FPPC Enforcement Decisions, June 21, 2018
FOR IMMEDIATE RELEASE
June 21, 2018
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, June 21, 2018. 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 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.
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In the Matter of Fair Rents 4 Pacifica, Julie Starobin, and Thursday Roberts; FPPC No. 17/1217. Staff: Commission Counsel Christopher Burton and Political Reform Consultant Tara Stock. Fair Rents 4 Pacifica is a local ballot measure committee created to support City of Pacifica Measure C, which appeared on the November 7, 2017 Special Election ballot. Julie Starobin was the Committee’s treasurer. Thursday Roberts is the Committee’s principal officer. The Committee, Starobin, and Roberts failed to timely change the name of the Committee to reflect the supported ballot measure, and failed to include “Measure C” in the Committee’s name on mass mailings and advertisements, in violation of Government Code Sections 84103, 84107, 84305, and 84504 (1 count). Fine: $3,500.
In the Matter of Save Open Space & Agricultural Resources, Inc. (A controlled committee by Ventura County Supervisors Steve Bennett and Linda Parks), FPPC No. 16/19636. Staff: Assistant Chief Dave Bainbridge and Special Investigator Jeffrey Kamigaki. Save Open Space & Agricultural Resources, Inc. (A controlled committee by Ventura County Supervisors Steve Bennett and Linda Parks) is a local general purpose ballot measure committee in Ventura County. The Committee failed to include proper advertising disclosure statements on electronic advertisements, in violation of Government Code Section 84504, subdivision (c) (1 count). Fine: $3,000.
Mass Mailings
In the Matter of Margaret “Peggy” Moore and Moore for Oakland City Council At-Large 2016; FPPC No. 16/19843. Staff: Commission Counsel Christopher Burton, Special Investigator Paul Rasey, and Political Reform Consultant Teri Rindahl. Margaret “Peggy” Moore was an unsuccessful candidate for the at-large seat on the Oakland City Council in the November 8, 2016 General Election. Moore for Oakland City Council At-Large 2016 was Moore’s candidate-controlled committee. The Committee and Moore failed to include the proper sender identification on two mass mailings, in violation of Government Code Section 84305 and Regulation 18435 (1 count). Fine: $2,500.
Mass Mailing at Public Expense
In the Matter of West Valley Water District; FPPC No. 17/549. Staff: Commission Counsel Ruth Yang and Special Investigator Roone Petersen. West Valley Water District serves approximately 80,000 customers in Southwestern San Bernardino County and Northwestern Riverside County. West Valley Water District prepared and distributed a mass mailing featuring an elected official at public expense, in violation of Government Code Section 89001 (1 count). Fine: $2,000.
Campaign Reporting
In the Matter of Roger Aceves for Supervisor 2014, Roger S. Aceves, and Tony Vallejo; FPPC No. 17/145. Staff: Commission Counsel Christopher Burton and Program Specialist Patricia Ballantyne. This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. Roger S. Aceves was a member of the Goleta City Council and a candidate for Santa Barbara Supervisor, District 2 in the June 3, 2014 Primary Election. Roger Aceves for Supervisor 2014 was his candidate-controlled committee. Tony Vallejo was the Committee’s treasurer. The Committee, Aceves, and Vallejo failed to provide sufficient notice to 21 potential major donor committees that contributed a total of $208,320, in violation of Government Code Section 84105 and Regulation 18427.1 (1 count); accepted cash contributions of $100 or more, totaling $5,100, in violation of Government Code Section 84300, subdivision (a) (1 count); and failed to timely report $261,299.21 in subvendor payments, in violation of Government Code Sections 84303 and 84211, subdivision (k)(6) (2 counts). Fine: $7,500.
Campaign Non-filer
In the Matter of Burbank Hospitality Association; FPPC No. 18/113. Staff: Commission Counsel Christopher Burton. Burbank Hospitality Association is a major donor committee. The Committee failed to timely file one semiannual major donor campaign statement for the reporting period of July 1, 2016 through December 31, 2016, in violation of Government Code Section 84200, subdivision (b) (1 count); and failed to timely file one 24-Hour Report, in violation of Government Code Section 84203 (1 count). Fine: $5,000.
In the Matter of California RoofPAC and Marc Connerly; FPPC No. 16/39 (Streamline Settlement). Staff: Commission Counsel Michael W. Hamilton and Program Specialist Bob Perna. This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. The California RoofPAC is a state general purpose committee. Marc Connerly is the Committee’s treasurer. The Committee and Connerly failed to timely file six pre-election campaign statements covering the reporting periods of October 1, 2012 through October 20, 2012, January 1, 2014 through May 17, 2014, July 1, 2014 through September 30, 2014, and January 1, 2016 through May 21, 2016, in violation of Government Code Section 84200.5 (6 counts). The Committee and Connerly also failed to timely file eight 24-Hour Reports, in violation of Government Code Section 84203 (8 counts); and failed to timely report one expenditure on the semiannual campaign statement covering the reporting period of July 1, 2013 through December 31, 2013, in violation of Government Code Section 84211 (1 count). Fine: $3,716.
In the Matter of Committee to Elect Bruce Kuhn for Imperial Irrigation District Director Division #2, Bruce Kuhn, and Angela Suchma; FPPC No. 16/210 (Streamline Settlement). Staff: Senior Commission Counsel Bridgette Castillo and Associate Governmental Program Analyst Dominika Wojenska. Bruce Kuhn was a successful candidate for the Imperial Irrigation District Board of Directors in the November 6, 2012 General Election and June 7, 2016 Primary Election. Committee to Elect Bruce Kuhn for Imperial Irrigation District Director Division #2 was his candidate-controlled committee. Suchma was the Committee’s treasurer. The Committee, Kuhn, and Suchma failed to timely file two semiannual campaign statements for the reporting periods of January 1, 2015 through December 31, 2015, in violation of Government Code Section 84200 (2 counts); failed to timely file one pre-election campaign statement for the reporting period of January 1, 2016 through April 23, 2016, in violation of Government Code Section 84200.5 (1 count); and failed to timely file two 24-Hour Reports, in violation of Government Code Section 84203 (2 counts). Fine: $1,400.
In the Matter of Long Beach Citizens’ and Patients’ Rights PAC and Jeremy Coltharp; FPPC No. 15/811. Staff: Commission Counsel Theresa Gilbertson and Special Investigator Roone Petersen. Long Beach Citizens’ and Patients’ Rights PAC was a primarily formed committee formed to sponsor a local medical marijuana ballot initiative in 2013 and 2014. Jeremy Coltharp was the Committee’s principal officer and assistant treasurer. The Committee and Coltharp failed to timely file two semiannual campaign statements for the reporting periods of January 1, 2014 through December 31, 2014, in violation of Government Code Section 84200 (1 count). Fine: $1,000.
In the Matter of Darcie Green, Friends of Darcie Green for County Trustee 2014, and Desiree Green; FPPC No. 16/287 (Streamline Settlement). Staff: Senior Commission Counsel Neal Bucknell and Program Specialist Soni Mangat. Darcie Green was a successful candidate for the Santa Clara County Board of Education in the November 4, 2014 General Election. Friends of Darcie Green for County Trustee 2014 was her candidate-controlled committee. Desiree Green was the Committee’s treasurer. The Committee, Green, and Green failed to timely file three 24-hour reports, in violation of Government Code Section 84203 (3 counts). Fine: $645.
In the Matter of Darcie Green, Darcie Green for State Assembly 2016, and Desiree Green; FPPC No. 18/259 (Streamline Settlement). Staff: Senior Commission Counsel Neal Bucknell and Program Specialist Soni Mangat. Darcie Green was an unsuccessful candidate for the California State Assembly in the April 4, 2016 Primary Election. Darcie Green for State Assembly 2016 was her candidate-controlled committee. Desiree Green was the Committee’s treasurer. The Committee, Green, and Green failed to timely file a Statement of Organization (Form 410), in violation of Government Code Section 84101 (1 count); and failed to timely report contributions on a pre-election campaign statement, in violation of Government Code Section 84211 (1 count). Fine: $422.
In the Matter of Bill Hodge and the Committee to Elect Bill Hodge for Calexico City Council 2016; FPPC No. 18/241 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Bill Hodge was a successful candidate for Calexico City Council in the November 8, 2016 General Election. The Committee to Elect Bill Hodge for Calexico City Council 2016 was his candidate-controlled committee. The Committee and Hodge failed to timely file one 24-Hour Report, in violation of Government Code Section 84203 (1 count). Fine: $247.
In the Matter of Jose Barraza for Fresno City Council District 5-2016 and Jose Barraza; FPPC No. 18/183 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Jose Barraza was an unsuccessful candidate for Fresno City Council in the November 8, 2016 General Election. Jose Barraza for Fresno City Council District 5-2016 was his candidate-controlled committee. The Committee and Barraza failed to timely file one semiannual campaign statement for the reporting period of October 23, 2016 through December 31, 2016, in violation of Government Code Section 84200 (1 count). Fine: $235.
In the Matter of Yes on Measure Q for Dixon Schools and Frances Garcia; FPPC No. 16/20140 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. Yes on Measure Q for Dixon Schools is a primarily formed ballot measure committee supporting a local school bond measure on the November 8, 2016 General Election ballot. Frances Garcia is the Committee’s treasurer. The Committee and Garcia failed to timely file one pre-election campaign statement for the reporting period of September 25, 2016 through October 22, 2016, in violation of Government Code Section 84200.5 (1 count). Fine: $216.
In the Matter of Selma Unified Teachers Association Political Action Committee, and Sylvia Emmersen; FPPC No. 18/223 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Teri Rindahl. Sylvia Emmersen served as the Committee’s treasurer. The Committee, and Emmersen failed to timely file one semiannual campaign statement for the reporting period of July 1, 2017 through December 31, 2017, in violation of Government Code Section 84200 (1 count). Fine: $200.
Statement of Economic Interests Non-Filer
In the Matter of Carol Chorbajian, FPPC No. 16/408 (Streamline Settlement). Staff: Commission Counsel Theresa Gilbertson. Carol Chorbajian serves as a Commissioner for the Measure P Oversight Committee for the City of Monterey. She failed to timely file an Assuming Office Statement of Economic Interests and a 2015 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (2 counts). Fine: $800.
In the Matter of Miguel Navarrette; FPPC No. 18/137 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Miguel Navarrette, a Board Member of the Raisin City Elementary School District in the County of Fresno, failed to timely file his Assuming Office Statement of Economic Interests, in violation of Government Code Section 87202 (1 count). Fine: $200.
Statement of Economic Interest Non-Reporter
In the Matter of Dene Bustichi; FPPC No. 16/20095 (Streamline Settlement). Staff: Commission Counsel Christopher Burton and Special Investigator Paul Rasey. Dene Bustichi, former member of the Scotts Valley City Council, failed to timely disclose a loan in the amount of $250,000 from Richard Fontana on his 2013 Annual Statement of Economic Interests, in violation of Government Code Section 87207, subdivision (a) (1 count). Fine: $100.
Default Proceedings
Default Proceedings Requesting Commission Action
In the Matter of Roberto Reyes; FPPC No. 16/160 (Default Decision – Final Notice). Staff: Commission Counsel Theresa Gilbertson. Roberto Reyes served as a Planning Commissioner for the City of Richmond. Reyes failed to timely file an Annual Statement of Economic Interest for 2014, in violation of Government Code Section 87200 and 87203. (1 count). Fine: $3,000.