FPPC Enforcement Decisions, February 18, 2021
FOR IMMEDIATE RELEASE
February 18, 2021
For More Information Contact:
Jay Wierenga (916) 322-7761
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.
I. The following are enforcement decisions approved by the Fair Political Practices Commission at its regular monthly meeting held on Thursday, February 18, 2021. 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 Bank Account
In the Matter of Re-Elect Liz Kniss for City Council 2016 and Liz Kniss; FPPC No. 17/114. Staff: Bridgette Castillo, Senior Commission Counsel and Roone Petersen, Special Investigator. The respondents were represented by Gary Winuk of Kaufman Legal Group. Liz Kniss was a successful candidate for Palo Alto City Council in the November 8, 2016 General Election. Re-Elect Liz Kniss for City Council 2016 was her candidate-controlled committee. Tom Collins was the Committee treasurer. Collins passed away and is not named as a respondent. The Committee and Kniss failed to maintain the use of one campaign bank account, in violation of Government Code Section 85201 (1 count), and failed to timely disclose all required employers and/or occupations of contributors, in violation of Government Code Section 84211, subdivisions (f)(3) and (f)(4) (1 count). Fine: $4,500.
Advertisements and Campaign Late Filer
In the Matter of National United Farm Workers Political Action Committee and Armando Elenes; FPPC No. 18/1352. Staff: Jenna C. Rinehart, Commission Counsel. National United Farm Workers Political Action Committee is a state general purpose committee. Armando Elenes was the Committee’s treasurer. The Committee and Elenes failed to timely file eight semi-annual campaign statements and one preelection campaign statement in electronic and paper format, in violation of Government Code Sections 84200, 84200.5, 84200.8, and 84605 (2 counts); and failed to timely file thirteen 24-hour reports, in violation of Government Code Section 84204 (1 count). Fine: $6,500.
In the Matter of Oceano 911 Committee for Measure A-20, Beverly Davide, and Karen White; FPPC No. 20/135. Staff: Jenna C. Rinehart, Commission Counsel. Oceano 911 Committee for Measure A-20 was a local ballot measure committee primarily formed to support the approval of Measure A-20, a parcel tax measure on the March 3, 2020 Primary Election ballot. Beverly Davide was the Committee’s treasurer and Karen White was the Committee’s assistant treasurer, responsible for completing and filing the Committee’s campaign statements. The Committee, Davide, and White failed to timely file a preelection campaign statement and two 24-hour reports, in violation of Government Code Sections 84200.5, 84200.8 and 84203 (1 count). Fine: $2,500.
Default Proceedings
In the Matter of Yarbrough for Val Verde School Board 2014 and D. Shelly Yarbrough; FPPC 16/117. Staff: Michael W. Hamilton, Commission Counsel. D. Shelly Yarbrough was a successful candidate for Val Verde School Board in the November 4, 2014 General Election. Yarbrough for Val Verde School Board 2014 was her candidate-controlled committee. The Committee and Yarbrough failed to timely file seven semi-annual campaign statements, in violation of Government Code Section 84200 (7 counts), and failed to pay the annual fee and late penalty to the Secretary of State in 2014, 2016, 2017, and 2018, in violation of Government Code Section 84101.5 (4 counts). Fine: $21,800.
In the Matter of Recall Pan and Katherine Duran; FPPC No. 17/925. Staff: Theresa Gilbertson, Senior Commission Counsel and Roone Petersen, Special Investigator. Recall Pan was a state committee primarily formed to support the recall of Richard Pan, State Senator for the 6th District. Katherine Duran served as the Committee’s treasurer and principal officer. The Committee and Duran failed to disclose contributor information on a semi-annual campaign statement, in violation of Government Code Section 84211, subdivision (f) (1 count), and failed to file two semi-annual campaign statements, in violation of Government Code Section 84200 (2 counts). Fine: $9,000.
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 February 18, 2021 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
In the Matter of Lyft, Inc.; FPPC No. 20/678. Staff: Christopher Burton, Assistant Chief of Enforcement. The respondent was represented by Darrin Lim of Politicom Law LLP. Lyft, Inc. was a major donor committee in 2020 that paid for certain advertisements supporting State Proposition 22 prior to the November 3, 2020 General Election. Lyft, Inc. failed to include the proper advertisement disclosures on electronic media and text message advertisements, in violation of Government Code Sections 84502 and 84504.7 (3 counts). Fine: $3,371.
In the Matter of Turlock Firefighters PAC, Jason Bernard, and Mike Harcksen; FPPC No. 18/222. Staff: Megan A. Van Arsdale, Commission Counsel and Roone Petersen, Special Investigator. Turlock Firefighters PAC is a local general purpose committee that was active in the November 6, 2018 General Election. Mike Harcksen was the Committee’s principal officer and Jason Bernard was the treasurer. The Committee and Bernard failed to timely file three 24-hour reports, in violation of Government Code Section 84204 (3 counts). The Committee and Harcksen failed to include the proper advertisement disclosures on a mailer, yard sign, and electronic advertisements, in violation of Government Code Sections 84502 and 84506.5 (7 counts). Fine: $1,871.
In the Matter of San Jose Police Officer’s Association PAC and Paul Kelly; FPPC No. 20/828. Staff: David E. Castro, Commission Counsel and Jay Martin, Special Investigator. San Jose Police Officer’s Association PAC is a local general purpose committee. Paul Kelly was the Committee’s assistant treasurer and principal officer. The Committee and Kelly failed to include the proper advertisement disclosures on banner-style electronic media advertisement, in violation of Government Code Section 84504.3(b)(1) (1 count). Fine: $149.
In the Matter of Thiara for Supervisor 2020 and Sarb Thiara, FPPC No. 21/016. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Sarb Thiara was an unsuccessful candidate for Sutter County Supervisor in the November 3, 2020 General Election. Thiara for Supervisor 2020 is his candidate-controlled committee. The Committee and Thiara failed to include the proper advertisement disclosures on a mass mailing, in violation of Government Code Section 84305 (1 count). Fine: $115.
Campaign Late Filer
In the Matter of Jamela Smith Folds for School Board 2020, Jamela Smith Folds, and Cameron Folds; FPPC No. 21/018. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Jamela Smith Folds was a successful candidate for West Contra Costa Unified School Board in the November 3, 2020 General Election. Jamela Smith Folds for School Board 2020 is her candidate-controlled committee. Cameron Folds is the Committee’s treasurer. The Committee, Smith Folds, and Folds failed to timely file a preelection campaign statement, in violation of Government Code Section 84200.5 (1 count), and failed to file two 24-hour reports, in violation of Government Code Section 84203 (2 counts). Fine: $800.
In the Matter of Harry Wiener for West County Wastewater Board - 2020; FPPC No. 21/022. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Harry Wiener was a successful candidate for West County Wastewater Board in the November 3, 2020 General Election. Harry Wiener for West County Wastewater Board - 2020 is his candidate-controlled committee. The Committee and Wiener failed to timely file two preelection campaign statements, in violation of Government Code Section 84200.5 (2 counts), and failed to file a 24-hour report, in violation of Government Code Section 84203 (1 count). Fine: $675.
In the Matter of Republican Party of Orange County and Erik Weigand; FPPC No. 21/039. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. The respondents were represented by Ashlee Titus of Bell, McAndrews & Hiltachk, LLP. Republican Party of Orange County is a state general purpose political party committee. Erik Weigand is the Committee’s treasurer. The Committee and Weigand failed to timely file a 24-hour report, in violation of Government Code Section 84203 (1 count). Fine: $550.
In the Matter of Antonio Martinez for Contra Costa Water District Director 2020 and Antonio Martinez; FPPC No. 21/014. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Antonio Martinez was a successful candidate for Contra Costa Water District Director in the November 3, 2020 General Election. Antonio Martinez for Contra Costa Water District Director 2020 is his candidate-controlled committee. The Committee and Martinez failed to timely file a preelection campaign statement, in violation of Government Code Section 84200.5 (1 count), and failed to file a 24-hour report, in violation of Government Code Section 84203 (1 count). Fine: $451.
In the Matter of Tom DuBois and DuBois for City Council 2018; FPPC No. 20/872. Staff: Angela Brereton, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Tom DuBois was a successful candidate for Palo Alto City Council in the November 6, 2018 General Election. DuBois for City Council 2018 is his candidate-controlled committee. The Committee and DuBois failed to timely file two semi-annual campaign statements, in violation of Government Code Section 84200 (2 counts). Fine: $402.
In the Matter of Barrios for Orange City Council 2020, Arianna Barrios, and Lysa Ray; FPPC No. 21/049. Staff: Angela Brereton, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. Arianna Barrios was a successful candidate for Orange City Council in the November 3, 2020 General Election. Barrios for Orange City Council 2020 was her candidate-controlled committee. Lysa Ray was the Committee’s treasurer. The Committee, Barrios, and Ray failed to timely file a 24-hour report, in violation of Government Code Section 84203(1 count). Fine: $230.
In the Matter of Spellman 4 CCUSD Schools Governing Board Member Culver City Unified School District November 2020 and Tiffany Spellman; FPPC No. 21/029. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Tiffany Spellman was an unsuccessful candidate for Culver City Unified School Board in the November 3, 2020 General Election. Spellman 4 CCUSD Schools Governing Board Member Culver City Unified School District November 2020 is her candidate-controlled committee. The Committee and Spellman failed to timely file a preelection campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $220.
In the Matter of Elect Sahota for Selma Unified School Area 2, 2020 and Narinder Sahota; FPPC No. 21/048. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Narinder Sahota was a successful candidate for Selma Unified School Board in the November 3, 2020 General Election. Elect Sahota for Selma Unified School Area 2, 2020 is his candidate-controlled committee. The Committee and Sahota failed to timely file a 24-hour report, in violation of Government Code Section 84203 (1 count). Fine: $220.
Statement of Economic Interests Late Filer
In the Matter of Erick Rivera; FPPC No. 19/1211. Staff: Angela Brereton, Chief of Enforcement and Amber Burnside, Assistant Political Reform Consultant. Erick Rivera, an Arts Instructor I for the Department of Cultural Affairs for the City of Los Angeles, failed to timely file a 2017 and 2018 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (2 counts). Fine: $400.
In the Matter of Teresa Keng; FPPC No. 19/1401. Staff: Angela Brereton, Chief of Enforcement and Amber Burnside, Assistant Political Reform Consultant. Teresa Keng, a member of the Freemont City Council, failed to timely file an Assuming Office Statement of Economic Interests, in violation of Government Code Section 87202 (1 count). Fine: $200.
Statement of Economic Interests Late Reporter
In the Matter of Donald Parris; FPPC No. 20/604. Staff: Jenna C. Rinehart, Commission Counsel and Lance M. Hachigian, Special Investigator. Donald Parris, a member of the California City Council, failed to timely report an interest in real property on his 2019 Annual Statement of Economic Interests, in violation of Government Code Section 87206 (1 count). Fine: $100.