FPPC Enforcement Release, November 16, 2023

FOR IMMEDIATE RELEASE

November 16, 2023

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 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 16, 2023. Decisions are listed by category and include a brief summary of each case and the total amount of any administrative fine in each case.

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In the Matter of Our Republic Our Future; FPPC No. 22/694. Staff: Alex Rose, Commission Counsel and Alethea Perez, Special Investigator. The respondent is represented by Tal Finney of Finney Arnold, LLP. Our Republic Our Future is an independent expenditure committee. Michael Kipp is the Committee’s treasurer and principal officer. The Committee and Kipp failed to include the proper advertising disclosure on a mailer distributed prior to the November 8, 2022 General Election, in violation of Government Code Sections 84502 and 84506.5 (2 counts). In addition, the Committee and Kipp failed to timely file an independent expenditure committee campaign statement and a 24-hour independent expenditure report for the mailers above, in violation of Government Code Sections 84200 and 84204 (2 counts). Fine: $3,066 (Tier Two).

In the Matter of City of Campbell; FPPC No. 17/125. Staff: Theresa Gilbertson, Senior Commission Counsel and Katelin Angeloni, Special Investigator. The respondent is represented by Gary Winuk with the Kaufman Legal Group. The City of Campbell engaged in communications, including newspaper advertisements and mass mailings, that qualified as an expenditure under the Political Reform Act. The City failed to include proper advertisement disclosure statements, in violation of Government Code Sections 84506 and 84507 (1 count), sent two prohibited campaign related mass mailings at public expense, in violation of Government Code Section 89001 (2 counts), failed to timely file three 24-hour independent expenditure reports, in violation of Government Code Section 84204 (2 counts), and failed to timely file a semi-annual campaign statement, in violation of Government Code Section 84200 (1 count). Fine: $35,000.

Campaign Late Filer

In the Matter of Vikrum Aiyer; FPPC No. 23/450. Staff: James M. Lindsay, Chief of Enforcement and Ginny Brown, Political Reform Consultant. The respondent was represented by Jim Sutton of the Sutton Law Firm. Vikrum Aiyer, a major donor committee for the calendar year 2022, failed to file five 24-hour reports, in violation of Government Code Section 84203 (5 counts). Fine: $2,000 (Tier One).

In the Matter of Dublin Teachers Association Political Action Committee, Nancy Karell; FPPC No. 22/743. Staff: Alex Rose, Commission Counsel and Kristin Hamilton, Special Investigator. Dublin Teachers Association PAC is a local general purpose committee. Nancy Karell served as the Committee’s treasurer. The Committee and Karell failed to timely file three semi-annual and two pre-election campaign statements, in violation of Government Code Section 84200 and 84200.5 (5 counts). Fine: $1,083 (Tier One).

In the Matter of Committee to Elect Robert Ocampo Board Member, Alisal Union Elementary School, District Area 2 2022, Robert Ocampo, and Sandra Ocampo; FPPC No. 23/036. Staff: James M. Lindsay, Chief of Enforcement and Amber Rodriguez, Staff Services Analyst. Robert Ocampo was a successful candidate for the Alisal Unified School District Board of Trustees in the November 8, 2022 General Election. Committee to Elect Robert Ocampo Board Member, Alisal Union Elementary School, District Area 2 2022 was their candidate-controlled committee. Sandra Ocampo served as the Committee’s treasurer. The Committee, Ocampo, and Ocampo failed to timely file one 24-hour report, in violation of Government Code Section 84203 (1 count). Fine: $265 (Tier One).

Statement of Economic Interests Late Filer

In the Matter of Ariel Kelley; FPPC No. 23/707. Staff: James M. Lindsay, Chief of Enforcement and Taylor Culberson, Staff Services Analyst. Ariel Kelley, Alternate Commissioner for the Transmission Agency of Northern California, failed to timely file the Assuming Office Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200 (Tier One).

Statement of Economic Interests Late Reporter

In the Matter of Loretta Sanchez, FPPC No. 19/1315. Staff: Marissa Corona, Commission Counsel and George Aradi, Special Investigator. The respondent was represented by Wylie A. Aitken. Loretta Sanchez was a candidate for Orange County District 3 Supervisor in the March 12, 2019 Special Election. Loretta Sanchez failed to timely report a source of income on their Candidate Statement of Economic Interest, in violation of Government Code Sections 87201 and 87207 (1 count). Fine: $100 (Tier One).

Default Proceedings Requesting Commission Action

In the Matter of Bill Brough, Bill Brough State Assembly 2018, and Bill Brough State Assembly 2020; FPPC No. 19/963. Staff: Neal Bucknell, Senior Commission Counsel, Ann Flaherty, Special Investigator and Roone Petersen, Special Investigator. The respondents are represented by Ashlee Titus of Bell, McAndrews & Hiltachk, LLP. Bill Brough was first elected to the California State Assembly, 73rd District, in 2014. They were re-elected in 2016 and 2018, and lost re-election in 2020. Bill Brough State Assembly 2018 was their candidate-controlled committee for the 2018 election and Bill Brough State Assembly 2020 was their candidate-controlled committee for the 2018 election. Beginning in early 2019, Brough served as the Committee’s treasurer for both committees. Prior to this, the Committee’s treasurer was JenEve Slater. From February 2017 through March 2020, Brough used campaign funds for personal purposes, in violation of Government Code Sections 89510, subdivision (b); 89512; 89513; and 89517 (6 counts). Also, Brough appropriated campaign assets, in violation of Government Code Sections 89510, subdivision (b), 89512, 89517 and 89519 (1 count). Additionally, Brough and the Committees failed to keep required committee records, in violation of Government Code Section 84104 and California Code of Regulations, title 2, Section 18401 (3 counts); and violated Government Code Section 84211, subdivisions (b), (i), (k), (l)—and California Code of Regulations, title 2, Section 18421.7—regarding the required contents of campaign statements (10 counts). Fine: $100,000.

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