FPPC Enforcement Decisions, October 18, 2018
FOR IMMEDIATE RELEASE
October 18, 2018
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, October 18, 2018. 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 October 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.
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In the Matter of Bluff Cove Homeowners’ Association Measure E Opposition Committee, Jennifer Hope, and Robert L. Chapman, Jr.; FPPC No. 18/188. Staff: Senior Commission Counsel Christopher Burton and Special Investigator Paul Rasey. Bluff Cove Homeowners’ Association Measure E Opposition Committee is a primarily formed ballot measure committee created to oppose Palos Verdes Estates Measure E, which appeared on the ballot in the April 10, 2018 Special Election. Jennifer Hope is the Committee’s principal officer and Robert L. Chapman is the Committee’s treasurer. The Committee, Hope, and Chapman 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); the Committee and Hope also failed to include the name of the Committee and required “Paid for by” phrase on five mailer advertisements, in violation of Government Code Sections 84502 and 84504.2, subdivision (a) (1 count). Fine: $3,500.
Campaign Non-Filer
In the Matter of Eric Swanson for Hesperia School Board 2014, Eric Swanson, and Rebekah Swanson; FPPC No. 16/133 (Streamline Settlement). Staff: Commission Counsel Ruth Yang and Associate Governmental Program Analyst Dominika Wojenska. Eric Swanson was a successful candidate for the Hesperia Unified School District Board in 2014. Eric Swanson for Hesperia School Board 2014 was his candidate-controlled committee. Rebekah Swanson was the Committee’s treasurer. The Committee, Mr. Swanson, and Mrs. Swanson failed to timely file five semi-annual campaign statements for the reporting period of October 19, 2014 through December 31, 2016, in violation of Government Code section 84200 (5 counts). Fine: $1,045.
In the Matter of Committee to Elect Brent A. Fernandes to MUSD Trustee Area 7 2014 and Brent A. Fernandes; FPPC No. 17/646 (Streamline Settlement). Staff: Commission Counsel Theresa Gilbertson and Associate Governmental Program Analyst Dominika Wojenska. Brent A. Fernandes was a successful candidate for Board Member of Trustee Area 7 for Madera Unified School District, where he presently serves. The Committee and Fernandes failed to timely file a 24-hour report for a late contribution received on October 8, 2014, in violation of Government Code 84203 (1 count); failed to timely file a pre-election statement for the period of October 1, 2014 through October 18, 2014, in violation of Government Code 84200.5 (1 count); and also failed to timely file two semiannual campaign statements for the reporting periods ending December 31, 2014 and June 30, 2014 in violation of Government Code 84200 (2 counts). Fine: $837
In the Matter of Perrin Swanlund for Assembly 2016 and Perrin Swanlund; FPPC No. 17/720 (Streamline Settlement). Staff: Commission Counsel Ruth Yang and Law Clerk Savannah Weil-Dye. Perrin Swanlund was an unsuccessful candidate for the California State Assembly District 34 in 2016. Perrin Swanlund for Assembly 2016 was his candidate-controlled committee. The Committee and Swanlund failed to timely file two pre-election campaign statements for the reporting periods of July 1, 2016 through September 24, 2016 and September 25, 2016 through October 22, 2016, in violation of Government Code section 84200.5 (2 counts); and two semi-annual campaign statements for the reporting periods of May 22, 2016 through June 30, 2016 and October 23, 2016 through December 31, 2016, in violation of Government Code section 84200 (2 counts). Fine: $819.
In the Matter of Beebe for Trustee, Marie Beebe, and Dennis Beebe; FPPC No. 17/158 (Streamline Settlement). Staff: Commission Counsel Ruth Yang. Dennis Beebe was a successful candidate for the Kern Community College District Board for Area 3 in 2016. Beebe for Trustee is his candidate-controlled committee. Marie Beebe is the Committee’s treasurer. The Committee, Mrs. Beebe, and Mr. Beebe failed to timely file two pre-election campaign statements for the reporting periods of July 1, 2016 through September 24, 2016 and September 25, 2016 through October 22, 2016, in violation of Government Code section 84200.5 (2 counts). The Committee also failed to timely file one semi-annual campaign statement for the reporting period of October 23, 2016 through December 31, 2016, in violation of Government Code section 84200 (1 count). Fine: $600.
In the Matter of Miguel Garcia for Sheriff 2018 and Miguel Garcia; FPPC No. 18/625 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chris Holm. Miguel Garcia was an unsuccessful candidate for Riverside County Sheriff in the June 5, 2018 Primary Election. Miguel Garcia for Sheriff 2018 is his candidate-controlled committee. The Committee and Garcia failed to timely file two pre-election campaign statements for the reporting periods of January 1, 2018 through April 21, 2018, and April 22, 2018 through May 19, 2018, in violation of Government Code Section 84200.5 (2 counts). Fine: $586.
In the Matter of Alan Cade Jr. for Auditor Controller 2018 and Alan Cade Jr.; FPPC No. 18/593 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chris Holm. Alan Cade Jr. was an unsuccessful candidate for Auditor Controller of Fresno in the June 5, 2018 Primary Election. Alan Cade Jr. for Auditor Controller 2018 is his candidate-controlled committee. Cade and the Committee failed to timely file one pre-election campaign statement for the reporting period of April 22, 2018 through May 19, 2018, in violation of Government Code Section 84200.5 (1 count). Fine: $215.
Campaign Reporting
In the Matter of Watchdog for San Clemente Responsible Govt – A Committee Formed to Oppose Dan Bane and Steve Swartz for City Council 2016 and Jeri L. Mann; FPPC No. 16/19833 (Streamline Settlement). Staff: Senior Commission Counsel Christopher Burton and Special Investigator Jeffrey Kamigaki. Watchdog for San Clemente Responsible Govt is a committee primarily formed to oppose Dan Bane and Steve Swartz, candidates for the San Clemente City Council in the November 8, 2016 General Election. Jeri L. Mann is the Committee’s treasurer. The Committee and Mann failed to timely file a 24-hour report for a $10,000 loan, in violation of Government Code Section 84203 (1 count); and failed to timely report an expenditure on a semiannual campaign statement, in violation of Government Code Section 84211, subdivision (k) (1 count). Fine: $510.
In the Matter of Calexico Police Officers Association PAC and Miguel Carbajal, FPPC No. 17/589 (Streamline Settlement). Staff: Commission Counsel Theresa Gilbertson. Calexico Police Officers Association PAC was a local general purpose committee that contributed to a Calexico City Council candidate in the November 8, 2016 General Election. Miguel Carbajal was the Committee’s treasurer. The Committee and Carbajal failed to timely file a 24-hour report on October 27, 2016, in violation of Government Code Section 84203. The Committee also failed to report an expenditure on a semiannual campaign statement, in violation of Government Code Section 84211 (2 counts). Fine: $494.
Statement of Economic Interest Non-Filers
In the Matter of Travis Norton; FPPC No. 18/761 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chris Holm. Travis Norton, a City of Oceanside Police Lieutenant, failed to timely file an Assuming Office Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.
Default Proceedings
In the Matter of Violeta Alvarez, Re-Elect Violeta Alvarez for Bell City Council 2015 and Mario Estrada; FPPC No. 15/150. Staff: Senior Commission Council Angela J. Brereton, Special Investigator Marshall Miller, Associate Governmental Program Analyst Dominika Wojenska, and Law Clerk Savannah Weil-Dye. Violeta Alvarez was an unsuccessful incumbent candidate for the Bell City Council in the March 3, 2015 Special Election. Re-Elect Violeta Alvarez for City Council 2015 was her candidate-controlled committee. Mario Estrada was the Committee’s treasurer. The Committee, Alvarez, and Estrada failed to timely report all contributions and expenditures and failed to disclose required contributor and payee information on originally filed and amended campaign statements for the reporting periods of January 1, 2014 through December 31, 2015, in violation of Government Code Section 84211, subdivisions (a), (b), (c), (d), (f), (i), j, and (k) (1 count). The Committee, Alvarez, and Estrada also received and made cash contributions and expenditures of $100 or more, in violation of Government Code Section 84300, subdivisions (a) and (b) (1 count), and failed to maintain supporting records for contributions and expenditures, in violation of Government Code Section 84104 (1 count). Fine: $5,500.