FPPC Enforcement Decisions, August 15, 2019
FOR IMMEDIATE RELEASE
August 15, 2019
For More Information Contact:
Jay Wierenga (916) 322-7761
Additional information on each of the enforcement cases listed below can be found in the August 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, August 15, 2019. 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
In the Matter of Apple Valley Professional Firefighters Association Local 4742, James Peratt, and Larry Soper; FPPC No. 16/19935. Staff: Senior Commission Counsel Christopher Burton and Special Investigator Paul Rasey. Apple Valley Professional Firefighters Association Local 4742 is a local general purpose committee, but became primarily formed to support Apple Valley Fire Protection District Measure A, in the November 8, 2016 General Election. James Peratt is the Committee’s principal officer and Larry Soper is the Committees treasurer. The Committee, Peratt, and Soper failed to include identification of the supported ballot measure and failed to amend the Committee as being primarily formed on its Statement of Organization, in violation of Government Code Sections 84103 and 84107 (1 count); failed to timely file two pre-election campaign statements, in violation of Government Code Sections 84200.5 and 84200.8 (1 count); failed to timely file four 24-Hour Reports, in violation of Government Code Sections 84203 and 84204 (1 count); and failed to include the proper advertisement disclaimers on four different yard signs, in violation of Government Code Sections 84504, subdivision (c), 84506, subdivision (a); and Regulation 18450.4, subdivision (b) (1 count). Fine: $13,000.
In the Matter of Supporters of Daniel Billings North Orange County Community College District Board of Trustees 2016, Daniel Billings, and Sarah Billings; FPPC No. 16/85. Staff: Commission Counsel Jenna Rinehart and Special Investigator Jay Martin. Daniel Billings was an unsuccessful candidate for North Orange County Community College District Board of Trustees in the February 9, 2016 Special Election. Supporters of Daniel Billings for North Orange County Community College District Board of Trustees 2016 was his candidate-controlled committee. Sarah Billings was the Committee’s treasurer. The Committee, Billings, and Billings failed to properly report contributions of $100 or more on two pre-election campaign statements, in violation of Government Code Section 84211 (1 count), and failed to include the proper advertisement disclaimers on a mass mailing distributed by the committee prior to the election, in violation of Government Code Section 84305 (1 count). Fine: $4,000.
Campaign Related Communications at Public Expense
In the Matter of Rainbow Municipal Water District; FPPC No. 16/238. Staff: Senior Commission Counsel Bridgette Castillo and Program Specialist Patricia Ballantyne. The respondent was represented by Amber Maltbie of Nossaman, LLP. The Rainbow Municipal Water District (“District”) provides water and sanitation services to the unincorporated communities of Rainbow and surrounding areas. The District used mailers to oppose a Local Agency Formation Commission (“LAFCO”) proposal seeking to merge the District with Fallbrook Public Utility District, causing them to qualify as an Independent Expenditure Committee. The District failed to timely file two semiannual campaign statements, in violation of Government Code Section 84200 (1 count); sent a mass mailing featuring a governmental official, in violation of Government Code Section 89001 and Regulation 18901 (1 count); and sent the mass mailing at the publics expense, opposing the LAFCO proposal, in violation of Government Code Section 89001 and Regulations 18901.1 and 18420.1 (1 count). Fine: $7,000.
Surplus Funds
In the Matter of Dolores Marquez for School Board 2016, Dolores Marquez for Santa Clara County Board of Education 2014, Dolores Marquez, and Anjelica Frausto; FPPC No. 17/106. Staff: Commission Counsel Theresa Gilbertson and Special Investigator Garrett Micheels. Dolores Marquez was a successful candidate for School Board of Alum Rock Union Elementary School District in the 2016 General Election and is still in office. Dolores Marquez for School Board 2016 is her candidate-controlled committee. Anjelica Frausto is the Committees Treasurer. The Committee, Marquez, and Frausto failed to report contributions and expenditures on two pre-election campaign statements, in violation of Government Code Section 84211, subdivisions (f) and (k) (1 count), and accepted a prohibited cash contribution, in violation of Government Code Section 84300, subdivision (c) (1 count). Marquez also ran unsuccessfully for Santa Clara County Board of Education in the November 4, 2014 General Election. Dolores Marquez for Santa Clara County Board of Education 2014 was her candidate-controlled committee, and Anjelica Frausto was the Committees treasurer. The Committee, Marquez, and Frausto transferred the 2014 Committee’s surplus funds to the 2016 Committee, as a contribution, in violation of Government Code Section 89519 (1 count.) Fine: $7,000.
Default Proceedings
Default Proceedings Requesting Commission Action
In the Matter of BFO & Associates and Berman Obaldia; FPPC No. 16/724. Staff: Commission Counsel Ruth Yang. BFO & Associates was a registered lobbying firm during the 2015-2016 legislative session. Berman Obaldia was the sole principal officer and lobbyist for the firm. After the Secretary of State revoked Obaldia’s registration for failure to complete the required lobbying ethics course, he continued to provide lobbying services, in violation of Government Code Section 86103 (1 count). The Firm and Obaldia also failed to timely file its quarterly reports for quarters 1 - 8, and Obaldia’s lobbyist reports for quarters 2 - 8, in violation of Government Code Sections 86113, 86114, and 86117 (8 counts). Fine: $19,000.
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 August 15, 2019 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
In the Matter of Monica Garcia for Senate 2018, Raquel “Monica” Garcia, and Yolanda Miranda; FPPC No. 18/345. Staff: Commission Counsel Megan Van Arsdale and Special Investigator Lance Hachigian. Monica Garcia was an unsuccessful candidate for State Senate in the June 5, 2018 Primary Election. Monica Garcia for Senate 2018 is her candidate-controlled committee. Yolanda Miranda is the Committee’s treasurer. The Committee, Garcia, and Miranda failed to include the proper advertisement disclaimers on two mass mailings distributed by the committee prior to the election, in violation of Government Code Section 84506.5 (2 counts), and failed to properly report the mass mailings on a pre-election and semiannual campaign statement for the reporting periods of April 22, 2018 through May 19, 2018 and May 20, 2018 through June 30, 2018, in violation of Government Code Section 84211 (2 counts). Fine: $683.
In the Matter of Visalians for Measure A, sponsored by the Construction Industry and Jody Grove; FPPC No. 19/220. Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. Visalians for Measure A, sponsored by the Construction Industry is a local primarily formed committee. Jody Grove is the Committee’s treasurer. The Committee and Grove failed to timely file a 24-Hour Report, in violation of Government Code Section 84203 (1 count), and failed to include the proper advertisement disclaimers on a website paid for by the Committee, in violation of Government Code Section 84502 (1 count). Fine: $360.
In the Matter of Watchdog for San Clemente Responsible Govt - A Committee Formed to Oppose Dan Bane for City Council 2018 and Jeri L. Mann; FPPC No. 19/226. Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. Watchdog for San Clemente Responsible Govt - A Committee Formed to Oppose Dan Bane for City Council 2018 is a local primarily formed committee. Jeri L. Mann is the Committee’s treasurer. The Committee and Mann failed to include the proper advertisement disclaimers on a mailer distributed by the Committee prior to the November 6, 2018 General Election, in violation of Government Code Sections 84502 and 84504.2 (2 counts). Fine: $302.
Lobbying
In the Matter of California Licensed Foresters Association; FPPC No. 16/20034. Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. California Licensed Foresters Association, a lobbyist employer, failed to timely file two lobbyist employer reports for the reporting periods of July 1, 2015 through September 30, 2015 and October 1, 2015 through December 31, 2015, in violation of Government Code Section 86117 (2 counts). Total Propose Penalty: $1,100.
In the Matter of Center for Autism and Related Disorders; FPPC No. 19/407. Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Center for Autism and Related Disorders, a lobbyist employer, failed to timely file two lobbyist employer reports for the reporting periods of January 1, 2018 through March 31, 2018 and July 1, 2018 through September 30, 2018, in violation of Government Code Section 86117 (2 counts). Fine: $700.
Campaign Late Filer
In the Matter of Santos 4 Madera City Council 2018, Santos Garcia, and Violet Grimaldo; FPPC No. 19/0778. Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Santos Garcia was a successful candidate for Madera City Council in the November 6, 2018 General Election. Santos 4 Madera City Council 2018 is his candidate-controlled committee. Violet Grimaldo is the Committee’s treasurer. The Committee, Garcia, and Grimaldo failed to timely file a semiannual campaign statement for the reporting period of October 21, 2018 through December 31, 2018, in violation of Government Code Section 84200 (1 count). Fine: $274.
In the Matter of Nicole Jones for Southwestern College Board 2018, Nicole Jones, and Delano Jones; FPPC No. 19/597. Staff: Chief of Enforcement Galena West and Intake Manager Tara Stock. Nicole Jones was an unsuccessful candidate for Southwestern College Board in the November 6, 2018 General Election. Nicole Jones for Southwestern College Board 2018 is her candidate-controlled committee. Delano Jones is the Committee’s treasurer. The Committee, Jones, and Jones failed to timely file a semiannual campaign statement for the reporting period of October 21, 2018 through December 31, 2018, in violation of Government Code Section 84200 (1 count). Fine: $235.
Statement of Economic Interests Late Filer
In the Matter of Greg Pieratt; FPPC No. 18/854. Staff: Chief of Enforcement Galena West and Intake Manager Tara Stock. Greg Peiratt, a Consultant for the Vista Irrigation District, failed to timely file an Assuming Office and a 2017 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (2 counts). Fine: $800.
In the Matter of Katherine Hadidi; FPPC No. 16/20064. Staff: Commission Counsel Jenna Rinehart and Intake Manager Tara Stock. Katherine Hadidi, an Alternate Member for the Juvenile Justice Coordinating Council, failed to timely file a 2015 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $400.
In the Matter of Matthew Turner; FPPC No. 17/1143. Staff: Commission Counsel Theresa Gilbertson and Law Clerk Desirée Frietas. Matthew Turner, a Planning Commissioner for the City of Holtville, failed to timely file a 2016 Annual Statement of Economic Interests and a Leaving Office Statement of Economic Interests, in violation of Government Code 87300 (2 counts). Fine: $400.
In the Matter of Suzanne Trowbridge; FPPC No. 18/1184. Staff: Commission Counsel Jenna Rinehart and Staff Services Analyst Kimberly Rawnsley. Suzanne Trowbridge, a Consultant for Keenan and Associates, and a JPA Manager for Riverside Risk Management Authority and Riverside Schools Insurance Authority, failed to timely file a 2017 Annual Statement of Economic Interests in two different jurisdictions, in violation of Government Code Section 87300 (2 counts). Fine: $400.
In the Matter of Keshia Sexton; FPPC No. 18/1085. Staff: Chief of Enforcement Galena West and Staff Services Analyst Cheng Saetern. Keshia Sexton, a Board Member for the Baldwin Hills Conservancy, failed to timely file a 2017 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $400
In the Matter of Michael Andrioff; FPPC No. 18/681. Staff: Chief of Enforcement Galena West and Staff Services Analyst Cheng Saetern. Michael Andrioff, a Member of the Downtown Advisory Committee for the City of Oceanside, failed to timely file a 2017 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200
In the Matter of Samuel Phillips; FPPC No. 19/577. Staff: Chief of Enforcement Galena West and Staff Services Analyst Cheng Saetern. Samuel Phillips, a Consultant for the City of Monterey, failed to timely file a 2017 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200
Statement of Economic Interests Late Reporter
In the Matter of Kenneth Todd; FPPC Case No. 17/1135. Staff: Assistant Chief Counsel Angela Brereton and Special Investigator Lance Hachigian. Kenneth Todd, a member of the Redwood Valley County Water District Board of Directors, failed to timely disclose interests in business entities, real property, and sources of income on his 2014, 2016, 2017 and 2018 Annual Statements of Economic Interest, in violation of Government Code Sections 87206, 87207, 87209 and 87300 (10 counts), and failed to timely file a 2015 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $1,200.