FPPC Enforcement Decisions, July 15, 2021

FOR IMMEDIATE RELEASE                            

July 15, 2021

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 July 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, July 15, 2021. 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 BluPAC and Douglas Chan; FPPC No. 16/19981. Staff: Bridgette Castillo, Senior Commission Counsel and Lance Hachigian, Special Investigator. The respondents were represented by Nick Sanders of the Sutton Law Firm. BluPAC is a non-profit civic research 501(c)(4) organization based in San Francisco, which has been renamed Response Analytics Research. Douglas Chan is the responsible officer. BluPAC became an independent expenditure committee when it paid a slate mailer organization, Citizens Economic Council, for independent expenditures to support and oppose Santa Clara City Council candidates in the November 8, 2016 General Election. BluPAC and Chan failed to timely file nine 24-hour reports, in violation of Government Code Section 84204 (1 count). Fine: $3,500.

 

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 July 15, 2021 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 and Campaign Late Filer/Reporter

In the Matter of Carson Alliance 4 Truth and Janice Schaefer; FPPC No. 16/790. Staff: Christopher Burton, Assistant Chief of Enforcement and George Aradi, Special Investigator. Carson Alliance 4 Truth is a local general purpose committee. Janice Schaefer is the Committee’s treasurer. The Committee and Schaefer failed to include the required disclosures on one mass mailing and three print advertisements in connection with a February 23, 2016 Special Election and the November 8, 2016 General Election, in violation of Government Code Sections 84305, 84506, and 84506.5 (4 counts); failed to timely file three preelection campaign statements, three semi-annual campaign statements, four 24-hour reports, and an amendment to the Committee’s statement of organization, in violation of Government Code Sections 84103, 84200, 84200.5, and 84204 (11 counts); and failed to timely report certain activity on one semi-annual campaign statement, in violation of Government Code Section 84211 (1 count). Fine: $5,599 (Tier One & Two).

In the Matter of Committee to Re-Elect John Norman SJUSD TA3 2020 and John Norman; FPPC No. 20/780. Staff: Angela Brereton, Chief of Enforcement and Dominika Wojenska, Associate Governmental Program Analyst. John Norman was an unsuccessful candidate for San Jacinto Unified School District Board in the November 3, 2020 General Election. Committee to Re-Elect John Norman SJUSD TA3 2020 was Norman’s candidate-controlled committee. The Committee and Norman failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count); failed to timely report campaign activity on a pre-election campaign statement, in violation of Government Code Section 84211 (1 count); and failed to include the proper advertisement disclosure on a mailer paid for by the Committee prior to the election, in violation of Government Code Section 84305 (1 count). Fine: $735 (Tier One & Two).

In the Matter of Uber Technologies, Inc.; FPPC No. 20/757. Staff: Christopher Burton, Assistant Chief of Enforcement. The respondent was represented by Steven S. Lucas of Nielsen Merksamer Parrinello Gross & Leoni LLP. Uber Technologies, Inc. was a major donor committee in 2020 that paid for certain advertisements supporting State Proposition 22 prior to the November 3, 2020 General Election. Uber Technologies, Inc. failed to include the proper advertisement disclosures on electronic media advertisements, in violation of Government Code Sections 84502 and 84504.3 (2 counts). Fine: $545 (Tier One).

In the Matter of Chuck Fisher for El Centro Elementary School Board 2020 and Chuck Fisher; FPPC No. 20/909. Staff: Christopher Burton, Assistant Chief of Enforcement and Alethea Perez, Special Investigator. Chuck Fisher was an unsuccessful candidate for El Centro Elementary School Board in the November 3, 2020 General Election. Chuck Fisher for El Centro Elementary School Board 2020 was Fisher’s candidate-controlled committee. The Committee and Fisher failed to include the required disclosures on one mass mailing and one electronic media advertisement, in violation of Government Code Sections 84305 and 84504.4 (2 counts). Fine: $510 (Tier One & Two).

Campaign Late Filer/Reporter

In the Matter of  Committee to Elect Tiffany Organ-Bowles Judge 2016, Tiffany Organ-Bowles, and Stephen Bowles; FPPC No. 19/372. Staff: Jenna C. Rinehart, Commission Counsel. This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. Tiffany Organ-Bowles was a successful candidate for Kern County Superior Court Judge, Office 34, in the June 7, 2016 Primary Election and the November 8, 2016 General Election. Committee to Elect Tiffany Organ-Bowles Judge 2016 was Judge Organ-Bowles’ candidate-controlled committee. Stephen Bowles was the Committee’s treasurer. The Committee, Organ-Bowles, and Bowles failed to timely file a 24-hour report, in violation of Government Code Section 84203 (1 count) and failed to timely report contributions on a semi-annual campaign statement and accrued expenses and subvendor information on two preelection campaign statements, in violation of Government Code Section 84211 (3 counts). Fine: $3,270 (Tier One & Two).

In the Matter of Solorio for City Council 2016; Solorio for College Board, RSCCD 2016; Prosperity for California, a Ballot Measure Committee Sponsored by Jose Solorio (Formerly known as Honor at Home, a Ballot Measure Committee Chaired by Community College Trustee Jose Solorio); Small Business Owners and Taxpayers for Jose Solorio for Senate 2014; and Jose Solorio; FPPC No. 18/117. Staff: Theresa Gilbertson, Senior Commission Counsel, Ann Flaherty, Special Investigator, and Patricia Ballantyne, Program Specialist. The respondents were represented by Richard Rios of Olson Remcho. Jose Solorio was a successful candidate for Santa Ana City Council in the November 8, 2016 General Election. Solorio was also a successful candidate for California State Senate, District 34 in the June 3, 2014 Primary Election but unsuccessful in the 2014 General Election. Solorio was the controlling candidate for all committees referenced. The Committee Solorio for College Board, RSCCD 2016 and Solorio failed to timely file a 24-hour report, in violation of Government Code Section 84203 (1 count) and failed to timely report expenditures on a semi-annual campaign statement and a preelection campaign statement, in violation of Government Code Section 84211 (2 counts). The Committee Solorio for City Council 2016 and Solorio failed to timely report expenditures on two preelection campaign statements, three semi-annual campaign statements, and one 24-hour report, in violation of Government Code Section 84211 (6 counts). The Committee Prosperity for California and Solorio failed to timely report expenditures on a preelection campaign statement and a semi-annual campaign statement, in violation of Government Code Section 84211 (2 counts). The Committee Small Business Owners and Taxpayers for Jose Solorio for Senate 2014 and Solorio failed to timely report expenditures on three preelection campaign statements and one semi-annual campaign statement, in violation of Government Code Section 84211 (4 counts). Fine: $2,815 (Tier One).

In the Matter of Jose C. Flores for Arvin Mayor 2016, Jose Flores, and Martha Flores; FPPC No. 19/1694. Staff: Jenna C. Rinehart, Commission Counsel and Dominika Wojenska, Associate Governmental Program Analyst. Jose Flores was an unsuccessful candidate for Mayor of Arvin in the November 8, 2016 General Election. Jose C. Flores for Arvin Mayor 2016 was Flores’ candidate-controlled committee. Martha Flores was the Committee’s treasurer. The Committee, Flores, and Flores failed to timely file two preelection campaign statements, one semi-annual campaign statement, and one 24-hour report, in violation of Government Code Sections 84200.5, 84200, and 84203 (4 counts). Fine: $1,149 (Tier One & Two).

In the Matter of Ted Winterer for City Council 2016, Ted Winterer, and Michael Bone; FPPC No. 17/133. Staff: Jenna C. Rinehart, Commission Counsel. Ted Winterer was a successful candidate for Santa Monica City Council in the November 8, 2016 General Election. Ted Winterer for City Council 2016 was Winterer’s candidate-controlled committee. Michael Bone was the Committee’s treasurer. The Committee, Winterer, and Bone failed to timely file a semi-annual campaign statement, in violation of Government Code Section 84200 (1 count); failed to timely file a candidate intention statement, in violation of Government Code Section 85200 (1 count); and failed to timely report occupation/employer information for certain contributors on two preelection campaign statements and two semi-annual campaign statements, in violation of Government Code Section 84211 (4 counts). Fine: $1,019 (Tier One).

In the Matter of Orange County Freedom Fund and Michael Schroeder; FPPC No. 20/961. Staff: Angela Brereton, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. Orange County Freedom Fund is a local general purpose committee that was active during the November 3, 2020 General Election. Michael Schroeder was the Committee’s treasurer. The Committee and Schroeder failed to timely file a 24-hour report, in violation of Government Code Section 84204 (1 count). Fine: $605 (Tier Two).

In the Matter of Committee to Elect Ryan Childers IID Director Division 2 2020, Ryan Childers, and Alysa Pacrem; FPPC No. 21/205. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Ryan Childers was a successful candidate for Imperial Irrigation District Board in the March 3, 2020 Primary Election, but unsuccessful in the November 3, 2020 General Election. Committee to Elect Ryan Childers IID Director Division 2 2020 was Childers candidate-controlled committee. Alysa Pacrem was the Committee’s treasurer at the time of the violation. The Committee, Childers, and Pacrem failed to timely file a semi-annual campaign statement, in violation of Government Code Section 84200 (1 count). Fine: $600 (Tier One).

In the Matter of  Vote Tom Webster for P-BVUSD School Board and Tom Webster; FPPC No. 21/346. Staff: Angela Brereton, Chief of Enforcement and Dominika Wojenska, Associate Governmental Program Analyst. Tom Webster was an unsuccessful candidate for Panama-Buena Vista Union School District Board in the November 3, 2020 General Election. Vote Tom Webster for P-BVUSD School Board was Webster’s candidate-controlled committee. The Committee and Webster failed to timely file one 24-hour report, in violation of Government Code Section 84203 (1 count). Fine: $550 (Tier Two).

In the Matter of Flaherman for CalPERS Board 2017, Michael Flaherman, and Rachel Flaherman; FPPC No.  18/276. Staff: Theresa Gilbertson, Senior Commission Counsel and Patricia Ballantyne, Program Specialist.  Michael Flaherman was an unsuccessful candidate for one of two Member-at-Large seats on the CalPERS Board of Administration. Flaherman for CalPERS Board 2017 was Flaherman’s candidate-controlled committee. Rachel Flaherman was the Committee’s treasurer. The Committee, Flaherman, and Flaherman failed to timely file a 24-hour report, in violation of Government Code Section 84203 (1 count) and failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $500 (Tier One).

In the Matter of Green Party of Sacramento County and Gary Blenner; FPPC No. 19/1289. Staff: Theresa Gilbertson, Senior Commission Counsel. The Green Party of Sacramento County was a political party committee. Gary Blenner was the Committee’s treasurer. The Committee and Blenner failed to report contributions and expenditures on three semi-annual campaign statements, in violation of Government Code Section 84211 (3 counts). Fine: $308 (Tier One).

In the Matter of Bruce Huynh for Kids First – School Board 2018, Bruce Huynh, and Gabriel Alvarez; FPPC No. 19/1589. Staff: Angela Brereton, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. Bruce Huynh was an unsuccessful candidate for Alum Rock Union Board of Trustees in the November 6, 2018 General Election. Bruce Huynh for Kids First – School Board 2018 was Huynh’s candidate-controlled committee. Gabriel Alvarez was the Committee’s treasurer. The Committee, Huynh, and Alvarez failed to timely file a semi-annual campaign statement, in violation of Government Code Section 84200 (1 count). Fine: $290 (Tier One).

In the Matter of Jim Watt for KFPD Board 2020 and James Watt; FPPC No. 21/460. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Jim Watt was an unsuccessful candidate for the Kensington Fire Protection District Board in the November 3, 2020 General Election. Jim Watt for KFPD Board 2020 was Watt’s candidate-controlled committee. The Committee and Watt failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $272 (Tier One).

In the Matter of Carolina Gallardo-Magana for Council 2020 and Carolina Gallardo-Magana; FPPC No. 20/1122. Staff: Angela Brereton, Chief of Enforcement and Shaina Elkin, Staff Services Analyst. Carolina Gallardo Magana was an unsuccessful candidate for Oxnard City Council District 6 in the November 3, 2020 General Election. Carolina Gallardo Magana for Council 2020 was Gallardo-Magana’s candidate-controlled committee. The Committee and Gallardo-Magana failed to timely file a preelection campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $226 (Tier One).

In the Matter of Faye Taylor for City Council, District 3 and Faye Taylor; FPPC No. 21/302. Staff: Angela Brereton, Chief of Enforcement and Shaina Elkin, Staff Services Analyst. Faye Taylor was an unsuccessful candidate for Oakland City Council District 3 in the November 3, 2020 General Election. Faye Taylor for City Council, District 3 was Taylor’s candidate-controlled committee. The Committee and Taylor failed to timely file a preelection campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $223 (Tier One).

In the Matter of Committee to Recall City Council Members Voights, Hamilton & Robinson, and Mary Azevedo; FPPC No. 16/450. Staff: Christopher Burton, Assistant Chief of Enforcement and Lance Hachigian, Special Investigator. Committee to Recall City Council Members Voights, Hamilton & Robinson was a committee primarily formed to support a recall of three City Councilmembers in the City of Lake Forest in 2015 and 2016. Mary Azevedo was the Committee’s treasurer. The Committee and Azevedo failed to timely report a nonmonetary contribution on a quarterly campaign statement, in violation of Government Code Section 84211 (1 count). Fine: $110 (Tier One).

Statement of Economic Interests Late Filer

 

In the Matter of Philip Wang; FPPC No. 17/957. Staff: Angela Brereton, Chief of Enforcement and Amber Burnside, Assistant Political Reform Consultant. Philip Wang, a Senior Transportation Engineer for the Department of Transportation, failed to timely file a 2016 Annual, 2017 Annual, and a 2018 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (3 counts). Fine: $600 (Tier One)

In the Matter of Gabriela Mares; FPPC No. 18/127. Staff: Alex Rose, Commission Counsel. Gabriela Mares, as a Board Member for Calwa Recreation and Park District, failed to timely file an Assuming Office Statement of Economic Interests, in violation of Government Code Section 87202 (1 count). Fine: $200 (Tier One).

In the Matter of Mark Danaj; FPPC No. 21/244. Staff: Angela Brereton, Chief of Enforcement and Kimberly Rawnsley, Staff Services Analyst. Mark Danaj, a City Manager for the City of Fremont, failed to timely file a 2019 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Fine: $200 (Tier One).