FPPC Enforcement Decisions, February 20, 2020

FOR IMMEDIATE RELEASE                            

February 20, 2020

For More Information Contact:

Jay Wierenga (916) 322-7761

.pdf version of news release

Additional information on each of the enforcement cases listed below can be found in the February 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.

I. The following are enforcement decisions approved by the Fair Political Practices Commission at its regular monthly meeting held on Thursday, February 20, 2020. Decisions are listed by category and include a brief summary of each case and the total amount of any administrative fine in each case.

Advertisements and Campaign Bank Account

In the Matter of Anthony Araiza for West Valley Water District 2017 and Anthony Araiza, FPPC No. 17/1218. Staff: Theresa Gilbertson, Commission Counsel and Roone Petersen, Special Investigator. The respondent was represented by Barry Groveman of Groveman Hiete LLP. Anthony Araiza was an unsuccessful candidate for West Valley Water District Board during a local consolidated election held on November 7, 2017. Anthony Araiza for West Valley Water District 2017 was his candidate-controlled committee. The Committee and Araiza distributed two mass mailings without disclosing the Committee as the true sender, in violation of Government Code Section 84305 (2 counts). The Committee and Araiza also failed to deposit a personal contribution and failed to make an expenditure from the designated campaign bank account, in violation of Government Code Section 85201 (1 count). Fine: $14,500.

Advertisements and Campaign Late Reporter

In the Matter of Glendale Voters for Good Government, Supporting Najarian for City Council 2017, Shawnda Deane, and Daniel Brumer; FPPC No. 17/1470. Staff: Theresa Gilbertson, Commission Counsel and Marshall Miller, Special Investigator. The respondent Shawnda Deane was represented by Nick Warshaw of Olson Remcho. Glendale Voters for Good Government, Supporting Najarian for City Council 2017 was a local primarily formed committee, sponsored by Southland Transit, Inc., supporting Ara Najarian for Glendale City Council in the April 4, 2017 Municipal Election. Shawnda Deane was the Committee’s treasurer and Daniel Brumer was the Committee’s principal officer. The Committee and Deane failed to timely report expenditures on a 24-Hour Report, in violation of Government Code Section 84204 (1 count), and failed to identify the sponsor in the disclosure statement on mass mailings sent prior to the election, in violation of Government Code Section 84106 and 84305, subdivisions (a) and (b) (1 count). Fine: $5,000.

Campaign Late Filer

In the Matter of Campaign for Kids – Yes on Measure I and Ruben Frutos; FPPC No. 17/281. Staff: Ruth Yang, Commission Counsel. Campaign for Kids – Yes on Measure I was a local primarily formed committee that supported the passage of Measure I, a bond measure for the Paramount Unified School District. Ruben Frutos was the Committee’s treasurer. The Committee and Frutos failed to timely file a pre-election and semiannual campaign statement, in violation of Government Code Sections 84200, 84200.5, subdivision (a), and 84200.8 (1 count), and failed to timely file seventeen 24-Hour Reports, in violation of Government Code Sections 84203 and 84204 (1 count). Fine: $7,000.

In the Matter of Dan Medina for Gardena Mayor 2017, Dan Medina, and Susana Weltz Medina; FPPC No. 15/2256. Staff: Theresa Gilbertson, Commission Counsel and Roone Petersen, Special Investigator. Dan Medina was an unsuccessful candidate for Mayor of Gardena in the March 7, 2017 Mayoral Election. Dan Medina for Gardena Mayor 2017 was his candidate-controlled committee. Susana Weltz Medina was the Committee’s treasurer. The Committee, Medina, and Weltz Medina failed to timely file three semiannual campaign statements and a pre-election campaign statement, in violation of Government Code Sections 84200 and 84200.5 (1 count). The Committee, Medina, and Weltz Medina also failed to timely file seven 24-Hour Reports, in violation of Government Code Section 84203 (1 count). Fine: $4,000.

In the Matter of Xilonin Cruz-Gonzalez for School Board 2013, Xilonin Cruz-Gonzalez, and IxChel Cruz-Gonzalez; FPPC No. 17/268. Staff: Ruth Yang, Commission Counsel. Xilonin Cruz-Gonzalez has been elected into office as a member of the Azusa Unified School District’s Board of Education since 2001, and currently serves as the President of the Board. Xilonin Cruz-Gonzalez for School Board 2013 was her candidate-controlled committee. IxChel Cruz-Gonzalez was the Committee’s treasurer. The Committee, Xilonin Cruz-Gonzalez, and IxChel Cruz-Gonzalez failed to timely file two semiannual campaign statements, in violation of Government Code section 84200 (2 counts). Fine: $2,000.

In the Matter of Timothy Miguel for Salinas Valley Memorial Healthcare System Zone 5 2018, Timothy Miguel, and Ivan Ibarra; FPPC No. 19/514. Staff: Jenna C. Rinehart, Commission Counsel. Timothy Miguel was an unsuccessful candidate for Director of Zone 5 for Salinas Valley Memorial Healthcare System in the November 6, 2018 General Election. Timothy Miguel for Salinas Valley Memorial Healthcare System Zone 5 2018 was his candidate-controlled committee. Ivan Ibarra is the Committee’s treasurer. The Committee, Miguel, and Ibarra failed to timely file a 24-Hour Report, in violation of Government Code Section 84203 (1 count). Fine: $1,500.

Campaign Late Filer and Late Reporter

In the Matter of Standing Committee on Political Education of the California Labor Federation, AFL-CIO and Art Pulaski; FPPC No. 18/145. Staff: Theresa Gilbertson, Commission Counsel and Paul Rasey, Special Investigator. This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. The respondents were represented by Emily Andrews of Olson Remcho, LLP. Standing Committee on Political Education of the California Labor Federation, AFL-CIO is a sponsored state general purpose committee. Art Pulaski is the Committee’s treasurer. The Committee and Pulaski failed to timely file three 24-Hour Reports, in violation of Section 84203 (1 count); failed to disclose an accurate cash balance on five campaign statements, in violation of Government Code Section 84211, subdivision (e) (1 count); and failed to report contributions on two campaign statements, in violation of Government Code Section 84211, subdivisions (a), (c), (d), (e), and (f) (1 count). Fine: $8,500.

In the Matter of Scott Kwong for San Marino City Council 2015 and Scott Kwong; FPPC No. 16/760. Staff:  Michael W. Hamilton, Commission Counsel and Garrett Micheels, Special Investigator. Scott Kwong was an unsuccessful candidate for San Marino City Council in the November 3, 2015 General Election. Scott Kwong for San Marino City Council 2015 was his candidate-controlled committee. The Committee and Kwong failed to timely file nine 24-Hour Reports, in violation of Government Code Section 84203 (2 counts) and failed to timely and correctly report expenditures, in violation of Government Code Section 84211 (1 count). Fine:  $5,000.

In the Matter of Family Farmers Working for a Better California, Sponsored by Western Growers Association, Matt McInerney, and Ward Kennedy; FPPC No. 19/699. Staff: Christopher Burton, Senior Commission Counsel and Lance Hachigian, Special Investigator. This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. Family Farmers Working for a Better California, Sponsored by Western Growers Association is a sponsored state general purpose committee. Ward Kennedy was the Committee’s treasurer and Matt McInerney was the Committee’s principal officer at the time of these violations. The Committee, McInerney, and Kennedy failed to timely report contributions on a 24-Hour Report, in violation of Government Code Section 84204, subdivision (b) (1 count) and failed to timely report subvendor payments on a semiannual campaign statement, in violation of Government Code Sections 84303 and 84211 (1 count). Fine: $3,500.

Statement of Economic Interests Late Reporter

In the Matter of James Larry Minor; FPPC No. 16/697. Staff: Angela Brereton, Assistant Chief Counsel and Lance Hachigian, Special Investigator. James Larry Minor, a board member for Lake Hemet Municipal Water District and Valley-Wide Recreation and Park District, failed to fully disclose interests in real property on his 2015, 2016 and 2017 Annual Statements of Economic Interest under both districts, as well as on his 2018 Annual for the Water District, and on his Leaving Office for the Park District, in violation of Government Code Sections 87206 and 87207 (8 counts). Fine: $16,000.

II. The following are enforcement decisions approved through the streamline penalty process and were executed by the Chief of Enforcement per Regulation 18360.2 following the February 20, 2020 meeting. Decisions are listed by category and include a brief summary of each case and the total amount of any administrative fine in each case.

 

Advertisements

In the Matter of Josie Gonzalez for Coachella City Council 2018 and Josie Gonzalez; FPPC No. 19/140. Staff: Chief of Enforcement, Galena West and Political Reform Consultant, Chloe Hackert. Josie Gonzalez was a successful candidate for Coachella City Council in the November 6, 2018 General Election. Josie Gonzalez for Coachella City Council 2018 was her candidate-controlled committee. The Committee and Gonzalez failed to include the proper advertisement disclosures on a radio advertisement purchased by the Committee prior to the election, in violation of Government Code Section 84502 (1 count). Fine: $130.

In the Matter of Cypress Supports Schools - Committee for Measure M and Debra Parker; FPPC No. 19/1094. Staff: Galena West, Chief of Enforcement and Dominika Wojenska, Associate Governmental Program Analyst. Cypress Supports Schools - Committee for Measure M is a local primarily formed committee. Debra Parker is the Committee’s treasurer. The Committee and Parker failed to include the proper advertisement disclosure on a mailer distributed prior to the November 6, 2018 General Election, in violation of Government Code Section 84502 (1 count). Fine: $115.

Campaign Late Filer

In the Matter of Friends of Gary Hardie, Jr. for Lynwood Schools 2015 and Gary Hardie, Jr.; FPPC No. 17/263. Staff: Ruth Yang, Commission Counsel and Roone Petersen, Special Investigator. The respondents were represented by Michael Zweiback of Zweiback, Fiset & Coleman, LLP. Gary Hardie, Jr. was a successful candidate for Lynwood Unified School District Board of Education in the November 3, 2015 General Election. Friends of Gary Hardie, Jr. for Lynwood Schools 2015 is his candidate-controlled committee. The Committee and Hardie failed to timely file three semiannual campaign statements, in violation of Government Code Section 84200 (3 counts) and two 24-Hour Reports, in violation of Government Code Section 84203 (2 counts). Fine: $1,150.

In the Matter of California Thoroughbred Breeders Association PAC, James Murphy, and Jason Sellnow; FPPC No. 19/871. Staff: Galena West, Chief of Enforcement and Shaina Elkin, Staff Services Analyst. This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. The California Thoroughbred Breeders Association PAC is a state general purpose committee. James Murphy and Jason Sellnow were the Committee’s treasurers at the time of these violations. The Committee, Murphy, and Sellnow failed to timely file an amendment to the Committee’s statement of organization after changing treasurers, in violation of Government Code Section 84103 (1 count) and failed to timely file four 24-Hour Reports, in violation of Government Code Section 84203 (4 counts). Fine: $1,150.

In the Matter of Citizens for Dr. Tammie Calzadillas, MUHSD Board of Trustees, Area 1, 2018, Tammie Calzadillas, and Bernie Marks; FPPC No. 18/990. Staff: Theresa Gilbertson, Commission Counsel. Tammie Calzadillas was an unsuccessful candidate for Merced Union High School District Board of Trustees in the November 6, 2018 General Election. Dr. Tammie Calzadillas, MUHSD Board of Trustees, Area 1, 2018 was her candidate-controlled committee. Bernie Marks was the Committee’s treasurer. The Committee, Calzadillas, and Marks failed to timely file two semiannual campaign statements, in violation of Government Code Section 84200 (2 counts); a pre-election campaign statement, 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: $1,118.

In the Matter of Ricardo Benitez for Assembly 2018 (Special Election) and Ricardo Benitez; FPPC No. 18/367. Staff: Galena West, Chief of Enforcement and Tara Stock, Intake Manager. Ricardo Benitez was a successful candidate for State Assembly in the April 3, 2018 Special Primary Election but was defeated in the June 5, 2018 Special General Election. Ricardo Benitez for Assembly 2018 (Special Election) was his candidate-controlled committee. The Committee and Benitez failed to timely file four pre-election campaign statements, in violation of Government Code Section 84200.5 (4 counts) and failed to timely file a 24-Hour Report, in violation of Government Code Section 84203 (1 count). Fine: $1,108.

In the Matter of 62nd Assembly District Republican Committee and Barbara Ford; FPPC No. 19/050. Staff: Galena West, Chief of Enforcement and Dominika Wojenska, Associate Governmental Program Analyst. 62nd Assembly District Republican Committee is a state general purpose committee. Barbara Ford is the Committee’s treasurer. The Committee and Ford failed to timely file two semiannual campaign statements, in violation of Government Code Section 84200 (2 counts). Fine: $438.

In the Matter of Greg Coladonato for School Board 2014 and Greg Coladonato; FPPC No. 19/005. Staff: Galena West, Chief of Enforcement and Dominika Wojenska, Associate Governmental Program Analyst. Greg Coladonato was an unsuccessful candidate for Mountain View-Whisman School District Board in the November 6, 2018 General Election. Greg Coladonato for School Board 2014 is his candidate-controlled committee. The Committee and Coladonato failed to timely file two pre-election campaign statements, in violation of Government Code Section 84200.5 (2 counts). Fine: $409.

In the Matter of Public Water Now and Mary Elizabeth McCarthy; FPPC No. 19/1550. Staff: Galena West, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Public Water Now is a local general purpose committee. Mary Elizabeth McCarthy is the Committee’s treasurer. The Committee and McCarthy failed to timely file a semiannual campaign statement, in violation of Government Code Section 84200 (1 count). Fine: $251.

In the Matter of Olsen for Grossmont-Cuyamaca Community College Board Trustee 2018 and John Olsen; FPPC No. 18/1261. Staff: Galena West, Chief of Enforcement and Tara Stock, Intake Manager. John Olsen was a successful candidate for Grossmont-Cuyamaca Community College Board in the June 5, 2018 Primary Election but was defeated in the November 6, 2018 General Election. Olsen for Grossmont-Cuyamaca Community College Board Trustee 2018 was his candidate-controlled committee. The Committee and Olsen failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $207.

Statement of Economic Interests Late Filer

In the Matter of Paul Greenway; FPPC No. 19/620. Staff: Galena West, Chief of Enforcement and Shaina Elkin, Staff Services Analyst. Paul Greenway, as an MNS Engineers, Inc. Consultant for the City of Monterey, failed to timely file a 2017 and 2018 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $400.

In the Matter of Erick Serrato; FPPC No. 18/503. Staff: Galena West, Chief of Enforcement and Cheng Saetern, Assistant Political Reform Consultant. Erick Serrato, a Workforce Development Officer for the City of Long Beach, failed to timely file a 2017 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $400.

In the Matter of Rosalyn Prickett; FPPC No. 18/710. Staff: Galena West, Chief of Enforcement and Cheng Saetern, Assistant Political Reform Consultant. Rosalyn Prickett, a Consultant for the City of Oceanside, failed to timely file a 2017 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $400.

In the Matter of Jack Gerwick; FPPC No. 19/618. Staff: Galena West, Chief of Enforcement and Shaina Elkin, Staff Services Analyst. Jack Gerwick, an Engineering Consultant for the Department of Plans and Public Works for the City of Monterey, failed to timely file a 2017 and 2018 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (2 counts). Fine: $400.

In the Matter of Maria Luquin; FPPC No. 19/632. Staff: Galena West, Chief of Enforcement and Cheng Saetern, Assistant Political Reform Consultant. Maria Luquin, a Bilingual Immersion Coordinator for Lake Tahoe Unified School District, failed to timely file a 2018 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.

In the Matter of Sherrell Freeman; FPPC No. 19/615. Staff: Galena West, Chief of Enforcement and Shaina Elkin, Staff Services Analyst. Sherrell Freeman, a Consultant for the City of Monterey, failed to timely file an Assuming Office Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.

In the Matter of Robert Smith; FPPC No. 19/1435. Staff: Galena West, Chief of Enforcement and Shaina Elkin, Staff Services Analyst. Robert Smith, a Board Member for Bridgeville Elementary School District in Humboldt County, failed to timely file an Assuming Office Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.

In the Matter of Lorena Chavez; FPPC No. 19/1446. Staff: Galena West, Chief of Enforcement and Shaina Elkin, Staff Services Analyst. Lorena Chavez, a Board Member for the California Strawberry Commission, failed to timely file a 2018 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.

In the Matter of Paul Tormey; FPPC No. 19/1368. Staff: Galena West, Chief of Enforcement and Tara Stock, Intake Manager. Paul Tormey, a Board Member for the California Travel and Tourism Commission (“Visit California”), failed to timely file an Assuming Office Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.

In the Matter of Kandi Thompson; FPPC No. 19/797. Staff: Galena West, Chief of Enforcement and Cheng Saetern, Assistant Political Reform Consultant. Kandi Thompson, a District 1 Trustee/Board Clerk for Amador County Unified School District Governing Board, failed to timely file a 2017 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.

In the Matter of Alana Cayabyab; FPPC No. 18/563. Staff: Galena West, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Alana Cayabyab, as an Assistant Principal with Lake Tahoe Unified School District, failed to timely file a 2017 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.

Statement of Economic Interests Late Reporter

In the Matter of Juana Dement; FPPC No. 18/741. Staff: Galena West, Chief of Enforcement and Tara Stock, Intake Manager. Juana Dement, as a Tracy City Councilmember, failed to timely disclose her spouse’s source of income on her Candidate, Assuming Office, and 2017 Annual Statement of Economic Interests, in violation of Government Code Section 87207 (3 counts). Proposed Penalty: $300.

In the Matter of Stephen Lam; FPPC No. 19/1600. Staff: Galena West, Chief of Enforcement, and Chloe Hackert, Political Reform Consultant. The respondent was represented by Joseph A. Guardarrama of Kaufman Legal Group. Stephen Lam, as a Monterey Park City Councilmember, failed to timely disclose a source of income on his 2015, 2016, and 2018 Annual Statements of Economic Interest, in violation of Government Code Section 87207 (3 counts). Fine: $300.