FPPC Enforcement Decisions, January 21, 2021

FOR IMMEDIATE RELEASE

January 21, 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 January 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, January 21, 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 Committee to Elect Dr. Kumar 4 BOS CCC District 4 - 2018, Committee to Elect Dr. Kumar for Assembly (District 14) 2016, Harmesh Kumar, and Alex Cardoso; FPPC Nos. 18/590 and 18/777. Staff: Theresa Gilbertson, Senior Commission Counsel and Roone Petersen, Special Investigator. FPPC No. 18/777 concerning the 2016 Committee arose from an audit performed by the Franchise Tax Board's Political Reform Audit Program. Harmesh Kumar was an unsuccessful candidate for Assembly District 14 and Contra Costa County Board of Supervisors in the June 2016 and June 2018 Primary Elections, respectively. Both committees were candidate-controlled, and Alex Cardoso was the treasurer for the 2016 Committee. The 2016 Committee, Kumar, and Cardoso failed to timely file a pre-election campaign statement, in violation of Government Code Sections 84200.5 and 84200.8 (1 count); failed to utilize one designated campaign bank account, in violation of Government Code Section 85201 (1 count); and accepted cash contributions and made payments in cash of more than $100, in violation of Government Code Section 84300 (1 count). The 2018 Committee and Kumar failed to timely file a pre-election campaign statement, in violation of Government Code Sections 84200.5 and 84200.8 (1 count). Fine: $10,000.

In the Matter of Kayla Jones for Seaside City Council 2016, Kayla Jones, and Ryan Gibson; FPPC No. 18/1090. Staff: Ruth Yang, Senior Commission Counsel and Lance Hachigian, Special Investigator. Kayla Jones was an unsuccessful candidate for Mayor of Seaside in the November 6, 2018 General Election. Kayla Jones for Seaside City Council 2016 was her candidate-controlled committee. Ryan Gibson was the Committee’s treasurer. The Committee, Jones, and Gibson failed to open a separate controlled committee and separate campaign bank account in connection with Jones’s 2018 candidacy for Mayor, in violation of Government Code Sections 84101, 85201 and Regulation 18521 (1 count); failed to timely file three semi-annual campaign statements, in violation of Government Code Section 84200 (1 count); and failed to timely file two 24-hour reports, in violation of Government Code Section 84203 (1 count). Fine: $5,500.

Campaign Contribution Limits

In the Matter of Esau Herrera for Assembly 2016, Esau Herrera, and Rebecca Rivera; FPPC No. 17/849. Staff: Theresa Gilbertson, Senior Commission Counsel and Ann Flaherty, Special Investigator. Esau Herrera was an unsuccessful candidate for Assembly District 27 in the June 7, 2016 Primary Election. Esau Herrera for Assembly 2016 was his candidate-controlled committee. Rebecca Rivera was the Committee’s treasurer. The Committee, Herrera, and Rivera failed to timely file a pre-election campaign statement and two semi-annual campaign statements, in violation of Government Code Sections 84200.5 and 84200 (1 count). Additionally, the Committee, Herrera, and Rivera accepted an over the limit contribution, in violation of Government Code Section 85301, subdivision (a) and Regulation 18545, subdivision (c) (1 count). Fine: $5,000.

Conflict of Interests

In the Matter of Karson Klauer; FPPC No. 17/1313. Staff: Christopher Burton, Senior Commission Counsel and George Aradi, Special Investigator. The respondent was represented by Paul Rovella of JRG Attorneys at Law. Karson Klauer was a City Councilmember and Vice-Mayor for the City of Hollister from 2014 to 2018. As a public official, Klauer made a governmental decision in which he had a financial interest, in violation of Government Code Section 87100 (1 count). Klauer also failed to timely disclose a source of income on his 2015 Annual and 2016 Annual Statements of Economic Interest, in violation of Government Code Sections 87200 and 87207 (1 count). Fine: $5,500.

Statement of Economic Interests Late Filer

In the Matter of Carl Schuster; FPPC No. 19/1099. Staff: Jenna C. Rinehart, Commission Counsel. Carl Schuster, a Commissioner for the California Travel and Tourism Commission, failed to timely file a 2018 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $1,000.

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 January 21, 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.

Campaign Late Filer

In the Matter of Olsen for Senate 2018, Kristin M. Olsen, and Sally Olsen; FPPC No. 20/405. Staff: Angela Brereton, Chief of Enforcement and Dominika Wojenska, Associate Governmental Program Analyst. This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. Kristin M. Olsen was a successful candidate for Stanislaus County Supervisor in the June 7, 2016 Primary Election. Olsen for Senate 2018 was her candidate-controlled committee. Sally Olsen was the Committee’s treasurer. The Committee, Kristin M. Olsen, and Sally Olsen failed to timely file two preelection campaign statements, in violation of Government Code Section 84200.5 (2 counts). Fine: $1,358.

In the Matter of Rick Jennings for City Council 2018, Rick Jennings, and Shawnda Deane; FPPC No. 20/766. Staff: Angela Brereton, Chief of Enforcement and Dominika Wojenska, Associate Governmental Program Analyst. Rick Jennings was a successful candidate for Sacramento City Council in the June 5, 2018 Primary Election. Rick Jennings for City Council 2018 was his candidate-controlled committee. Shawnda Deane was the Committee’s treasurer. The Committee, Jennings, and Deane failed to timely file five 24-hour reports, in violation of Government Code Section 84203 (5 counts). Fine: $1,101.

In the Matter of Roman A. Reyna for City Council 2018, Roman Reyna, and Sandra Perez; FPPC No. 18/1280. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Roman Reyna was a successful candidate for Santa Ana City Council in the November 6, 2018 General Election. Roman A. Reyna for City Council 2018 was his candidate-controlled committee. Sandra Perez was the Committee’s treasurer. The Committee, Reyna, and Perez failed to timely file two preelection campaign statements, in violation of Government Code Section 84200.5 (2 counts); failed to timely file a semi-annual campaign statement, in violation of Government Code Section 84200 (1 count); and failed to file a 24-hour report, in violation of Government Code Section 84203 (1 count). Fine: $1,042.

In the Matter of Scott Alvord for Roseville City Council 2016, Scott Alvord, and Karen Alvord; FPPC No. 20/1056. Staff: Angela Brereton, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. Scott Alvord was a successful candidate for Roseville City Council in the November 8, 2016 General Election. Scott Alvord for Roseville City Council 2016 was his candidate-controlled committee. The Committee and Alvord failed to timely file three semi-annual campaign statements, in violation of Government Code Section 84200 (3 counts). Fine: $611.

In the Matter of Sierra for California State Senate 2018, Ruben Sierra, and Albertina Maribel Nolasco; FPPC No. 18/577. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Ruben Sierra was an unsuccessful candidate for California State Senate in the June 5, 2018 Primary Election. Sierra for California State Senate 2018 was his candidate-controlled committee. Albertina Maribel Nolasco was the Committee’s treasurer. The Committee, Sierra, and Nolasco failed to timely file two preelection campaign statements, in violation of Government Code Section 84200.5 (2 counts). Fine: $473.

In the Matter of Steve Bird for Mayor 2020 and Steve Bird; FPPC No. 20/1052. Staff: Angela Brereton, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Steve Bird was a successful candidate for Mayor of Dixon in the November 3, 2020 General Election. Steve Bird for Mayor 2020 was his candidate-controlled committee. The Committee and Bird failed to timely file a 24-hour report, in violation of Government Code Section 84203 (1 count). Fine: $230.

In the Matter of Vikki Chavez for County Board of Education Nov 2020, Vikki Chavez, and Jane Emanuel; FPPC No. 20/1125. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Vikki Chavez was an unsuccessful candidate for Contra Costa County Board of Education in the November 3, 2020 General Election. Vikki Chavez for County Board of Education Nov 2020 is her candidate-controlled committee. Jane Emanuel is the Committee’s treasurer. The Committee, Chavez, and Emanuel failed to timely file a preelection campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $223.

Statement of Economic Interests Late Filer

In the Matter of Armando Espinoza; FPPC No. 18/519. Staff: Jenna C. Rinehart, Commission Counsel. The respondent was represented by Gary Winuk of Kaufman Legal Group. Armando Espinoza, as a Commission Member for the Green Vernon Commission, failed to timely file a 2016 Annual, 2017 Annual, and a Leaving Office Statement of Economic Interests, in violation of Government Code Section 87300 (3 counts). Fine: $1,200.

In the Matter of Siva Gunda; FPPC No. 20/723. Staff: Angela Brereton, Chief of Enforcement and Amber Burnside, Assistant Political Reform Consultant. Siva Gunda, a Deputy Director for the California Energy Commission, failed to timely file a 2019 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $400.

In the Matter of Reid Milanovich; FPPC No. 20/688. Staff: Angela Brereton, Chief of Enforcement and Amber Burnside, Assistant Political Reform Consultant. Reid Milanovich, a Board Member for the Coachella Valley Mountains Conservancy, failed to timely file an Assuming Office 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 Phil Brock; FPPC No. 20/882. Staff: Angela Brereton, Chief of Enforcement and Political Reform Consultant, Chloe Hackert. The respondent was represented by Beverly Grossman Palmer of Strumwasser Woocher, LLP. Phil Brock, as a Candidate for Santa Monica City Council in the November 3, 2020 General Election, failed to timely report an interest in real property and two business positions on his Candidate Statement of Economic Interests, in violation of Government Code Sections 87206 and 87207 (3 counts). Fine: $300.

In the Matter of Ronald Smith; FPPC No. 20/603. Staff: Jenna C. Rinehart, Commission Counsel, and Lance M. Hachigian, Special Investigator. Ronald Smith, as a member of the City Council for California City, failed to timely report two interests in real property on his 2019 Annual Statement of Economic Interests, in violation of Government Code Section 87206 (2 counts). Fine: $200.