FPPC Enforcement Decisions, November 18, 2021

FOR IMMEDIATE RELEASE

November 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 November 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, November 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 Contribution Limits

In the Matter of Barry Chang for Assembly 2016 and Barry Chang; FPPC No. 16/446. Staff: Ruth Yang, Senior Commission Counsel. The respondents entered into a tolling agreement with the Enforcement Division, which was effective as of July 19, 2020, regarding the applicable statutes of limitations. The respondents were represented by Gary Winuk of Kaufman Legal Group LLP. Barry Chang was an unsuccessful candidate for District 24 of the California State Assembly in the June 7, 2016 Primary Election. Barry Chang for Assembly 2016 was Chang’s candidate-controlled committee. The Committee and Chang failed to timely file 35 10-day reports, in violation of Government Code Section 85309, subdivision (c) (3 counts); failed to timely disclose complete contributor information, in violation of Government Code Section 84211, subdivision (f) (1 count); failed to timely file four 24-hour reports, in violation of Government Code Section 84203 (1 count); and accepted aggregated contributions that exceeded the campaign contribution limit, in violation of Government Code Section 85301, subdivision (a), and Regulation 18545, subdivision (a)(1)(1 count). Fine: $21,500.

Government Code Section 1090

In the Matter of Charles Grace; FPPC No. 20/416. Staff: Theresa Gilbertson, Senior Commission Counsel and Paul Rasey, Special Investigator. Charles Grace is a public official for purposes of Government Code Section 1090. Grace participated in making a contract between the San Simeon Community Services District and Grace Environmental Services, a limited liability corporation in which Grace is the sole manager, in violation of Government Code Section 1090 (1 count). Fine: $4,500.

Campaign Late Filer

In the Matter of Lundgren Management Corporation; FPPC No. 21/98. Staff: Jenna C. Rinehart, Commission Counsel. The respondent was represented by Gary S. Winuk of Kaufman Legal Group, APC. Lundgren Management Corporation engaged in campaign activities as a major donor committee in 2016. As a major donor committee, Lundgren Management Corporation failed to timely file a semi-annual campaign statement, in violation of Government Code Section 84200 (1 count), and six 24-hour reports, in violation of Government Code Section 84203 (2 counts). Fine: $7,500.

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 November 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.

Behested Payment

In the Matter of Curren Price; FPPC No. 21/318. Staff: Angela Brereton, Chief of Enforcement and Amber Rodriguez, Assistant Political Reform Consultant. The respondent was represented by Joseph A. Guardarrama of Kaufman Legal Group. Curren Price, a member of the Los Angeles City Council, failed to timely file eight Behested Payment Reports, in violation of Government Code Section 84224 (8 counts). Fine: $1,600 (Tier One).

Recordkeeping

In the Matter of Veronica Robles-Solis for Supervisor 2020, Veronica Solis, and Yvonne Robles; FPPC No. 20/130. Staff: Angela Brereton, Chief of Enforcement and Dominika Wojenska, Associate Governmental Program Analyst. Veronica Robles-Solis was an unsuccessful candidate for Ventura County Board of Supervisors in the March 3, 2020 Primary Election. Veronica Robles-Solis for Supervisor 2020 was Robles-Solis’s candidate-controlled committee. Yvonne Robles was the Committee’s treasurer. The Committee, Robles-Solis, and Robles failed to timely file two pre-election campaign statements, in violation of Government Code Section 84200.5 (2 counts), one semi-annual campaign statement, in violation of Government Code Section 84200 (1 count), and one 24-hour report, in violation of Government Code Section 84203 (1 count). The Committee, Robles-Solis, and Robles also failed to maintain adequate campaign records for contributions received, in violation of Government Code Section 84104 (1 count). Fine: $1,244 (Tier One).

In the Matter of Paso Robles Water Integrity Network and Cody Ferguson; FPPC No. 16/265. Staff: Theresa Gilbertson, Senior Commission Counsel and George Aradi, Special Investigator. Paso Robles Water Integrity Network was a local primarily formed ballot measure committee that opposed measures A-16 and B-16 in connection with a local election held on March 8, 2016. Cody Ferguson was the Committee’s principal officer. The Committee and Ferguson failed to include the proper advertisement disclaimers in a radio broadcast, tv/video broadcasts, three signs/billboards, flyers, and three mailers, in violation of Government Code Sections 84504 and 84305 (10 counts). Additionally, the Committee and Ferguson failed to timely amend the name of the Committee to include reference to the ballot measures it opposed, in violation of Government Code Section 84107 (1 count). Fine: $2,550 (Tier One & Two).

In the Matter of Tai Do for Mayor 2020 and Tai Do; FPPC No. 20/728. Staff: David E. Castro, Commission Counsel. Tai Do was an unsuccessful candidate for Westminster City Council, District 2 in the April 7, 2020 Special Election. Tai Do for Mayor 2020 is Do’s candidate-controlled committee. The Committee and Do failed to include the proper advertisement disclaimers on a flyer distributed prior to the election, in violation of Government Code Sections 84502 and 84504.5 (2 counts). Fine: $206 (Tier One).

Cash Contributions

In the Matter of Committee to Re-Elect Marshall Long, Supervisor District 3 2018, Marshall Long, and Karen Verdugo, FPPC No. 18/433. Staff: Theresa Gilbertson, Senior Commission Counsel and Paul Rasey, Special Investigator. Marshall Long was a successful candidate for Mariposa County Supervisor in the June 5, 2018 Primary Election. Committee to Re-Elect Marshall Long, Supervisor District 3 2018 was Long’s candidate-controlled committee. Karen Verdugo was the Committee’s treasurer. The Committee, Long, and Verdugo accepted cash contributions of $100 or more, in violation of Government Code Section 84300 (1 count). Fine: $850 (Tier Two.)

Campaign Late Filer/Reporter

In the Matter of Margaret Brown 4 CalPERS – 2017 and Margaret Brown; FPPC No. 18/1492. Staff: Jenna C. Rinehart, Commission Counsel and Patricia Ballantyne, Program Specialist II. Margaret Brown was a successful candidate for the California Public Employees’ Retirement System Board of Administration in the October 2, 2017 and December 11, 2017 elections. Margaret Brown 4 CalPERS – 2017 was Brown’s candidate-controlled committee. The Committee and Brown failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count), a semi-annual campaign statement in paper format, in violation of Government Code Section 84200 (1 count), and three 24-hour reports, in violation of Government Code Section 84203 (3 counts). The Committee and Brown also failed to timely report information required for expenditures made on three pre-election campaign statements, in violation of Regulation 18421.7 (3 counts) and failed to maintain adequate campaign records on one semi-annual and two preelection campaign statements, in violation of Government Code Section 84104 (3 counts). Additionally, Brown failed to timely file a Candidate Intention Statement, in violation of Government Code Section 85200 (1 count). Fine: $2,627 (Tier One).

In the Matter of Neighbors for Sylvia Arenas for D8 City Council 2016 and Sylvia Arenas; FPPC No. 20/213. Staff: Jenna C. Rinehart, Commission Counsel and Roone Petersen, Special Investigator. Sylvia Arenas was a successful candidate for San Jose City Council of District 8 in the November 8, 2016 General Election. Neighbors for Sylvia Arenas for D8 City Council 2016 is Arenas’ candidate-controlled committee. The Committee and Arenas failed to timely file seven semi-annual campaign statements, in violation of Government Code Section 84200 (7 counts) and failed to timely report certain contributions and expenditures on a preelection and semi-annual campaign statement, in violation of Government Code Section 84211 (2 counts). Fine: $2,511 (Tier One & Two).

In the Matter of Mary E. McBean for Mayor 2018 and Mary McBean; FPPC No. 18/849. Staff: Alex Rose, Commission Counsel. Mary McBean was an unsuccessful candidate for Mayor of Moreno Valley in the November 6, 2018 General Election. Mary E. McBean for Mayor 2018 was McBean’s candidate-controlled committee. The Committee and McBean failed to timely file two pre-election campaign statements, in violation of Government Code Section 84200.5 (2 counts), one semi-annual campaign statement, in violation of Government Code Section 84200 (1 count), one 24-hour report, in violation of Government Code Section 84203 (1 count), and failed to timely amend the Committee’s Statement of Organization to indicate the date of qualification, in violation of Government Code Section 84103 (1 count). Fine: $2,325 (Tier One & Two).

In the Matter of Friends of Montesino for Council 2020, Eduardo Montesino, and Lidia Montesino; FPPC No. 18/644. Staff: Alex Rose, Commission Counsel. Eduardo Montesino was a successful candidate for Watsonville City Council in the November 3, 2020 General Election. Friends of Montesino for Council 2020 was Montesino’s candidate-controlled committee. Lidia Montesino was the Committee’s treasurer. The Committee, Montesino, and Montesino failed to timely file eight semi-annual campaign statements, in violation of Government Code Section 84200 (8 counts) and two preelection campaign statements, in violation of Government Code Section 84200.5 (2 counts). Fine: $2,005 (Tier One).

In the Matter of Carole Marasovic for Berkeley Rent Board 2020, Carole Marasovic, and Heather Ovenden; FPPC No. 21/573. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Carole Marasovic was an unsuccessful candidate for the Berkeley Rent Stabilization Board in the November 3, 2020 General Election. Carole Marasovic for Berkeley Rent Board 2020 is Marasovic’s candidate-controlled committee. Heather Ovenden is the Committee’s treasurer. The Committee, Marasovic, and Ovenden failed to timely file a semi-annual campaign statement, in violation of Government Code Section 84200 (1 count) and three 24-hour reports, in violation of Government Code Section 84203 (3 counts). Fine: $1,722 (Tier One & Two).

In the Matter of Hometown Voter Guide and Michael Johnson; FPPC No. 17/120. Staff: Angela Brereton, Chief of Enforcement and Dominika Wojenska, Associate Governmental Program Analyst. Hometown Voter Guide is a slate mailer organization. Michael Johnson served as the Organization’s treasurer. Hometown Voter Guide and Johnson failed to timely file a preelection campaign statement, in violation of Government Code Section 84218 (1 count) and two 24-hour reports, in violation of Government Code Section 84220 (2 counts). Fine: $1,200 (Tier One).

In the Matter of Gabe Kearney for Petaluma City Council 2016 and Gabe Kearney; FPPC No. 17/1214. Staff: Theresa Gilbertson, Senior Commission Counsel. Gabe Kearney was a successful candidate for the Petaluma City Council in the November 8, 2016 General Election. Gabe Kearney for Petaluma City Council 2016 was Kearney’s candidate-controlled committee. The Committee and Kearney failed to timely file a preelection campaign statement, in violation of Government Code Section 84200.5 (1 count), two semi-annual campaign statements, in violation of Government Code Section 84200 (2 counts), and failed to timely amend the Committee’s Statement of Organization to indicate the date of qualification, in violation of Government Code Section 84103 (1 count). Fine: $973 (Tier One).

In the Matter of Kathy Miller for Supervisor in 2018, Katherine Miller, and Greg Frank; FPPC No. 21/853. Staff: Chief of Enforcement, Angela Brereton and Chloe Hackert, Political Reform Consultant. Katherine Miller was a successful candidate for San Joaquin County Supervisor in the June 5, 2018 Primary Election. Kathy Miller for Supervisor in 2018 was Miller’s candidate-controlled committee. Greg Frank was the Committee’s treasurer. The Committer, Miller, and Frank failed to timely report subvendor expenditures on two campaign statements, in violation of Government Code Section 84211 (2 counts). Fine: $905 (Tier One).

In the Matter of Eleanor Thompson for Richmond City Council 2020, Eleanor Thompson, and Tisa Thompson; FPPC No. 21/628. Staff: Angela Brereton, Chief of Enforcement and Staff Services Analyst, Shaina Elkin. Eleanor Thompson was an unsuccessful candidate for Richmond City Council in the November 3, 2020 General Election. Eleanor Thompson for Richmond City Council 2020 is Thompson’s candidate-controlled committee. Tisa Thompson is the Committee’s treasurer. The Committee, Thompson, and Thompson failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count) and a 24-hour report, in violation of Government Code Section 84203 (1 count). Fine: $809 (Tier One & Two).

In the Matter of Associated Students of Antelope Valley College; FPPC No. 21/184. Staff: Megan A. Van Arsdale, Commission Counsel and Lance Hachigian, Special Investigator. The Respondent was represented by Lacey Keys of Keys Law Corporation. Associated Students of Antelope Valley College qualified as a major donor committee in 2016. The Committee failed to timely file a 24-hour report, in violation of Government Code Section 84203 (1 count) and a semi-annual campaign statement, in violation of Government Code Section 84200(b) (1 count). Fine: $800 (Tier One).

In the Matter of Denise Delgado for Coachella City Council 2020, Denise Delgado, and Zulayka Acosta; FPPC No. 20/843. Staff: Angela Brereton, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. Denise Delgado was a successful candidate for Coachella City Council in the November 3, 2020, General Election. Denise Delgado for Coachella City Council 2020 was Delgado's candidate-controlled committee. Zulayka Acosta was the Committee’s treasurer. The Committee, Delgado, and Acosta failed to timely file one preelection campaign statement, in violation of Government Code Section 84200.5 (1 count) and one 24-hour report, in violation of Government Code Section 84203 (1 count). Fine: $777 (Tier One & Two).

In the Matter of Diamond Construction & Design; FPPC No. 17/251. Staff: Ruth Yang, Senior Commission Counsel. Diamond Construction & Design qualified as an independent expenditure committee in 2017. The Committee failed to timely file two 24-hour reports, in violation of Government Code Section 84204 (2 counts). Fine: $484 (Tier One).

In the Matter of George Ting for El Camino Healthcare District Board Election Committee 2018 and George Ting; FPPC No. 19/1538. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. George Ting was a successful candidate for El Camino Healthcare District Board in the November 6, 2018 General Election. George Ting for El Camino Healthcare District Board Election Committee 2018 was Ting’s candidate-controlled committee. The Committee and Ting failed to timely file a semi-annual campaign statement, in violation of Government Code Section 84200 (1 count). Fine: $215 (Tier One).

In the Matter of Amanda Parrell; FPPC No. 19/1322. Staff: Marissa Nash, Commission Counsel. Amanda Parrell, as a Trustee for Antelope Valley Union High School District, failed to timely file an Officeholder and Candidate Campaign Statement Short Form (Form 470), in violation of Government Code Section 84206 (1 count). Fine: $200 (Tier One).

Lobbying

In the Matter of Premier Healthcare Services LLC; FPPC No. 20/455. Staff: Angela Brereton, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. Premier Healthcare Services LLC, a lobbyist employer, failed to timely file five lobbyist employer quarterly reports, in violation of Government Code Section 86117 (5 counts). Fine: $2,400 (Tier One & Two).

Statement of Economic Interests Late Filer

In the Matter of Greg Keebler; FPPC No. 17/394. Staff: Jenna C. Rinehart, Commission Counsel. Greg Keebler, a Board Member for the Long Beach Area Convention and Visitor’s Bureau, failed to timely file a 2016 Annual, 2017 Annual, and a 2018 Annual/Leaving Office Statement of Economic Interests, in violation of Government Code Section 87300 (3 counts). Fine: $2,400 (Tier One).

In the Matter of Peter De La Torre; FPPC No. 19/1398. Staff: David E. Castro, Commission Counsel. Peter De La Torre, as a Planning Commissioner for the City of Desert Hot Springs, failed to timely file a 2018 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Fine: $600 (Tier Two).

In the Matter of Casey Clark; FPPC No. 21/599. Staff: Alex Rose, Commission Counsel. Casey Clark, a Personnel Commissioner for the City of Watsonville, failed to timely file a 2018 Annual, 2019 Annual, and a 2020 Annual/Leaving Office Statement of Economic Interests, in violation of Government Code Section 87300 (3 counts). Fine: $600 (Tier One).

In the Matter of Minerva Martinez; FPPC No. 17/943. Staff: Bridgette Castillo, Senior Commission Counsel and George Aradi, Special Investigator. Minerva Martinez, as a member of the Southeast Regional Solid Waste Commission, failed to timely file a 2017 Annual and a Leaving Office Statement of Economic Interests, in violation of Government Code Sections 87300 and 87302 (2 counts). Fine: $400 (Tier One).

In the Matter of Mohsen Pazooki; FPPC No. 17/1032. Staff: Jenna C. Rinehart, Commission Counsel. Mohsen Pazooki, as a Supervising Transportation Engineer for the Department of Transportation, failed to timely file a 2018 Annual and a Leaving Office Statement of Economic Interests, in violation of Government Code Section 87300 (2 counts). Fine: $400 (Tier One).

In the Matter of Kenneth Wenham; FPPC No. 18/561. Staff: Marissa Nash, Commission Counsel. Kenneth Wenham, Board Member for Rising Sun Montessori School, failed to timely file a 2017 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $400 (Tier One).

In the Matter of Jeremy Hayward; FPPC No. 19/908. Staff: Angela Brereton, Chief of Enforcement and Taylor Culberson, Assistant Political Reform Consultant. Jeremy Hayward, a Board Member for the Community Action Board of Shasta County, failed to timely file an Assuming Office and a 2018 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (2 counts). Fine: $400 (Tier One).

In the Matter of Dino Giacomazzi; FPPC No. 19/793. Staff: Marissa Nash, Commission Counsel. Dino Giacomazzi, as a member of the Veterinary Diagnostics Laboratory Board, failed to timely file a 2018 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine $400 (Tier One).

In the Matter of Gabe Kearney; FPPC No. 19/1157. Staff: Theresa Gilbertson, Senior Commission Counsel. Gabe Kearney, a member of the Petaluma City Council, failed to timely file a 2018 Annual and a 2019 Annual Statement of Economic Interests, in violation of Government Code Section 87200 (2 counts). Fine: $400 (Tier One).

In the Matter of Sergio Diaz; FPPC No. 19/1199. Staff: Marissa Nash, Commission Counsel. Sergio Diaz, as a Planning Commissioner for the City of Soledad, failed to timely file an Assuming Office and 2018 Annual Statement of Economic Interests, in violation of Government Code Section 87202 and 87300 (2 counts). Fine: $400 (Tier One).

In the Matter of Brenda Hanson-Smith; FPPC No. 19/823. Staff: Angela Brereton, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Brenda Hanson-Smith, as a Board Member of the Buckeye Union School District, failed to timely file a 2018 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200 (Tier One).

In the Matter of Michael Roesner; FPPC No. 19/289. Staff: Marissa Nash, Commission Counsel. Michael Roesner, as a Planning Commissioner for the City of Del Rey Oaks, failed to timely file an Assuming Office Statement of Economic Interest, in violation of Government Code Section 87202 (1 count). Fine: $200 (Tier One).

In the Matter of Julian McMillan; FPPC No. 19/309. Staff: Chief of Enforcement, Angela Brereton and Chloe Hackert, Political Reform Consultant. Julian McMillan, as a Board Member for America’s Finest Charter School, failed to timely file a 2017 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200 (Tier One).

In the Matter of Jason Lopez; FPPC No. 19/1291. Staff: Angela Brereton, Chief of Enforcement and Amber Rodriguez, Assistant Political Reform Consultant. Jason Lopez, a Resources and Trails Manager for the San Dieguito River Park Joint Powers Authority, failed to timely file a 2017 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200 (Tier One).

In the Matter of Rachael Moore; FPPC No. 21/255. Staff: Angela Brereton, Chief of Enforcement and Kimberly Rawnsley, Staff Services Analyst. Rachael Moore, a Planning Commissioner for the City of Fortuna, failed to timely file a 2019 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Fine: $200 (Tier One).

Statement of Economic Interests Late Reporter

In the Matter of Gagandeep Kang; FPPC No. 21/742. Staff: Angela Brereton, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. Gagandeep Kang, a member of the Livingston City Council, failed to timely report two interests in real property on an Assuming Office, 2019 Annual, and a 2020 Annual Statement of Economic Interests, in violation of Government Code Section 87206 (6 counts). Fine: $600 (Tier One).

In the Matter of Max Hollein; FPPC No. 18/1563. Staff: Jenna C. Rinehart, Commission Counsel and George Aradi, Special Investigator. Max Hollein, as a Director for the Fine Arts Museums of San Francisco, failed to timely report a business position and income on the 2016 Annual, 2017 Annual, and Leaving Office Statements of Economic Interest, in violation of Government Code Sections 87207 and 87209 (3 counts). Fine: $300 (Tier One).

Staff: Jenna C. Rinehart, Commission Counsel and George Aradi, Special Investigator. Ed Prohaska, as a Director for the Fine Arts Museums of San Francisco, failed to timely report a business position and income on the Assuming Office and Leaving Office Statements of Economic Interest, in violation of Government Code Sections 87207 and 87209 (2 counts).

In the Matter of Ed Prohaska; FPPC No. 18/1563. Staff: Jenna C. Rinehart, Commission Counsel and George Aradi, Special Investigator. Ed Prohaska, as a Director for the Fine Arts Museums of San Francisco, failed to timely report a business position and income on the Assuming Office and Leaving Office Statements of Economic Interest, in violation of Government Code Sections 87207 and 87209 (2 counts). Fine: $200 (Tier One).

In the Matter of Charles Castillo; FPPC No. 18/1563. Staff: Jenna C. Rinehart, Commission Counsel and George Aradi, Special Investigator. Charles Castillo, as a Director for the Fine Arts Museums of San Francisco, failed to timely report income on the 2016 Annual and 2017 Annual Statements of Economic Interest, in violation of Government Code Section 87207 (2 counts). Fine: $200 (Tier One).

In the Matter of Thomas Campbell; FPPC No. 18/1563. Staff: Jenna C. Rinehart, Commission Counsel and George Aradi, Special Investigator. Thomas Campbell, Director of the Fine Arts Museums of San Francisco, failed to timely report a business position on the Assuming Office Statement of Economic Interests, in violation of Government Code Section 87209 (1 count). Fine: $100 (Tier One).

In the Matter of Matt Haney; FPPC No. 21/632. Staff: Angela Brereton, Chief of Enforcement and Amber Rodriguez, Assistant Political Reform Consultant. The respondent was represented by Eric S. Casher of Meyers Nave. Matt Haney, a member of the San Francisco Board of Supervisors, failed to timely disclose a gift of two game tickets from the Golden State Warriors on the 2019 Annual Statement of Economic Interests, in violation of Government Code Section 87207 (1 count). Fine: $100 (Tier One).