FPPC Enforcement Decisions, June 18, 2020
FOR IMMEDIATE RELEASE
June 18, 2020
For More Information Contact:
Jay Wierenga (916) 322-7761
Additional information on each of the enforcement cases listed below can be found in the June 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, June 18, 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.
Conflict of Interest
In the Matter of Leticia Perez; FPPC No. 19/960. Staff: Bridgette Castillo, Senior Commission Counsel and Lance Hachigian, Special Investigator. This case is part of a plea agreement with the Kern County District Attorney’s Office. The respondent was represented by H.A. Sala, Attorney at Law. Leticia Perez has been a member of the Kern County Board of Supervisors since 2013. As a member of the Board, Perez participated in discussions and voted against a ban on the sale of cannabis and cannabis related products on October 24, 2017, in which she knew or had reason to know of a material financial effect on a source of her income, in violation of Government Code Section 87100 (1 count). Fine: $4,000.
Advertisements/Mass Mailings
In the Matter of Committee for College of the Canyons - Yes on Measure E and Robert McCarty; FPPC No. 17/287. Staff: Ruth Yang, Commission Counsel. Robert McCarty was represented by Lacey Keys of Olson Remcho. Committee for College of the Canyons - Yes on Measure E was a local primarily formed committee. Robert McCarty was the Committee’s treasurer and principal officer. The Committee and McCarty failed to comply with advertisement disclosure requirements, in violation of Government Code Sections 84503, subdivision (a), and Regulation 18450.4, subdivision (b) (1 count); failed to timely file two semiannual campaign statements and one pre-election campaign statement, in violation of Government Code Sections 84200, 84200.5, and 84200.8 (1 count); failed to timely file 17 24-Hour Reports, in violation of Government Code Section 84203 (1 count); and failed to provide sufficient notice to 16 potential major donor committees, in violation of Government Code Section 84105 and Regulation 18427.1 (1 count). Fine: $9,000.
In the Matter of Placer County Impact Republicans PAC and George E. Park Jr; FPPC No. 16/19865. Staff: Jenna Rinehart, Commission Counsel and Paul Rasey, Special Investigator. Placer County Impact Republicans PAC is a local general purpose committee. George E. Park was the Committee’s treasurer at the time these violations occurred. The Committee and Park failed to timely file an amended statement of organization to report its sponsorship and to include the sponsor’s name in the Committee’s name, in violation of Government Code Section 84103 (1 count); failed to timely file three 24-Hour Reports, in violation of Government Code Section 84204 (1 count); failed to include a disclosure statement and the required “not authorized” statement on the Committee’s Facebook profile, in violation of Government Code Section 84504.3 (1 count); and failed to include the required “not authorized” statement on five separate mass mailings that supported and opposed candidates, in violation of Government Code Section 84506.5 (1 count). Fine: $8,000.
In the Matter of Job Creators for a Strong Economy, opposed to Nathan Fletcher for Supervisor 2018, sponsored by The Lincoln Club of San Diego County and Brian Pepin; FPPC No. 18/320. Staff: Ruth Yang, Commission Counsel and Lance Hachigian, Special Investigator. Job Creators for a Strong Economy, opposed to Nathan Fletcher for Supervisor 2018, sponsored by The Lincoln Club of San Diego County was a local primarily formed committee. Brian Pepin was the Committee’s principal officer. The Committee and Pepin failed to print “Paid for by,” to disclose the name of the Committee, and to include the “not authorized” disclaimer on a print advertisement, in violation of Government Code Sections 84502, subdivision (a)(1), 84504.2, subdivision (a), and 84506.5 (1 count). Fine: $2,500.
Campaign Late Filer
In the Matter of Albert Robles for Carson City Council 2013 and Albert Robles; FPPC No. 17/1164. Staff: Christopher Burton, Senior Commission Counsel and Lance Hachigian, Special Investigator. Albert Robles was a successful candidate for Carson City Council in the March 5, 2013 General Municipal Election. Albert Robles for Carson City Council 2013 was his candidate-controlled committee. The Committee and Robles failed to timely file three semiannual campaign statements, in violation of Government Code Section 84200 (2 counts). Fine: $2,250.
In the Matter of Pandya for Mayor 2018 and Amit Pandya; FPPC No. 19/870. Staff: Jenna C. Rinehart, Commission Counsel. Amit Pandya was an unsuccessful candidate for Mayor of Salinas in the November 6, 2018 General Election. Pandya for Mayor 2018 was his candidate-controlled committee. The Committee and Pandya failed to timely file two semiannual campaign statements, in violation of Government Code Section 84200 (1 count). Fine: $2,000.
In the Matter of Committee to Elect Liz Ames for BART Board Director District 6 2018, Liz Ames, and Catherine Keesee, FPPC No. 18/1240. Staff: Megan A. Van Arsdale, Commission Counsel. Liz Ames was a successful candidate for BART Board Director of District 6 in the November 6, 2018 General Election. Committee to Elect Liz Ames for BART Board Director District 6 2018 was her candidate-controlled committee. Catherine Keesee was the Committee’s treasurer. The Committee, Ames, and Keesee failed to timely file a pre-election campaign statement and four 24-Hour Reports, in violation of Government Code Sections 84200.5 and 84203 (1 count). Fine: $2,000.
Campaign Late Filer/Reporter
In the Matter of Orange County Dignity PAC, sponsored by Orange County Federation of Labor AFL-CIO; FPPC No. 18/063. Staff: Angela Brereton, Assistant Chief Counsel and Luz Bonetti, Supervising Management Auditor. This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. The respondent was represented by Kaufman Legal Group. Orange County Dignity PAC sponsored by Orange County Federation of Labor AFL-CIO is a state general purpose committee. The Committee failed to timely report expenditures on six 24-Hour Reports between September 30, 2014 and October 16, 2014, in violation of Government Code Section 84204 (1 count); and failed to timely report expenditures on twelve other 24-Hour Reports between May 28, 2014 and November 5, 2014, in violation of Government Code Section 84204 (1 count). The Committee also failed to timely report a late contribution in a 24-Hour Report, in violation of Government Code Section 84203 (1 count). Fine: $7,000.
In the Matter of We are California, a Sponsored Committee of Mobilize the Immigrant Vote Action Fund and Aparna Shah; FPPC No. 19/872. Staff: Jenna C. Rinehart, Commission Counsel. This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. We are California, a Sponsored Committee of Mobilize the Immigrant Vote Action Fund is a state general purpose committee. Aparna Shah was the Committee’s treasurer at the time these violations occurred. The Committee and Shah failed to timely report required subvendor information for expenditures for the printing and mailing of a Voter Guide on or around October 4, 2016, in violation of Government Code Sections 84211, subdivision (k), and 84303 (1 count). Fine: $1,500.
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 June 18, 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.
Campaign Late Filer
In the Matter of Democratic Headquarters of the West San Gabriel Valley, Jeff Schwartz, and Joan Jones Holtz; FPPC No. 20/1184. Staff: Galena West, Chief of Enforcement and Dominika Wojenska, Associate Governmental Program Analyst. Democratic Headquarters of the West San Gabriel Valley is a state general purpose committee. Jeff Schwartz is the Committee’s treasurer and Joan Jones Holtz was the Committee’s previous treasurer. The Committee, Schwartz, and Holtz failed to timely file four semiannual campaign statements, in violation of Government Code Section 84200 (4 counts). Fine: $865.
In the Matter of Pajaro Valley Cesar Chavez Democratic Club and Anthony Tapiz; FPPC No. 18/1363. Staff: Galena West, Chief of Enforcement and Tara Stock, Intake Manager. Pajaro Valley Cesar Chavez Democratic Club is a state general purpose committee. Anthony Tapiz is the Committee’s Treasurer. The Committee and Tapiz failed to timely file two semiannual campaign statements, in violation of Government Code Section 84200 (2 counts), and failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $696.
In the Matter of Melissa Bourbonnais for Supervisor 2020 and Melissa Bourbonnais; FPPC No. 20/250. Staff: Galena West, Chief of Enforcement and Dominika Wojenska, Associate Governmental Program Analyst. Melissa Bourbonnais was an unsuccessful candidate for Riverside County Supervisor in the March 3, 2020 Primary Election. Melissa Bourbonnais for Supervisor 2020 is her candidate-controlled committee. The Committee and Bourbonnais failed to timely file two pre-election campaign statements, in violation of Government Code Section 84200.5 (2 counts). Fine: $615.
In the Matter of Neighbors for Ruben Navarro City Council District 6 2020 and Ruben Navarro; FPPC No. 20/104. Staff: Galena West, Chief of Enforcement and Dominika Wojenska, Associate Governmental Program Analyst. Ruben Navarro was an unsuccessful candidate for San Jose City Council in the March 3, 2020 Primary Election. Neighbors for Ruben Navarro City Council District 6 2020 is his candidate-controlled committee. The Committee and Navarro failed to timely file two pre-election campaign statements, in violation of Government Code Section 84200.5 (2 counts). Fine: $454.
In the Matter of Karen S. Nowicki; FPPC No. 18/1387. Staff: Galena West, Chief of Enforcement and Dominika Wojenska, Associate Governmental Program Analyst. Karen S. Nowicki was a successful candidate for Hermosa Beach City Treasurer in the November 3, 2015 General Election and November 5, 2019 General Election. Nowicki failed to timely file an officeholder and candidate campaign statement short form, in violation of Government Code Section 84206 (1 count). Fine: $200.
Campaign Late Reporter
In the Matter of Armendarez for Supervisor 2020, Jesse Armendarez, and Stephen Dunn; FPPC No. 20/365. Staff: Jenna C. Rinehart, Commission Counsel and Luz Bonetti, Supervising Management Auditor. Jesse Armendarez was a successful candidate for District 5 San Bernardino County Board of Supervisors in the March 3, 2020 Primary Election. Armendarez for Supervisor 2020 is his candidate-controlled committee. Stephen Dunn was the Committee’s treasurer. The Committee, Armendarez, and Dunn failed to report contributions received to individual contributors on a semiannual campaign statement, in violation of Government Code Section 84211 and the San Bernardino County Ordinance Section 12.4310 (1 count). Fine: $410.