FPPC Enforcement Decisions, May 16, 2019

FOR IMMEDIATE RELEASE                            

May 16, 2019

For More Information Contact:

Jay Wierenga (916) 322-7761

.pdf version of news release

The following are enforcement decisions approved by the Fair Political Practices Commission at its regular monthly meeting held on Thursday, May 16, 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.

Additional information on each of the enforcement cases listed below can be found in the May 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.

Campaign Late Filer

In the Matter of the Committee to Elect Gus Kramer and Gus Kramer; FPPC No. 17/142.  Staff: Senior Commission Counsel Bridgette Castillo and Supervising Special Investigator Jeffrey Kamigaki. This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. The respondent was represented by Thomas A. Willis of Remcho, Johansen & Purcell. Gus Kramer was a successful candidate for re-election for Contra Costa County Assessor in the June 3, 2014 Primary Election. Committee to Elect Gus Kramer was his candidate-controlled committee. The Committee and Kramer failed to timely file nine 24-Hour Reports, in violation of Government Code Section 84203 (1 count); and failed to properly disclose a loan on a semiannual campaign statement for the reporting period of July 1, 2013 through December 31, 2013, in violation of Government Code Section 84211, subdivisions (f), (g), and (k) (1 count). Fine: $5,500.

In the Matter of Citizens for Oakland, Harold Smith, and Robert Spears; FPPC No. 16/20098.  Staff: Senior Commission Counsel Christopher Burton and Special Investigator Jay Martin. Citizens for Oakland was a primarily formed committee to support and oppose certain candidates for Mayor of Oakland in the November 4, 2014 General Election.  Robert Spears was the Committee’s principal officer and Harold Smith was the Committee’s treasurer.  The Committee, Spears, and Smith failed to identify the Committee as primarily formed on its Statement of Organization, and failed to fulfill the naming requirements for primarily formed committees, in violation of Government Code Sections 84101 and 84102, and Regulation 184502, subdivision (c)(3) (1 count); and failed to timely file a 24-Hour Report for 15 late contributions received, in violation of Government Code Section 84203 (1 count). Fine: $5,000.

Gift Over-the-Limit

In the Matter of George Dotson; FPPC No. 17/575.  Staff: Senior Commission Counsel Christopher Burton and Special Investigator Garrett Micheels. George Dotson, a member of the Inglewood City Council, accepted a gift in excess of the annual gift limit from the Los Angeles Rams in 2016, in violation of Government Code Section 89503, subdivision (a) (1 count). Fine: $2,000.

Campaign Late Filer

In the Matter of Federal Realty Investment Trust; FPPC No. 17/1456. Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. The respondent was represented by Pillsbury Winthrop Shaw Pittman LLP. Federal Realty Investment Trust is a state major donor committee. The Committee failed to timely file one semiannual campaign statement for the reporting period of January 1, 2016 through December 31, 2016, in violation of Government Code Section 84200 (1 count); and failed to timely file three 24-Hour Reports, in violation of Government Code Section 84203 (3 counts). Fine: $3,230.

In the Matter of Cerritos College Faculty Federation Committee on Political Education and Terri Alenikov; FPPC No. 17/027. Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. The respondents were represented by Olson Hagel & Fishburn LLP. Cerritos College Faculty Federation Committee on Political Education was a local general purpose committee. Terri Alenikov was the Committee's treasurer. The Committee and Alenikov failed to timely amend their Statement of Organization, in violation of Government Code Section 84103 (1 count); failed to timely file two pre-election campaign statements for the reporting periods of July 1, 2016 through September 24, 2016 and September 25, 2016 through October 22, 2016, in violation of Government Code Section 84200.5 (2 counts); failed to timely file three 24-Hour Reports, in violation of Government Code Sections 84203 and 84204 (3 counts); failed to accurately report activity on two semiannual campaign statements for the reporting periods of July 1, 2015 through December 31, 2015 and January 1, 2016 through June 30, 2016, in violation of Government Code Section 84211 (2 counts); and failed to timely file a 10-Day Report, in violation of Government Code Section 84213 (1 count). Fine: $2,274.

In the Matter of Craig Steckler for Assembly 2014, Craig Steckler, and Linda Perry; FPPC No. 16/15633. Staff: Senior Commission Counsel Neal Bucknell, Commission Counsel Jenna Rinehart and Special Investigator Ann Flaherty. Craig Steckler was an unsuccessful candidate for Assembly District 25 in the June 3, 2014 Primary Election. Craig Steckler for Assembly 2014 was his candidate-controlled committee.  Linda Perry was the Committee’s treasurer.  The Committee, Steckler, and Perry failed to timely file eight semiannual campaign statements for the reporting periods during January 1, 2015 through December 31, 2018, in violation of Government Code Section 84200 (8 counts).  Fine: $1,706.

In the Matter of the Committee for SB 277 Referendum and Tim Donnelly; FPPC No. 15/1542. Staff: Senior Commission Counsel Bridgette Castillo and Special Investigator Jay Martin. The Committee for SB 277 Referendum was a state primarily formed committee in support of Senate Bill 277, that was signed into law on June 30, 2015. Tim Donnelly was the Committee’s treasurer. The Committee and Donnelly failed to timely and properly disclose contributor information on a semiannual campaign statement for the reporting period of July 1, 2015 through September 30, 2015, in violation of Government Code Section 84211, subdivision (f) (1 count); and failed to timely file four 10-Day Reports, in violation of Government Code Section 85309, subdivision (c) (4 counts). Fine: $1,449.

In the Matter of Munoz for Division 1 Water District 2016 and Kenneth P. Munoz; FPPC No. 16/19839. Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. Kenneth P. Munoz was an unsuccessful candidate for Yucaipa Valley Water District Director in the November 8, 2016 General Election. Munoz for Division 1 Water District 2016 was his candidate-controlled committee. The Committee and Munoz failed to timely file five 24-Hour Reports, in violation of Government Code Section 84203 (5 counts). Fine: $1,110.

In the Matter of Phil Loos for Simi Valley City Council 2018, Phil Loos, and Theresa Loos; FPPC No. 18/824. Staff: Chief of Enforcement Galena West and Staff Services Analyst Shaina Elkin. Phil Loos was an unsuccessful candidate for Simi Valley City Council in the November 6, 2018 General Election. Phil Loos for Simi Valley City Council 2018 is his candidate-controlled committee. Theresa Loos is the Committee’s treasurer. The Committee, Loos and Loos failed to timely file a pre-election campaign statement for the reporting period of January 1, 2018 through September 22, 2018, 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: $791.

In the Matter of Mexican American Ladies Society (“MALAS”) PAC; FPPC No. 19/422. Staff: Chief of Enforcement Galena West and Intake Manager Tara Stock. MALAS PAC is a state general purpose committee. The Committee 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); failed to timely file a pre-election campaign statement for the reporting period of July 1, 2018 through September 22, 2018, 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: $791.

In the Matter of Friends and Neighbors to Elect Robert Varich, Trustee, Campbell Union High School 2018, Robert Varich, and Cyndi Varich; FPPC No. 18/926. Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. Robert Varich was a successful candidate for Campbell Union High School District Board in the November 6, 2018 General Election. Friends and Neighbors to Elect Robert Varich, Trustee, Campbell Union High School 2018 is his candidate-controlled committee. Cyndi Varich is the Committee’s treasurer. The Committee, Varich, and Varich failed to timely file two 24-Hour Reports, in violation of Government Code Section 84203 (2 counts), and failed to timely report activity on a pre-election campaign statement for the reporting period of January 1, 2018 through September 22, 2018, in violation of Government Code Section 84211 (1 count). Fine: $699.

In the Matter of Hugo Jimenez for Berryessa School Board 2018, Hugo Jimenez, and Ezequiel Mendoza; FPPC No. 18/931. Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. Hugo Jimenez was a successful candidate for Berryessa Union School Board in the November 6, 2018 General Election. Hugo Jimenez for Berryessa School Board 2018 is his candidate-controlled committee. Ezequiel Mendoza is the Committee’s treasurer. The Committee, Jimenez, and Mendoza failed to timely file a pre-election campaign statement for the reporting period of September 23, 2018 through October 20, 2018, 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: $685.

In the Matter of Richard C. Engel for PH Board Campaign Committee 2018, Richard C. Engel, and Gary Felien; FPPC No. 18/1068. Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. Richard C. Engel was a successful candidate for Palomar Health Board in the November 6, 2018 General Election. Richard C. Engel for PH Board Campaign Committee 2018 is his candidate-controlled committee. Gary Felien is the Committee’s treasurer. The Committee, Engel, and Felien failed to timely file two 24-Hour Reports, in violation of Government Code Section 84203 (2 counts); and failed to timely report activity on a pre-election campaign statement for the reporting period of January 1, 2018 through September 22, 2018, in violation of Government Code Section 84211 (1 count). Fine: $668.

In the Matter of Maria Fuentes for Trustee 2018 and Maria Fuentes; FPPC No. 18/939. Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. Maria Fuentes was a successful candidate for San Jose-Evergreen Community College Board in the November 6, 2018 General Election. Maria Fuentes for Trustee 2018 is her candidate-controlled committee. The Committee and Fuentes failed to timely file three 24-Hour Reports, in violation of Government Code Section 84203 (3 counts). Fine: $640.

In the Matter of Wermers for School Board 2018, Michael P. Wermers, and Cindy Wermers; FPPC No. 18/949. Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. Michael P. Wermers was an unsuccessful candidate for Torrance Unified School Board in the November 6, 2018 General Election. Wermers for School Board 2018 is his candidate-controlled committee. Cindy Wermers is the Committee’s treasurer. The Committee, Wermers, and Wermers failed to timely file a pre-election campaign statement for the reporting period of July 1, 2018 through September 22, 2018, 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: $517.

In the Matter of Marco Amaral for South Bay Union School District Board of Trustees 2018, Marco Amaral, and Gretel Rodriguez; FPPC No. 18/894. Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. Marco Amaral was a successful candidate for South Bay Union School District Board of Trustees in the November 6, 2018 General Election. Marco Amaral for South Bay Union School District Board of Trustees 2018 is his candidate-controlled committee. Gretel Rodriguez is the Committee’s treasurer. The Committee, Amaral, and Rodriguez failed to timely file a pre-election campaign statement for the reporting period of July 1, 2018 through September 22, 2018, 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: $451.

In the Matter of Janet Lawson for Redwood City School Board 2015, Janet Lawson, and Tim Lawson; FPPC No. 19/051. Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Janet Lawson was a successful candidate for Redwood City School Board in the November 3, 2015 General Election. Janet Lawson for Redwood City School Board 2015 was her candidate-controlled committee. Tim Lawson was the Committee’s treasurer. The Committee, Lawson, and Lawson failed to timely file two semiannual campaign statements for the reporting periods of January 1, 2016 through June 30, 2016 and July 1, 2016 through December 31, 2016, in violation of Government Code Section 84200 (2 counts). Fine: $400.

In the Matter of Re-Elect Mayor Rich Tran, Richard Tran, and Justin Lardinois; FPPC No. 19/346. Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Richard Tran was a successful candidate for Mayor of Milpitas in the November 6, 2018 General Election. Re-Elect Mayor Rich Tran is his candidate-controlled committee. Justin Lardinois is the Committee’s treasurer. The Committee, Tran, and Lardinois 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: $342.

In the Matter of 201 Wilshire, Inc.; FPPC No. 17/1457. Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. 201 Wilshire, Inc. is a local major donor committee in the City of Santa Monica. The Committee failed to timely file a 24-Hour Report, in violation of Government Code Section 84203 (1 count). Fine: $300. 

In the Matter of Juan Alanis for Sheriff 2018, Juan Alanis, and Camilla Carrillo; FPPC No. 19/405. Staff: Chief of Enforcement Galena West and Political Reform Consultant Ginny Lambing. Juan Alanis was an unsuccessful candidate for Stanislaus County Sheriff in the June 5, 2018 Primary Election. Juan Alanis for Sheriff 2018 is his candidate-controlled committee. Camilla Carrillo is the Committee’s treasurer. The Committee, Alanis and Carrillo failed to timely file a semiannual campaign statement for the reporting period of July 1, 2018 through December 31, 2018, in violation of Government Code Section 84200 (1 count). Fine: $271.

In the Matter of Whitaker for Oakland City Council 2018, Mya Whitaker, and Victoria Gurrola; FPPC No. 18/851. Staff: Chief of Enforcement Galena West and Staff Services Analyst Shaina Elkin. Mya Whitaker was an unsuccessful candidate for Oakland City Council in the November 6, 2018 General Election. Whitaker for Oakland City Council 2018 is her candidate-controlled committee. Victoria Gurrola is the Committee’s treasurer. The Committee, Whitaker and Gurrola failed to timely file a pre-election campaign statement for the reporting period of July 1, 2018 through September 22, 2018, in violation of Government Code Section 84200.5 (1 count). Fine: $263.

In the Matter of Committee to Elect Jennifer Harris for Fullerton School Board 2018 and Jennifer Harris; FPPC No. 19/273. Staff: Chief of Enforcement Galena West and Intake Manager Tara Stock. Jennifer Harris was an unsuccessful candidate for Fullerton School Board in the November 6, 2018 General Election. Committee to Elect Jennifer Harris for Fullerton School Board 2018 is her candidate-controlled committee. The Committee and Harris failed to timely file a pre-election campaign statement for the reporting period of September 23, 2018 through October 20, 2018, in violation of Government Code Section 84200.5 (1 count). Fine: $247.

In the Matter of Kern County Citizens Against Pot Shops and Keith Lawless; FPPC No. 18/1218. Staff: Chief of Enforcement Galena West and Staff Services Analyst Shaina Elkin. Kern County Citizens Against Pot Shops is a local primarily formed committee that opposed Measure O in the November 6, 2018 General Election. Keith Lawless is the Committee’s treasurer. The Committee and Lawless failed to timely file a pre-election campaign statement for the reporting period of September 23, 2018 through October 20, 2018, in violation of Government Code Section 84200.5 (1 count). Fine: $200.

Campaign Late Reporter

In the Matter of Cooper for Council 2018, Barry Cooper, and Gary Crummitt; FPPC No. 19/325. Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Barry Cooper was a successful candidate for Tustin City Council in the November 6, 2018 General Election. Cooper for Council 2018 is his candidate-controlled committee. Gary Crummitt is the Committee’s treasurer. The Committee, Cooper, and Crummitt failed to timely report expenditure information on a pre-election campaign statement for the reporting period of September 23, 2018 through October 20, 2018, in violation of Government Code Section 84211 (1 count). Fine: $230.

In the Matter of Karen Martinez for SJCC/EVC Board of Trustees 2018, Karen Martinez, and Huascar Castro; FPPC No. 18/933. Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. Karen Martinez was a successful candidate for San Jose-Evergreen Community College Board of Trustees in the November 6, 2018 General Election. Karen Martinez for SJCC/EVC Board of Trustees 2018 is her candidate-controlled committee. Huascar Castro is the Committee’s treasurer. The Committee, Martinez, and Castro failed to timely report contribution and expenditure information on a pre-election campaign statement for the reporting period of September 23, 2018 through October 20, 2018, in violation of Government Code Section 84211 (1 count). Fine: $210.

In the Matter of Re-Elect Herb Perez for City Council 2015, Herb Perez, and Reina Perez; FPPC No. 17/16. Staff: Commission Counsel Ruth Yang and Special Investigator Lance Hachigian. Herb Perez was a successful candidate for Foster City Council in the November 3, 2015 General Election. Re-Elect Herb Perez for City Council 2015 was his candidate-controlled committee. Reina Perez was the Committee’s treasurer. The Committee, Perez, and Perez failed to timely report an expenditure on a semiannual campaign statement for the reporting period of October 18, 2015 through December 31, 2015, in violation of Government Code Section 84211 (1 count). Fine: $128.

Statement of Economic Interests Late Filer

In the Matter of Roman Reed; FPPC No. 17/1100. Staff: Commission Counsel Michael W. Hamilton. Roman Reed, a Planning Commissioner for the City of Fremont, failed to timely file a 2016 and 2017 Statement of Economic Interests, in violation of Government Code Section 87203 (2 counts). Fine: $1,200.

In the Matter of Derek Pool; FPPC No. 17/1033. Staff: Commission Counsel Megan A. Van Arsdale. Derek Pool, a Senior Transportation Engineer of District 4 in Oakland with the California Department of Transportation, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $400.

In the Matter of Hilda Rodriguez; FPPC No. 19/311. Staff: Chief of Enforcement Galena West and Intake Manager Tara Stock. Hilda Rodriguez, a Planning Commissioner for the City of Industry, failed to timely file an Assuming Office Statement of Economic Interests, in violation of Government Code Section 87202 (1 count). Fine: $200.

In the Matter of Muniyapla Rajappa; FPPC No. 18/674. Staff: Commission Counsel Jenna Rinehart. Muniyapla Rajappa, a Staff Psychologist with California Correctional Health Care Services, 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 Anissa Davis; FPPC No. 17/502. Staff: Commission Counsel Jenna Rinehart. Anissa Davis, a City Health Officer with the California Health and Human Services Agency, 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 Sandra Bolin; FPPC No. 18/669.  Staff: Commission Counsel Jenna Rinehart. Sandra Bolin, a Staff Services Manager I with California Correctional Health Care Services, 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 Linda Robinette; FPPC No. 19/287. Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Linda Robinette, a Planning Commissioner for the City of Susanville, 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 Lewis Yee; FPPC No. 19/232. Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Lewis Yee, a Senior Transportation Engineer of District 7 in Los Angeles with the California 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 Leah Faurbo; FPPC No. 18/670. Staff: Commission Counsel Jenna Rinehart. Leah Faurbo, a Clinical Psychologist with California Correctional Health Care Services, 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 Cathy Wilson; FPPC No. 18/492. Staff: Chief of Enforcement Galena West and Staff Services Analyst Cheng Saetern. Cathy Wilson, a Board Member for Mother Lode Union School District, 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 Kelly Long; FPPC No. 16/19826. Staff: Commission Counsel Megan Van Arsdale. Kelly Long, a Supervisor on the Board of Supervisors for the County of Ventura, failed to timely disclose her business position, spousal income, and investment interests in stocks on her 2016 Candidate Statement of Economic Interests, in violation of Government Code Sections 87207 and 87209 (3 counts). Fine: $600.

In the Matter of D’Lynda Fischer; FPPC No. 19/310. Staff: Chief of Enforcement Galena West and Intake Manager Tara Stock. D’Lynda Fischer, a City Council Member for the City of Petaluma, failed to timely disclose two sources of income on her 2018 Candidate Statement of Economic Interests, in violation of Government Code Section 87207 (2 counts). Fine: $200.