a 24-Hour Report, in violation of Government Code Section 84203 (1 count). Fine: $677.  

Christian Legaspi was an unsuccessful candidate for Imperial County Public Administrator in the June 3, 2014 Primary Election. Committee to Elect Christian Legaspi for Public Administrator 2014 is his candidate-controlled committee. The Committee and Legaspi failed to timely disclose contributions and expenditures on two pre-election campaign statements covering the reporting periods of January 1, 2014 through June 30, 2014, in violation of Government Code Section 84211 (2 counts). Fine: $501. 

Jennifer Freemon was a successful candidate for the Glendale Unified School District Board of Education in the April 7, 2015 Special Election. Freemon for School Board was her candidate-controlled committee. Gloria Martin served as the Committee’s treasurer. The Committee, Freemon, and Martin failed to timely report contributions of $100 or more on one pre-election statement for the reporting period of February 21, 2015 to March 21, 2015 and on one semiannual statement for the reporting period of March 22, 2015 to June 30, 2015, in violation of Government Code 84211 (2 counts). Fine: $421.

Statement of Economic Interests Non-Filer 

Sandeep Grewal served as Commissioner for the City of Delano Planning Commission from July 13, 2011 through June 6, 2016. Grewal failed to timely file Annual Statements of Economic Interests for the years of 2013 and 2015, in violation of Government Code Section 87203 (2 counts). Fine: $8,000. 

Sam Ramirez failed to timely file a Leaving Office Statement of Economic Interests within thirty days of leaving his position of Delano City Councilmember on December 4, 2012, in violation of Government Code Section 87204. (1 count). Additionally, Ramirez served as a Senior Field Representative for State Assemblyman Steve Fox of the Thirty-Sixth State Assembly District from August 12, 2013 through January 2, 2015. As a designated employee, Ramirez failed to timely file a combined Annual/Leaving Office Statement of Economic Interests within thirty days of leaving office by the February 2, 2015 deadline, in violation of Government Code Section 87300 (1 count). Fine:  $7,000. 

Andrew Klompus, Consultant for the Mental Health Department of Santa Clara County, failed to timely file Annual Statements of Economic Interests for the years of 2011 through 2014 and failed to timely file a Leaving Office Statement of Economic Interests in violation of Government Code Section 87300 (5 counts). Fine: $3,000. 

Ryan Stephens, a former Planning Commissioner for the City of Grand Terrace, failed to timely file his 2014 and 2015 Annual Statements of Economic Interests, in violation of Government Section Code 87203 (2 counts) and a Leaving Office Statement of Economic Interests, in violation of Government Code Section 87204 (1 count). Fine: $600. 

Ying Ku, as a Senior Systems Analyst II of the Department of Housing and Community Investment for the City of Los Angeles, failed to timely file a 2014 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200. 

John “Tim” Scott, a Commissioner on the Rolling Hills Estates Planning Commission, failed to timely file his 2013 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Fine: $200. 

Jeffrey Davis, a former Commissioner on the Homeless Commission for the City of Berkeley, failed to timely file a Leaving Office Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200. 

Tim Almond, a Consultant for the City of San Jose, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200. 

Christopher Decareau, a Consultant for the City of San Jose, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200. 

Daniel Fiorio, an Alternate Commissioner of the California Pepper Commission, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200. 

Travis Gibbs, as Legal Counsel for the Transbay Join Powers Authority, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200. 

Teresa Holoman, Board Member of the Voting Modernization Board, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200. 

Carl Schuster, as a Commissioner of the California Travel & Tourism Commission d.b.a Visit California, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200. 

Carole Goldsmith, as a former Board Member of the California Partnership for the San Joaquin Valley, failed to timely file a 2016 Annual Statement of Economic Interest, in violation of Government Code Section 87300 (1 count). Fine: $200. 

Alison Bernstein, as a Commissioner of the Police Review Commission for the City of Berkeley, failed to timely file a Leaving Office Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200. 

William Hofferber, as a Planning Commissioner of the City of Jurpua Valley, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Fine: $200.

Statement of Economic Interests Non-Reporter 

Timothy O’Donnell, as City Manager for the City of Brea, failed to disclose Cadway, Inc. as a source of income of $500 or more on his 2011-2014 Annual Statements of Economic Interests and on his Leaving Office Statement of Economic Interests, in violation of Government Code Section 87207 (5 counts). Fine: $500.