FPPC Enforcement Decisions, December 19, 2019

FOR IMMEDIATE RELEASE                            

December 19, 2019

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 December 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, December 19, 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.

Conflict of Interest

In the Matter of Brooke Ashjian; FPPC No. 16/19903. Staff: Christopher Burton, Senior Commission Counsel; Paul Rasey, Special Investigator; and Garrett Micheels, Special Investigator. The respondent was represented by Charles H. Bell, Jr. and Sarah Lang of Bell, McAndrews & Hiltachk, LLP. Brooke Ashjian was a trustee of the Fresno Unified School District from 2014 to 2018. As a member of the Board, Ashjian made governmental decisions in which he had a financial interest, in violation of Government Code Section 87100 (4 counts). Ashjian also failed to timely disclose sources of income and interests in real property on his Assuming Office, 2015 Annual, and 2016 Annual Statements of Economic Interest, in violation of Government Code Sections 87206, 87207, and 87300 (2 counts). Fine: $23,500.

Campaign Late Filer

In the Matter of Tracy Firefighters Association PAC, Eric Oliveri, Carlos Hampton, Scott Byers, and Justin Lagasa; FPPC No. 16/757. Staff: Neal Bucknell, Senior Commission Counsel and George Aradi, Special Investigator. The respondents were represented by Lance Olson and Emily Andrews of Olson, Hagel & Fishburn, LLP. Tracy Firefighters Association PAC is a local general purpose committee, sponsored by Local 3355 Tracy Firefighters Association. In 2018, Eric Oliveri served as the Committee’s treasurer, and Scott Byers served as the Committee’s principal officer. As of 2019, Carlos Hampton is the Committee’s treasurer, and Justin Lagasa is the Committee’s principal officer. Prior to 2018, no treasurer or principal officer was designated. From 2012 through June 30, 2017, the Committee failed to timely file ten semiannual campaign statements; from July 1, 2017 through 2018, the Committee, Oliveri, and Byers failed to timely file two semiannual campaign statements; and for the reporting period ending December 31, 2018, the Committee, Hampton, and Lagasa failed to timely file one semiannual campaign statement, in violation of Government Code Section 84200, subdivision (a) (4 counts). The Committee also failed to timely file four pre-election campaign statements from 2012 through 2016, and Oliveri and Byers failed to timely file two in 2018, in violation of Government Code Sections 84200.5, subdivision (i), 84200.5, subdivision (e), 84200.7, subdivision (b), and 84200.8, subdivisions (a) and (b) (3 counts). Additionally, the Committee failed to timely file four 24-Hour Reports, in violation of Government Code Section 84203 (1 count). Fine: $25,000.

In the Matter of Re-Elect Gary Mendez for Rio Hondo College Board 2015 and Gary Mendez; FPPC No. 16/20131. Staff: Ruth Yang, Commission Counsel and Dominika Wojenska, Associate Governmental Program Analyst. Currently, Gary Mendez is a member of the Rio Hondo College Board of Trustees, and was an unsuccessful candidate for the Water Replenishment District of the Southern California Board of Directors in the November 8, 2016 General Election. Re-Elect Gary Mendez for Rio Hondo College Board 2015 was his candidate-controlled committee. The Committee and Mendez failed to timely file two pre-election campaign statements, and one semiannual campaign statement, in violation of Government Code Sections 84200, 84200.5, subdivision (a), and 84200.8 (1 count). Fine: $2,000.

 

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 December 19, 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.

 

Campaign Late Filer

In the Matter of Todd Miller for Madera County Auditor Controller 2014 and Todd Miller; FPPC No. 18/528. Staff: Galena West, Chief of Enforcement and Dominika Wojenska, Associate Governmental Program Analyst. Todd Miller was a successful candidate for Madera County Auditor-Controller in the June 5, 2018 Primary Election. Todd Miller for Madera County Auditor Controller 2014 is his candidate-controlled committee. The Committee and Miller failed to timely file four semiannual campaign statements, in violation of Government Code Section 84200 (4 counts), and two pre-election campaign statements, in violation of Government Code Section 84200.5 (2 counts). The Committee and Miller also failed to amend their statement of organization, in violation of Government Code Section 84103 (1 count). Fine: $1,420.

In the Matter of Holland White for Pittsburg City Council 2018, Holland White, and Lynn Enea; FPPC No. 19/1247. Staff: Galena West, Chief of Enforcement and Tara Stock, Intake Manager. Holland White was a successful candidate for Pittsburg City Council in the November 6, 2018 General Election. Holland White for Pittsburg City Council 2018 was his candidate-controlled committee. Lynn Enea is the Committee’s treasurer. The Committee, White, and Enea failed to timely file five 24-Hour Reports, in violation of Government Code Section 84203 (5 counts). Fine: $1,289.

In the Matter of Casas for Trustee 2016 and Laura Casas; FPPC No. 18/1118. Staff: Galena West, Chief of Enforcement and Tara Stock, Intake Manager. Laura Casas was a successful candidate for the Foothill-De Anza Community College District Board in the November 8, 2016 General Election. Casas for Trustee 2016 was her candidate-controlled committee. The Committee and Casas failed to timely two semiannual campaign statements, in violation of Government Code Section 84200 (2 counts). Fine: $400.

In the Matter of No Perello Recall Oxnard Election Committee and Bert Perello; FPPC No. 19/1316. Staff: Galena West, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Bert Perello is an Oxnard City Councilmember who was subject to a recall election on May 1, 2018. No Perello Recall Oxnard Election Committee was his candidate-controlled committee. The Committee and Perello failed to timely file one semiannual campaign statement, in violation of Government Code Section 84200 (1 count). Fine: $251.

In the Matter of Sofia Rubalcava for Ventura City Council 2018, Sofia Rubalcava, and Gabriela Rodriguez; FPPC No. 18/1342. Staff: Galena West, Chief of Enforcement and Teri Rindahl, Political Reform Consultant. Sofia Rubalcava was a successful candidate for Ventura City Council in the November 6, 2018 General Election. Sofia Rubalcava for Ventura City Council 2018 was her candidate-controlled committee. Gabriela Rodriguez was the Committee’s treasurer. The Committee, Rubalcava, and Rodriguez failed to timely file one pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $242. 

In the Matter of Bob Brunton for State Assembly 2018 and Bob Brunton; FPPC No. 18/1490. Staff: Galena West, Chief of Enforcement and Tara Stock, Intake Manager. Bob Brunton was a successful candidate for California State Assembly in the June 5, 2018 Primary Election, and an unsuccessful candidate for California State Assembly in the November 6, 2018 General Election. Bob Brunton for State Assembly 2018 was his candidate-controlled committee. The Committee and Brunton failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $200.

In the Matter of Daniel K. Denier; FPPC No. 19/1042. Staff: Galena West, Chief of Enforcement and Tara Stock, Intake Manager. Daniel Denier is a Board Member for the Galt Union High School District. Denier failed to timely file an Officeholder and Candidate Campaign Statement Short Form for 2019, in violation of Government Code Section 84206 (1 count). Fine: $200.

Campaign Late Filer and Late Reporter

In the Matter of Dodd for College Board 2018, Jeff Dodd, and Sandra J. Sims; FPPC No. 18/1290. Staff: Galena West, Chief of Enforcement and Tara Stock, Intake Manager. Jeff Dodd was an unsuccessful candidate for the College Board of Napa Valley in the November 6, 2018 General Election. Dodd for College Board 2018 is his candidate-controlled committee. Sandra J. Sims is the Committee’s treasurer. The Committee, Dodd, and Sims failed to timely disclose subvendor payments on two pre-election campaign statements, in violation of Government Code Section 84211 (2 counts), and failed to timely file a 24-Hour Report, in violation of Government Code Section 84203 (1 count). Fine: $649.

Statement of Economic Interests Late Filer

In the Matter of Paul Stevens; FPPC No. 19/214. Staff: Galena West, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Paul Stevens, as a Senior Transportation Engineer of District 7 Los Angeles, for the Department of Transportation, 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 Darryl Levine; FPPC No. 17/1162. Staff: Jenna Rinehart, Commission Counsel. Darryl Levine, a Board Member of Registered Nursing for the Department of Consumer Affairs, 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: $400.

In the Matter of Greg Eckert; FPPC No. 17/1465. Staff: Jenna Rinehart, Commission Counsel. Greg Eckert, a Planning and Economic Development Commissioner for the City of Mammoth Lakes, failed to timely file an Assuming Office and a 2018 Annual Statement of Economic Interests, in violation of Government Code Sections 87202 and 87203 (2 counts). Fine: $400.

In the Matter of Gagandip Batth; FPPC No. 18/515. Staff: Galena West, Chief of Enforcement and Cheng Saetern, Staff Services Analyst. Gagandip Batth, a Director of the Raisin City Water District, 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 Michelle Zemlicka-Stadler; FPPC No. 17/1251. Staff: Galena West, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Michelle Zemlicka-Stadler, as a Member of the Placer County Child Care Advisory Council, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.

In the Matter of Michelle Rivas; FPPC No. 18/742. Staff: Galena West, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Michelle Rivas, as a Governing Board Member of Twin Rivers Unified School District, failed to timely file a 2018 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Fine: $200.

In the Matter of William Battocchio; FPPC No. 18/448. Staff: Galena West, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. William Battocchio, as a Grand Juror of Ventura County Grand Jury, 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 Rachelle Arizmendi; FPPC No. 19/1116. Staff: Galena West, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. Rachelle Arizmendi, City Councilmember for the City of Sierra Madre, failed to timely file a 2018 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Fine: $200.

In the Matter of Marco Ruano; FPPC No. 19/211. Staff: Galena West, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Marco Ruano, as a Supervising Transportation Engineer of District 7 Los Angeles, for the Department of Transportation, 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 Andrew Redfield; FPPC No. 19/1188. Staff: Galena West, Chief of Enforcement and Shaina Elkin, Staff Services Analyst. Andrew Redfield, Animal Control Officer II for Los Angeles Animal Services, failed to timely file a 2018 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.

In the Matter of Mia Geil; FPPC No. 19/296. Staff: Galena West, Chief of Enforcement and Cheng Saetern, Staff Services Analyst. Mia Geil, Planning Commissioner for the City of Sanger, failed to timely file a 2017 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Fine: $200.

In the Matter of Reginald Smith; FPPC No. 19/573. Staff: Galena West, Chief of Enforcement and Cheng Saetern, Staff Services Analyst. Reginald Smith, a Licensing Program Analyst with the Department of Social Services, failed to timely file an Assuming Office Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.

In the Matter of Daniel Suenram; FPPC No. 19/020. Staff: Galena West, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Daniel Suenram, as a Planning Commissioner for the County of Lake, failed to timely file a 2017 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Fine: $200.

Statement of Economic Interests Late Reporter

In the Matter of Anthony Beall; FPPC No. 19/1418. Staff: Galena West, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. The respondent was represented by Chad D. Morgan of Chad D. Morgan Attorney at Law. Anthony Beall, as a City Councilmember for Rancho Santa Margarita, failed to timely report spousal income on his 2018 Annual Statement of Economic Interests, in violation of Government Code Section 87207 (1 count). Fine: $100.

In the Matter of Jennifer Beall; FPPC No. 19/1419. Staff: Galena West, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. The respondent was represented by Chad D. Morgan of Chad D. Morgan Attorney at Law. Jennifer Beall, as a District Coordinator for Assembly member Bill Brough, failed to timely report income from campaign consulting on her 2018 Annual Statement of Economic Interests, in violation of Government Code Section 87207 (1 count). Fine: $100.

In the Matter of Deborah Jyl Lutes; FPPC No. 16/20091. Staff: Megan A. Van Arsdale, Commission Counsel and George Aradi, Special Investigator. Deborah Jyl Lutes, as a City Councilmember for the City of Salinas, failed to timely disclose a gift on her 2014 Annual Statement of Economic Interests, in violation of Government Code Section 87207 (1 count). Fine: $100.