FPPC Enforcement Decisions, September 16, 2021

FOR IMMEDIATE RELEASE                            

September 16, 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 September 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, September 16, 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 Contribution Limits

In the Matter of Caixing Xie; FPPC No. 19/1680. Staff: Ruth Yang, Senior Commission Counsel. The respondent was represented by Henry Hu. Caixing Xie made contributions as an individual and through various entities in 2015 to Barry Chang for Assembly 2016. Caixing Xie made contributions that exceeded the campaign contribution limit for State Assembly candidates, in violation of Government Code Section 85301, subdivision (a), and Regulation 18545, subdivision (a)(1) (1 count). Additionally, Caixing Xie failed to timely file a major donor campaign statement, in violation of Government Code Section 84200, subdivision (b) (1 count). Fine: $6,000.

In the Matter of Dakota Brothers, Inc. and Tropicana Russell, Inc.; FPPC No. 19/1682. Staff: Ruth Yang, Senior Commission Counsel. Dakota Brothers, Inc. and Tropicana Russell, Inc. each made contributions in 2016 to Barry Chang for Assembly 2016. At the time when those contributions were made, Dakota Brothers and Tropicana Russell were majority owned by the same combination of individuals. Dakota Brothers, Inc. and Tropicana Russell, Inc made contributions that exceeded the campaign contribution limit for State Assembly candidates, in violation of Government Code Section 85301, subdivision (a), and Regulation 18545, subdivision (a)(1) (1 count). Additionally, Dakota Brothers and Tropicana Russell failed to timely file a major donor campaign statement, in violation of Government Code Section 84200, subdivision (b) (1 count). Fine: $5,500.

Campaign Late Filer

In the Matter of Friends of Long Beach City College – Yes on Measure LB and Lexi Donovan; FPPC No. 17/1003. Staff: Jenna C. Rinehart, Commission Counsel. Friends of Long Beach City College – Yes on Measure LB was a local ballot measure committee primarily formed to support the approval of Measure LB, a bond issue measure in the June 7, 2016 Primary Election. Lexi Donovan was the Committee’s treasurer. The Committee and Donovan failed to timely file two preelection campaign statements and two semi-annual campaign statements, in violation of Government Code Sections 84200.5, 84200.8, and 84200 (1 count) and failed to timely file 44 24-hour reports, in violation of Government Code Section 84203 (3 counts). Fine: $11,500.

In the Matter of Associated Students of Glendale Community College; FPPC No. 21/259. Staff: Ruth Yang, Senior Commission Counsel and Lance Hachigian, Special Investigator. Associated Students of Glendale Community College is a student government organization that failed to timely file two 24-hour reports, in violation of Government Code Section 84203 (1 count) and failed to timely file a major donor campaign statement, in violation of Government Code Section 84200, subdivision (b) (1 count). Fine: $5,000.

Default Proceedings

In the Matter of Thomas Benson for Signal Hill City Council 2017 and Thomas Benson; FPPC No. 18/171. Staff: Theresa Gilbertson, Senior Commission Counsel. Thomas Benson was an unsuccessful candidate for Signal Hill City Council during a local election held on March 7, 2017. Thomas Benson for Signal Hill City Council 2017 was Benson’s candidate-controlled committee. The Committee and Benson failed to timely file three semi-annual campaign statements, in violation of Government Code Section 84200 (3 counts). Fine: $9,000.  

 

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 September 16, 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/Campaign Late Filer

In the Matter of Real Justice PAC (FEC PAC ID #C00632554) and Rebecca Bond; FPPC No 18/242. Staff: Theresa Gilbertson, Senior Commission Counsel. The respondents were represented by Nicholas Sanders of the Sutton Law Group. Real Justice PAC (FEC PAC ID #C00632554) is a federal political action committee registered as a state general purpose committee in California. Rebecca Bond is the Committee’s treasurer. The Committee and Bond failed to timely amend the Committee’s statement of organization to indicate the date of qualification as a California recipient committee, in violation of Government Code Section 84103 (1 count); failed to timely file a semiannual campaign statement, in violation of Government Code Section 84200 (1 count); and failed to include the required “paid for by” disclaimer on text message advertisements in connection with the June 5, 2018 Primary Election, in violation of Government Code Section 84504.3 (1 count). Fine: $2,224 (Tier One & Two).

In the Matter of Affordable Housing Alliance PAC and Mitchell Omerberg; FPPC No. 20/869: Staff: David E. Castro, Commission Counsel. Affordable Housing Alliance Political Action Committee is a local general purpose committee and slate mailer organization. The Committee and Omerberg failed to include the required disclosures on two slate mailers in connection with the November 6, 2020 General Election, in violation of Government Code Section 84305.5, subdivision (a) (2 counts). Fine: $725 (Tier One).

In the Matter of California Homeowners Association and Natalie Blanning; FPPC No. 16/19904. Staff: Christopher Burton, Assistant Chief of Enforcement and Paul Rasey, Special Investigator. The respondents were represented by Brian T. Hildreth of Bell, McAndrews & Hiltachk, LLP. California Homeowners Association is a state general purpose committee. Natalie Blanning is the Committee’s principal officer. The Committee and Blanning failed to include the required “not authorized” disclaimer on one mailer advertisement in connection with the November 8, 2016 General Election, in violation of Government Code Section 84506.5 (1 count). Fine: $459 (Tier Two).

Campaign Late Filer/Reporter

In the Matter of Leah Basile for Lake Forest City Council 2016, Leah Basile, and Michael Basile; FPPC No. 17/296. Staff: Christopher Burton, Assistant Chief of Enforcement. Leah Basile was a successful candidate for the Lake Forest City Council in the November 8, 2016 General Election. Leah Basile for Lake Forest City Council 2016 was Basile’s candidate-controlled committee. Michael Basile was the Committee’s treasurer. The Committee, Basile, and Basile failed to timely file eight 24-hour reports, in violation of Government Code Section 84203 (8 counts) and failed to timely report certain contributions and expenditures on two preelection campaign statements and one semi-annual campaign statement, in violation of Government Code Section 84211 (3 counts). Fine: $4,720 (Tier One & Two).

In the Matter of Justin Sha for Fremont Mayor 2020, Justin Sha, and Ron Sha; FPPC No. 21/663. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Justin Sha was an unsuccessful candidate for Mayor of Fremont in the November 3, 2020 General Election. Justin Sha for Fremont Mayor 2020 was Sha’s candidate-controlled committee. Ron Sha was the Committee’s treasurer. The Committee, Sha, and Sha failed to timely file four 24-hour reports, in violation of Government Code Section 84203 (4 counts). Fine: $3,050 (Tier One & Two).

In the Matter of Committee Dedicated to Building Healthy Communities Yes on Measure Q and Sabra Johnson; FPPC No. 19/396. Staff: Alex Rose, Commission Counsel. Committee Dedicated to Building Healthy Communities Yes on Measure Q is a local primarily formed committee that supported Measure Q in the November 6, 2018 General Election. Sabra Johnson is the Committee’s treasurer. The Committee and Johnson failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count) and failed to timely file two semi-annual campaign statements, in violation of Government Code Section 84200 (2 counts). Fine: $842.

In the Matter of Sudha Kasamsetty for CUSD 2020, Sudha Kasamsetty, and Kishore Kasamsetty; FPPC No. 20/946. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Sudha Kasamsetty was an unsuccessful candidate for Cupertino Unified School District Board in the November 3, 2020 General Election. Sudha Kasamsetty for CUSD 2020 was Kasamsetty’s candidate-controlled committee. Kishore Kasamsetty was the Committee’s treasurer. The Committee, Kasamsetty, and Kasamsetty failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count) and failed to timely file a 24-hour report, in violation of Government Code Section 84203 (1 count). Fine: $538 (Tier One).

In the Matter of California Society for Respiratory Care PAC and Phil Porte; FPPC No. 19/1733. Staff: Alex Rose, Commission Counsel. California Society for Respiratory Care PAC is a state general purpose committee. Phil Porte is the Committee’s treasurer. The Committee and Porte failed to timely file two semi-annual campaign statements, in violation of Government Code Section 84200 (2 counts). Fine: $537 (Tier One).

In the Matter of Friends of Salvador Alatorre for City Treasurer 2020 and Salvador Alatorre; FPPC No. 21/117. Staff: Angela Brereton, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. Salvador Alatorre was an unsuccessful candidate for Lynwood City Treasurer in the November 3, 2020 General Election. Friends of Salvador Alatorre was Alatorre’s candidate-controlled committee. The Committee and Alatorre failed to timely file a 24-hour report, in violation of Government Code Section 84203 (1 count). Fine: $475 (Tier Two).

In the Matter of Christopher Apodaca; FPPC No. 19/1327. Staff: Angela Brereton, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. Christopher Apodaca, a Board Member for ABC Unified School District, failed to timely file an Officeholder Campaign Statement Short Form (Form 470) for calendar years 2019 and 2020, in violation of Government Code Section 84206 (2 counts). Fine: $400 (Tier One).

In the Matter of Scott Blough; FPPC No. 21/535. Staff: Angela Brereton, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Scott Blough, as a Board Member for Simi Valley Unified Board of Education, failed to timely file an Officeholder Campaign Statement Short Form (Form 470) for calendar years 2019 and 2020, in violation of Government Code Section 84206 (2 counts). Fine: $400 (Tier One).

In the Matter of Grynchal for Claremont City Council 2017, Anthony Grynchal, and Annie Baenen; FPPC No. 17/010. Staff: Jenna C. Rinehart, Commission Counsel and Jeffrey Kamigaki, Supervising Special Investigator. Anthony Grynchal was an unsuccessful candidate for Claremont City Council in the March 7, 2017 Special Election. Grynchal for Claremont City Council 2017 was Grynchal’s candidate-controlled committee. Annie Baenen was the Committee’s treasurer. The Committee, Grynchal, and Baenen failed to timely file an amendment to its statement of organization to report its date of qualification, in violation of Government Code Section 84101 (1 count) and failed to accurately report expenditures on a semi-annual campaign statement, in violation of Government Code Section 84211 (1 count). Additionally, Grynchal failed to timely report a source of income on a Candidate Statement of Economic Interests, in violation of Government Code Sections 87201 and 87207 (1 count). Fine: $402 (Tier One).

In the Matter of Pete Graff for City Council 2018, Pete Graff, and April Graff; FPPC No. 18/1378. Staff: Jenna C. Rinehart, Commission Counsel. Pete Graff was an unsuccessful candidate for Tehachapi City Council in the November 6, 2018 General Election. Pete Graff for City Council 2018 was Graff’s candidate-controlled committee. April Graff was the Committee’s treasurer. The Committee, Graff, and Graff failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $240 (Tier One).

In the Matter of Juan Blanco for Palmdale City Council District #1, 2020 and Juan Blanco; FPPC No. 21/635. Staff: Angela Brereton, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Juan Blanco was an unsuccessful candidate for Palmdale City Council in the November 3, 2020 General Election. Juan Blanco for Palmdale City Council District #1, 2020 was Blanco’s candidate-controlled committee. The Committee and Blanco failed to timely file a preelection campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $249 (Tier One).

In the Matter of Gloria Gray; FPPC No. 21/561. Staff: Angela Brereton, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Gloria Gray, as a candidate for Board Member of West Basin Water District 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 Pablo Villagrana; FPPC No. 20/633. Staff: Angela Brereton, Chief of Enforcement and Amber Rodriguez, Assistant Political Reform Consultant. Pablo Villagrana, a Board Member for the Capital Improvement Project Oversight Board, failed to timely file an Assuming Office and 2019 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (2 counts). Fine: $400 (Tier One).

In the Matter of Maria Contreras; FPPC No. 21/068. Staff: Angela Brereton, Chief of Enforcement and Amber Rodriguez, Assistant Political Reform Consultant. Maria Contreras, Treasurer for the City of Baldwin Park, failed to timely file a 2019 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Fine: $200 (Tier One).

In the Matter of Timothy Wilkes; FPPC No. 21/075. Staff: Angela Brereton, Chief of Enforcement and Amber Rodriguez, Assistant Political Reform Consultant. Timothy Wilkes, a Planning Commissioner for the City of Calistoga, failed to timely file a 2019 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Fine: $200 (Tier One).

In the Matter of Luis Natividad; FPPC No. 21/427. Staff: Angela Brereton, Chief of Enforcement and Taylor Culberson, Assistant Political Reform Consultant. Luis Natividad, a Planning Commissioner for National City, failed to timely file a 2019 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Fine: $200 (Tier One).

In the Matter of Scott Gallion; FPPC No. 21/466. Staff: Angela Brereton, Chief of Enforcement and Taylor Culberson, Assistant Political Reform Consultant. Scott Gallion, a Board Member with the Fall River Mills Fire Protection District in Shasta County, 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 Acquanetta Warren; FPPC No. 21/597. Staff: Angela Brereton, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Acquanetta Warren, as Mayor of Fontana, failed to timely disclose sources of income, travel payments, and gifts on the 2018, 2019, and 2020 Annual Statements of Economic Interest, in violation of Government Code Sections 87206 and 87207 (9 counts). Fine: $900 (Tier One).

In the Matter of Anjali Kausar; FPPC No. 17/118. Staff: Bridgette Castillo, Senior Commission Counsel and George Aradi, Special Investigator. The respondent was represented by James Sutton of Sutton Law Firm. Anjali Kausar, as a Member of the Cupertino Unified School District, failed to timely report a source of income on the 2015 and 2016 Annual Statements of Economic Interest, in violation of Government Code Section 87302 (2 counts). Fine: $200 (Tier One).

In the Matter of Tammy Kim; FPPC No. 21/503. Staff: Angela Brereton, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Tammy Kim, as a member of the Irvine City Council, failed to timely report a source of income on an Assuming Office Statement of Economic Interests, in violation of Government Code Section 87207 (1 count). Fine: $100 (Tier One).

Gift Over-the-Limit

In the Matter of Shamann Walton; FPPC No. 21/622. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Shamann Walton, a member of the San Francisco Board of Supervisors, accepted a gift that exceeded the 2020 annual gift limit, in violation of Government Code Section 89503 (1 count). Fine: $600 (Tier Two).

In the Matter of Holly J. Mitchell; FPPC No. 21/624. Staff: Angela Brereton, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Holly J. Mitchell, as a California State Senator, accepted two gifts that exceeded the 2019 annual gift limit, in violation of Government Code Section 89503 (2 counts). Fine: $400 (Tier One).