FPPC Enforcement Decisions, February 16, 2017
For More Information Contact:
Jay Wierenga (916) 322-7761
The following are enforcement decisions approved by the Fair Political Practices Commission at its regular monthly meeting held on Thursday, February 16, 2017. Decisions are listed by category and include a brief summary of each case and the total amount of any administrative fine in each case.
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.
Purposefully or Negligently Causing Others to Violate the Act
The California Republican Leadership Fund, a general purpose committee, caused six county central committees to make contributions in their names without identifying the California Republican Leadership Fund as the true source of the contributions, in violation of Government Code Section 83116.5 (6 counts). Fine: $30,000.
Campaign Reporting
Roger Gaylord was an unsuccessful candidate for the Folsom City Council in the November 4, 2014 General Election. Roger Gaylord for Folsom City Council 2014 was his candidate-controlled committee. The Committee and Gaylord failed to timely report activity on pre-election statements covering the period July 1 through October 18, 2014, and semiannual statements covering the period October 19, 2014 through June 30, 2015, in violation of Government Code Section 84211, subds. (a), (b), (c), (d), (f)(5), (j), and (k) (2 counts). The Committee and Gaylord failed to properly disclose sender identification on mass mailers, in violation of Government Code Section 84305, subd. (a) and Reg. 18435, subd. (d) (1 count). Additionally, the Committee and Gaylord made cash expenditures of $100 or more, totaling $2,249, in violation of Government Code Section 84300, subd. (b) (1 count). Fine: $6,500.
Michael Horner qualified as an independent expenditure committee in October 2014 when he paid for a mass mailing opposing a candidate for Lake County Board of Supervisors in the November 4, 2014 General Election. Horner did not identify himself as the sender of the mass mailing and failed to display the required sender identification, in violation of Government Code Section 84305, subd. (a) (1 count). Additionally, Horner made cash expenditures of $100 or more, totaling approximately $1,456, in violation of Government Code Section 84300, subd. (b) (1 count). Fine: $3,500.
Campaign Non-Filer
Gary Mendez is a current Trustee of Rio Hondo College in the City of Whittier. Re-Elect Gary Mendez for Rio Hondo College Board 2011 is his candidate-controlled committee. The Committee and Mendez failed to timely file three semiannual campaign statements covering the reporting periods of July 1, 2014 through December 31, 2014, and July 1, 2015 through June 30, 2016, in violation of Government Code Section 84200 (3 counts) and failed to pay the 2014 and 2015 $50 Annual Fees to the Secretary of State’s Office, in violation of Government Code Section 84101.5 (2 counts). Fine: $18,500.
Kathy Orrin was a successful candidate for Trustee of West Kern Community College District in the November 8, 2016 General Election. Friends of Kathy Orrin 2016 for Trustee of West Kern Community College District is her candidate-controlled committee. The Committee and Orrin received four contributions totaling $6,000 during the 90 days before the election and failed to file four late contribution reports, in violation of Government Code Section 84203 (4 counts). Fine: $860.
Folsom South Area Group, as a major donor committee, failed to timely file two semiannual major donor statements (Form 461), covering the reporting periods of January 1, 2015 through December 31, 2015, in violation of Government Code Section 84200 (2 counts). Fine: $677.
Jon Scott was an unsuccessful candidate for Chico City Council in the November 2016 General Election. Jon Scott - Chico City Council 2016 was his candidate-controlled committee. The Committee and Scott failed to timely file two pre-election statements covering the periods of July 1, 2016 through October 22, 2016, in violation of Government Code Section 84200.5 (2 counts). Fine: $470.
Joe Imbriano was an unsuccessful candidate for Fullerton City Council in the November 8, 2016 General Election. Joe Imbriano 4 Fullerton City Council is his candidate-controlled committee. The Committee and Imbriano received three contributions totaling $7,919 during the 90 days before the November 8, 2016 General Election and failed to file a late contribution report, in violation of Government Code Section 84203 (1 count). Fine: $279.
Taxpayers for Public Safety, Yes on Measure G 2016 is a local primarily formed ballot measure committee in support of Measure G on the November 8, 2016 General Election ballot in Siskiyou County. Rory McNeil is the Committee’s treasurer. The Committee and McNeil failed to timely file one pre-election statement covering the reporting period of July 1, 2016 through September 24, 2016, in violation of Government Code Section 84200.5 (1 count). Fine: $250.
Daniel Marmolejo was an unsuccessful candidate for Beaumont City Council in the November 8, 2016 General Election. Daniel Marmolejo for Beaumont City Council 2016 is his candidate-controlled committee. The Committee and Marmolejo failed to timely file one pre-election statement covering the reporting period of September 25, 2016 through October 22, 2016, in violation of Government Code Section 84200.5 (1 count). Fine: $219.
Friends of Lakeside Schools for Measure J was a primarily formed ballot measure committee in support of Measure J on the June 7, 2016 Primary Election ballot in Santa Cruz County. Cynthia Gingerich is the Committee’s treasurer. The Committee and Gingerich received a contribution of $1,000 during the 90 days before the June 7, 2016 Primary Election and failed to timely file a late contribution report, in violation of Government Code Section 84203 (1 count). Fine: $210.
Statement of Economic Interests Non-Filer
Elena Sweda Neff, a former Board Member of the Los Angeles County West Vector Control District, failed to file her Annual Statements of Economic Interests for the years of 2011 through 2015, and failed to file a Leaving Office Statement of Economic Interests, in violation of Government Code Section 87300 (5 counts). Fine: $20,000.
Claire Gottsdanker, a member of the Montecito Board of Architectural Review, failed to timely file a 2014 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $3,000.
Eric Rudnick, a Commissioner of the Emergency Medical Services Authority Commission and a former Consultant with the County of Santa Clara Public Health Department, failed to timely file a 2014 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $800.
Sandra Thompson, a Board Member for UC Hastings College of Law, failed to timely file a 2015 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.
Arnold Serkin, as a Director of the Ridgecrest Ranchos Park and Recreation District, failed to timely file a 2015 Annual Statement of Economic Interests with the County of Los Angeles, in violation of Government Code Section 87300 (1 count). Fine: $200.
James Bill, as a Board Member for the Building Board of Appeals in the County of Marin, failed to timely file his 2015 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.
Tamara Hull, as a Board Member for Marin County Measure A Community Oversight Committee, failed to timely file a 2015 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.
Laura Gonzalez Escoto, as a Member of the Housing and Community Development Advisory Committee, failed to timely file her 2015 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.
Statement of Economic Interests Non-Reporter
Stephen Houlahan, a successful Candidate for the City Council of Santee in the November 8, 2016 General Election, failed to disclose a source of income on his on Candidate Statement of Economic Interests covering the period of July 27, 2015 through July 27, 2016, in violation of Government Code Section 87207 (1 count). Fine: $100.
Willis Dow, a former member of the Honey Lake Valley Resource Conservation District in Lassen County, failed to disclose real property on his 2013 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $100.
Jesús Andrade, as a successful candidate for the Stockton City Council, failed to timely disclose a source of income on his Candidate Statement of Economic Interests covering the reporting period of March 11, 2015 through March 11, 2016, in violation of Government Code Section 87207 (1 count). Fine: $100.
Annual Fee
Lodi Firefighters PAC is a city general purpose committee. Porter is the Committee’s treasurer. The Committee and Porter failed to timely pay the 2014, 2015 and 2016 $50 Annual Fees to the Secretary of State’s Office, in violation of Government Code Section 84101.5 (3 counts). Fine: $800.
Committee to Save Central Park is a committee primarily formed to oppose Measure T, a Huntington Beach ballot measure. Christian White is the Committee’s treasurer. The Committee and White failed to timely pay the 2013 Annual Fee to the Secretary of State’s Office, in violation of Government Code Section 84101.5 (1 count). Fine: $400.
Robert K. Brown was a successful candidate for Lake County Board of Supervisors in the June 5, 2012 and June 7, 2016 Primary Elections. Rob Brown for District 5 Supervisor 2012 is his candidate-controlled committee. Borghesani is the Committee’s treasurer. The Committee, Brown, and Borghesani failed to timely pay the 2014 and 2015 $50 Annual Fees to the Secretary of State’s Office, in violation of Government Code Section 84101.5 (2 counts). Fine: $400.
L. Karen Monroe was a successful candidate for Alameda County Superintendent of Schools in the November 4, 2014 General Election. L. Karen Monroe for County Superintendent 2014 is her candidate-controlled committee. The Committee and Monroe failed to timely pay the 2014 and 2015 $50 Annual Fees to the Secretary of State’s Office, in violation of Government Code Section 84101.5 (2 counts). Fine: $400.
Gary Davis was a successful candidate for Elk Grove Mayor in the November 6, 2012 and November 4, 2014 General Elections. Mayor Gary Davis 2014 is his candidate-controlled committee. The Committee and Davis failed to timely pay the 2015 and 2016 $50 Annual Fee to the Secretary of State’s Office, in violation of Government Code Section 84101.5 (2 counts). Fine: $400.