FPPC Enforcement Decisions, October 21, 2021

FOR IMMEDIATE RELEASE                            

October 21, 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 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.

I. The following are enforcement decisions approved by the Fair Political Practices Commission at its regular monthly meeting held on Thursday, October 21, 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 Westberg + White, Inc; FPPC No. 19/951. Staff: Jenna C. Rinehart, Commission Counsel. The respondent was represented by David E. Barker of Collins, Collins, Muir, and Stewart, LLP. Westberg + White, Inc. engaged in campaign activities as a major donor committee in 2016. Westberg + White, Inc. failed to timely file two semi-annual campaign statements, in violation of Government Code Section 84200 (1 count), and three 24-hour reports, in violation of Government Code Section 84203 (1 count). Fine: $5,500.

Gift Over-the-Limit

In the Matter of Devon Mathis; FPPC No. 18/365. Staff: Bridgette Castillo, Senior Commission Counsel and Ann Flaherty, Special Investigator. The respondent was represented by Narek Avetisyan, Esq. Devon Mathis is a member of the California State Assembly representing District 26. Mathis failed to timely report a gift of lodging on the 2016 Annual Statement of Economic Interests, in violation of Government Code Sections 87203 and 87207, subdivision (a)(4) (1 count) and accepted a gift that exceeded the 2016 annual gift limit, in violation of Government Code Section 89503 (1 count). Fine: $5,500.

 

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 October 21, 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.

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In the Matter of Rescue California – To Support the Recall of Gavin Newsom and Thomas Del Beccaro; FPPC No. 21/697. Staff: Ruth Yang, Senior Commission Counsel and Ann Flaherty, Special Investigator. Rescue California – To Support the Recall of Gavin Newsom is a state primarily formed committee. Thomas Del Beccaro is the Committee’s principal officer. The Committee and Del Beccaro failed to include the proper advertisement disclaimers on two different mass text advertisements, in violation of Government Code Sections 84502, 84503, and 84504.7, subdivision (b) (4 counts). Fine: $2,980 (Tier Two).

Campaign Late Filer/Reporter

In the Matter of Anaheim Firefighters Political Action Committee and Noel Perkins; FPPC No. 18/1146. Staff: Alex Rose, Commission Counsel. Anaheim Firefighters Political Action Committee is a local general purpose committee. Noel Perkins is the Committee’s treasurer. The Committee and Perkins failed to timely file eight 24-hour reports, in violation of Government Code Section 84203 (8 counts), and three pre-election campaign statements, in violation of Government Code Section 84200.5 (3 counts). Fine: $7,431 (Tier One & Two).

In the Matter of Matthew Brach for Palos Verdes Peninsula Unified School District Governing Board Member 2018 and Matthew Brach; FPPC No. 19/456. Staff: Alex Rose, Commission Counsel. Matthew Brach was a successful candidate for Palos Verdes Peninsula Unified School District Governing Board in the November 6, 2018 General Election. Matthew Brach for Palos Verdes Peninsula Unified School District Governing Board Member 2018 was Brach’s candidate-controlled committee. The Committee and Brach failed to timely file one preelection campaign statement, in violation of Government Code Section 84200.5 (1 count), five semi-annual campaign statements, in violation of Government Code Section 84200 (5 counts), and one 24-hour report, in violation of Government Code Section 84203 (1 count). Fine: $1,823 (Tier One & Two).

In the Matter of Scott Haggerty for Supervisor 2016, Scott P. Haggerty, and William J. Harrison; FPPC No. 19/411. Staff: Megan A. Van Arsdale, Commission Counsel. This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. The respondents were represented by Lance Olson of Olson Remcho. Scott Haggerty was a successful candidate for Alameda County Supervisor in the June 7, 2016 Primary Election. Scott Haggerty for Supervisor 2016 was Haggerty’s candidate-controlled committee. William J. Harrison was the Committee’s treasurer. The Committee, Haggerty, and Harrison failed to timely file a preelection 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: $1,679 (Tier One & Two).

In the Matter of Political Action Committee of the Paradise Teacher’s Association and Megan Fercho; FPPC No. 18/053. Staff: Neal Bucknell, Senior Commission Counsel. The Political Action Committee of the Paradise Teacher’s Association is a local general purpose committee. Megan Fercho is the Committee’s former treasurer. The Committee and Fercho failed to timely report payments in support of three local candidates on a preelection campaign statement and a semi-annual campaign statement, in violation of Government Code Section 84211 (2 counts), and failed to timely file two 24-hour reports regarding those payments, in violation of Government Code Section 84203 (2 counts). Fine: $1,663 (Tier One & Two).

In the Matter of Janice Rutherford for Supervisor 2018, Janice Rutherford, and Mondi Taylor; FPPC No. 19/1803. Staff: Jenna C. Rinehart, Commission Counsel and Soni Mangat, Program Specialist II. Janice Rutherford was a successful candidate for San Bernardino County Supervisor of District 2 in the June 5, 2018 Primary Election. Janice Rutherford for Supervisor 2018 was Rutherford’s candidate-controlled committee. Mondi Taylor was the Committee’s treasurer. The Committee, Rutherford, and Taylor failed to timely report accrued expenses on two preelection campaign statements and two semi-annual campaign statements, in violation of Government Code Section 84211 (4 counts), and failed to timely file a 24-hour report, in violation of Government Code Section 84203 (1 count). Fine: $1,432 (Tier One & Two).

In the Matter of Mary Ann Leffel for Director Monterey Peninsula Airport, Mary Ann Leffel, and Beth Fergon; FPPC No. 19/507. Staff: Alex Rose, Commission Counsel. Mary Ann Leffel was a successful candidate for Director of Monterey Peninsula Airport in the November 3, 2020 General Election. Mary Ann Leffel for Director Monterey Peninsula Airport was Leffel’s candidate-controlled committee. Beth Fergon was the Committee’s treasurer. The Committee, Leffel, and Fergon failed to timely file two preelection campaign statements, in violation of Government Code Section 84200.5 (2 counts), one semi-annual campaign statement, in violation of Government Code Section 84200 (1 count), and one 24-hour report, in violation of Government Code Section 84203 (1 count). Fine: $1,362 (Tier One).

In the Matter of Fauzia Rizvi 4 Corona City Council 2018, Fauzia Rizvi, and Yousuf Bhaghani; FPPC No. 18/1341. Staff: Alex Rose, Commission Counsel. Fauzia Rizvi was an unsuccessful candidate for Corona City Council in the November 6, 2018 General Election. Fauzia Rizvi 4 Corona City Council 2018 was Rizvi’s candidate-controlled committee. Yousuf Bhaghani is the Committee’s treasurer. The Committee, Rizvi, and Bhaghani failed to timely file a semi-annual campaign statement, in violation of Government Code Section 84200 (1 count), and a preelection campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $1,161 (Tier Two).

In the Matter of Dr. Miguel S. Coronado for Antelope Valley Community College-Governing Board Member Trustee 2018, Miguel S. Coronado, and René Calderon; FPPC No. 18/1065. Staff: Angela Brereton, Chief of Enforcement and Dominika Wojenska, Associate Governmental Program Analyst. Miguel S. Coronado was an unsuccessful candidate for Antelope Valley Community College District Board in the November 6, 2018 General Election. Dr. Miguel S. Coronado for Antelope Valley Community College-Governing Board Member Trustee 2018 was Coronado’s candidate-controlled committee. René Calderon was the Committee’s treasurer. The Committee, Coronado, and Calderon failed to timely file a preelection 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: $1,137 (Tier One & Two).

In the Matter of Bill Smith for Mayor 2020, William C. Smith, and Laura Smith; FPPC No. 20/249. Staff: Angela Brereton, Chief of Enforcement and Dominika Wojenska, Associate Governmental Program Analyst. William C. Smith was an unsuccessful candidate for Mayor of Stockton in the March 3, 2020 Primary Election. Bill Smith for Mayor 2020 was Smith’s candidate-controlled committee. Laura Smith was the Committee’s treasurer. The Committee, Smith, and Smith failed to timely file two pre-election campaign statements, in violation of Government Code Section 84200.5 (2 counts), and one 24-hour report, in violation of Government Code Section 84203 (1 count). Fine: $1,126 (Tier One & Two).

In the Matter of Committee to Re-Elect Bruce Kuhn IID Director DIV 2 2020, Bruce Kuhn, and Chanda Kuhn; FPPC No. 20/111. Staff: Alex Rose, Commission Counsel. Bruce Kuhn was an unsuccessful candidate for Imperial Irrigation District Board in the March 3, 2020 General Election. Re-Elect Bruce Kuhn IID Director DIV 2 2020 was Kuhn’s candidate-controlled committee. Chanda Kuhn was the Committee’s treasurer. The Committee, Kuhn, and Kuhn failed to timely file a preelection campaign statement, in violation of Government Code Section 84200.5 (1 count), and a semi-annual campaign statement, in violation of Government Code Section 84200 (1 count). Fine: $1,060 (Tier One & Two).

In the Matter of Gastelum for Chula Vista Mayor 2018 and Hector Gastelum; FPPC No. 18/831. Staff: Bridgette Castillo, Senior Commission Counsel. Hector Gastelum was an unsuccessful candidate for Mayor of Chula Vista in the November 6, 2018 General Election. Gastelum for Chula Vista Mayor 2018 was his candidate-controlled committee. The Committee and Gastelum failed to timely file two preelection campaign statements, in violation of Government Code Section 84200.5 (2 counts); one 24-hour report, in violation of Government Code Section 84203 (1 count); and a Statement of Organization, in violation of Government Code Section 84102 (1 count). Fine: $1,032 (Tier One).

In the Matter of SEIU Local 1000, Keeping California Healthy, Safe and Strong and David Jimenez; FPPC No. 21/828. Staff: Angela Brereton, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. The respondents were represented by Richard Rios of Olson Remcho, LLP. The SEIU Local 1000, Keeping California Healthy, Safe and Strong is a state general purpose committee. David Jimenez was the Committee’s treasurer. The Committee and Jimenez failed to timely file two 24-hour reports, in violation of Government Code Section 84204 (2 counts). Fine: $972 (Tier One).

In the Matter of Don Davis for Stanislaus County Superintendent of Schools 2018, Don Davis, and Britta Skavdahl; FPPC No. 18/643. Staff: Megan A. Van Arsdale, Commission Counsel. Don Davis was an unsuccessful candidate for Stanislaus County Superintendent of Schools in the June 5, 2018 Primary Election. Don Davis for Stanislaus County Superintendent of Schools 2018 is Davis’s candidate-controlled committee. Britta Skavdahl is the Committee’s treasurer. The Committee, Davis, and Skavdahl failed to timely disclose payments, contributions, and expenditures on a semi-annual campaign statement and two preelection campaign statements, in violation of Government Code Section 84211 (3 counts). Fine: $930 (Tier One).

In the Matter of Aiello for Council 2017 and Anthony Aiello; FPPC No. 21/579. Staff: Ruth Yang, Senior Commission Counsel. Anthony Aiello was an unsuccessful candidate for La Mirada City Council in the March 7, 2017 Primary Election. Aiello for Council 2017 was Aiello’s candidate-controlled committee. The Committee and Aiello failed to timely file three 24-hour reports, in violation of Government Code Section 84203 (3 counts). Fine: $750 (Tier One).

In the Matter of Wasco Friends for a Yes on Measure E 2018 and Kristy Gallardo; FPPC No. 19/410. Staff: Alex Rose, Commission Counsel. Wasco Friends for a Yes on Measure E 2018 is a local primarily formed committee that supported Measure E in the November 6, 2018 General Election. Kristy Gallardo is the Committee’s treasurer. The Committee and Gallardo failed to timely file a semi-annual campaign statement, in violation of Government Code Section 84200 (1 count), and a preelection campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $601 (Tier One).

In the Matter of Debra Martin for City Council 2020, Debra Martin, and Joyce Zhu; FPPC No. 20/1126. Staff: Angela Brereton, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. Debra Martin was an unsuccessful candidate for Pomona City Council in the November 3, 2020 General Election. Debra Martin for City Council 2020 was Martin’s candidate-controlled committee. Joyce Zhu was the Committee’s treasurer. The Committee, Martin, and Zhu failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $362 (Tier One).

In the Matter of Committee to Elect Daniel Correa for City Council 2020 and Daniel Correa; FPPC No. 21/491. Staff: Angela Brereton, Chief of Enforcement and Dominika Wojenska, Associate Governmental Program Analyst. Daniel Correa was an unsuccessful candidate for Orange City Council in the November 3, 2020 General Election. Committee to Elect Daniel Correa for City Council 2020 was Correa’s candidate-controlled committee. The Committee and Correa failed to timely file a 24-hour report, in violation of Government Code Section 84203 (1 count). Fine: $274 (Tier One).

In the Matter of Committee to Re-Elect Scott Wyatt for School Board 2020, Scott Wyatt, and Sylvia Pallas; FPPC No. 21/689. Staff: Angela Brereton, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Scott Wyatt was a successful candidate for Board Member of the San Bernardino City Unified School District in the November 3, 2020 General Election. Committee to Re-Elect Scott Wyatt for School Board 2020 is Wyatt’s candidate-controlled committee. Sylvia Pallas is the Committee treasurer. The Committee, Wyatt, and Pallas failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $227 (Tier One).

In the Matter of Committee for Real Affordable Housing - Yes on Measure DD, No on Measure U1, sponsored by Berkeley Property Owners Association and Nicholas Sanders; FPPC No. 16/19834. Staff: Megan A. Van Arsdale, Commission Counsel, and Paul Rasey, Special Investigator. The Respondents were represented by Nicholas Sanders of the Sutton Law Firm. Committee for Real Affordable Housing - Yes on Measure DD, No on Measure U1, sponsored by Berkeley Property Owners Association was a primarily formed ballot measure committee. Nicholas Sanders was the Committee’s treasurer. The Committee and Sanders failed to timely file a 24-hour report, in violation of Government Code Section 84203 (1 count). Fine: $218 (Tier One).

In the Matter of Kristina Hong; FPPC No. 21/540. Staff: Angela Brereton, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. Kristina Hong, as a candidate for Antelope Valley Healthcare District Board in the November 3, 2020 General Election, failed to timely file a Candidate Intention Statement, in violation of Government Code Section 85200(1 count). Fine: $200 (Tier One).

In the Matter of Graciela Torres; FPPC No. 21/730. Staff: Angela Brereton, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Graciela Torres, as a candidate for Western Municipal Water District Board in 2022, failed to timely file a Candidate Intention Statement, in violation of Government Code Section 85200 (1 count). Fine: $200 (Tier One).

Statement of Economic Interests Late Filer

In the Matter of Michelle Rivas; FPPC No. 21/265. Staff: Angela Brereton, Chief of Enforcement and Amber Rodriguez, Assistant Political Reform Consultant. Michelle Rivas, a Trustee for the Twin Rivers Unified School District, failed to timely file a 2019 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $600 (Tier Two).

In the Matter of Arthur Bridenbaker; FPPC No. 18/486. Staff: Alex Rose, Commission Counsel. Arthur Bridenbaker, as a Board Member for Mortara Circle Community Services District, failed to timely file a 2017 Annual and a Leaving Office Statement of Economic Interests, in violation of Government Code Section 87300 (2 counts). Fine: $400 (Tier One).

In the Matter of Timothy Crick; FPPC No. 19/993. Staff: David E. Castro, Commission Counsel. Timothy Crick, a Hazardous Substances Engineer for the Department of Toxic Substances, failed to timely file a 2018 Annual Statement of Economic Interest, in violation of Government Code Section 87300 (1 count). Fine: $400 (Tier One).

In the Matter of Alexander Ngo; FPPC No. 19/1228. Staff: Alex Rose, Commission Counsel. Alexander Ngo, an Architect with the Los Angeles Department of Public Works Bureau of Engineering, failed to timely file a 2018 Annual and 2019 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (2 counts). Fine: $400 (Tier One).

In the Matter of Martha Camacho Rodriguez; FPPC No. 21/375. Staff: Angela Brereton, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Martha Camacho Rodriguez, a successful candidate for Board of Directors of Central Basin Municipal Water District in the November 3, 2020 General Election, failed to timely file a Candidate Statement of Economic Interests, in violation of Government Code Section 87302.3 (1 count). Fine: $200 (Tier One).

In the Matter of Patricia McColl; FPPC No. 21/546. Staff: Angela Brereton, Chief of Enforcement and Taylor Culberson, Assistant Political Reform Consultant. Patricia McColl, a Consultant for the San Diego Association of Governments, failed to timely file a 2019 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200 (Tier One).

In the Matter of Rebecca Arellano; FPPC No. 21/565. Staff: Angela Brereton, Chief of Enforcement and Taylor Culberson, Assistant Political Reform Consultant. Rebecca Arellano, a member of the Turlock City Council, failed to timely file a 2019 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Fine: $200 (Tier One).

Statement of Economic Interests Late Reporter

In the Matter of Marshall Long; FPPC No. 16/607. Staff: Theresa Gilbertson, Senior Commission Counsel and George Aradi, Special Investigator. Marshall Long, a member of the Mariposa County Board of Supervisors, failed to timely report economic interests on the Assuming Office, 2015 Annual, 2016 Annual, 2017 Annual, 2018 Annual, and 2019 Annual Statements of Economic Interest, in violation of Government Code Sections 87202, 87203, and 87206 (21 counts). Fine: $2,100 (Tier One).

In the Matter of Mark Carnevale; FPPC No. 21/754. Staff: Angela Brereton, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. Mark Carnevale, a member of the Cathedral City Council, failed to timely report a source of income on the 2019 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $100 (Tier One).