FPPC Enforcement Decisions, December 21, 2017

FOR IMMEDIATE RELEASE                            

December 21, 2017

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, December 21, 2017. 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 December 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.

Personal Use of Campaign Funds 

David Guzzetti was the treasurer and Co-Chair of Chico Conservation Voters. On approximately 148 occasions from August 2012 through January 2015, Guzzetti used committee campaign funds totaling approximately $11,917 for personal purposes, which were unrelated to any political, legislative, or governmental purpose, in violation of Government Code Section 89512.5 (5 counts). Fine: $24,000.

Lobbying Reporting 

Sutter Health, a lobbyist employer, failed to timely file nine lobbyist employer reports in violation of Government Code Section 86117 (9 counts). Fine: $18,000.  

Campaign Reporting 

The Elk Grove Education Association Political Action Committee is a county general purpose committee sponsored by the Elk Grove Education Association. At all relevant times, Lee Ramaley and Kathleen Tijan were the Committee’s principal officers; and Lee Ramaley and Jeremy Roberts were the Committee’s treasurers. The Committee, Tijan, Ramaley, and Roberts failed to timely file two semiannual campaign statements covering the reporting period of July 1, 2015 through June 30, 2016, in violation of Government Code Section 84200 (1 count); failed to timely file one pre-election campaign statement covering July 1, 2016 through September 24, 2016, in violation of Government Code Sections 84200.5 and 84200.8 (1 count); failed to timely report contributions on two campaign statements, in violation of Government Code Section 84211 (2 counts); and failed to timely file 24-Hour Reports for six different late contributions, in violation of Government Code Section 84203 (1 count). Fine: $11,500. 

Vinnie Bacon was a successful candidate for the Fremont City Council in the November 8, 2016 General Election. Bacon for Fremont City Council 2016 is Bacon’s candidate-controlled committee. The Committee and Bacon failed to timely file five 24-Hour Reports, in violation of Government Code Section 84203 (5 counts); failed to timely file one semiannual campaign statement covering the reporting period of January 1, 2016 through June 30, 2016, in violation of Government Code Section 84200 (1 count); and failed to timely report non monetary contributions on the Committee’s campaign statements covering the reporting periods of January 1, 2016 through December 31, 2016, in violation of Government Code Section 84211 (3 counts). Fine: $2,381. 

Lily Mei was a successful candidate for Mayor of the City of Fremont in the November 8, 2016 General Election. Lily Mei for Fremont Mayor 2016 is her candidate-controlled committee. Nisha Dalal is the Committee’s treasurer. The Committee, Mei, and Dalal failed to timely file two 24-Hour Reports, in violation of Government Code Section 84203 (2 counts); and failed to timely report non-monetary contributions on two campaign statements covering the reporting periods of January 1, 2016 through December 31, 2016, in violation of Government Code Section 84211 (3 counts). Fine: $1,406. 

Cullen Tiernan was an unsuccessful candidate for the Fremont City Council in the November 8, 2016 General Election. Cullen Tiernan for Fremont City Council 2016 is Tiernan’s candidate-controlled committee. The Committee and Tiernan failed to timely file two 24-Hour Reports, in violation of Government Code Section 84203 (2 counts); and failed to timely report non monetary contributions on the Committee’s campaign statements covering the reporting periods of January 1, 2016 through December 31, 2016, in violation of Government Code Section 84211 (3 counts). Fine: $1,177. 

Campaign Non-Filer 

The Humboldt Deputy Sheriff’s Organization PAC is a county general purpose committee sponsored by the Humboldt Deputy Sheriff’s Organization. At all relevant times, Leslie S. Borges was the Committee’s treasurer and, Respondents contend, Scott N. Hicks was the responsible officer. The Committee, Borges, and Hicks failed to timely file nine semiannual campaign statements covering the reporting periods of July1, 2012 through December 31, 2013 and May 18, 2014 through December 31, 2015, in violation of Government Code Section 84200, subdivision (a) (4 counts); two pre-election campaign statements covering the reporting periods of January 1, 2014 through May 17, 2014, in violation of Government Code Sections 84200.5, subdivisions (a) and (e), 84200.7 (1 count); one pre-election campaign statement covering the reporting period of April 24, 2016 through May 21, 2016, in violation of Government Code Sections 84200.5, subdivisions (a) and 84200.8, subdivision (b) (1 count); and one 24-Hour Report for four late contributions, in violation of Government Code Section 84203 (1 count). Fine: $17,500. 

Ken Seaton-Msemaji was an unsuccessful candidate for City Council in National City in the November 4, 2014 General Election. Ken Seaton for National City Council 2014 is his candidate-controlled committee. Samantha Ollinger was the Committee’s treasurer. The Committee, Seaton-Msemaji, and Ollinger failed to timely file one pre-election statement covering the reporting period of October 1, 2014 through October 18, 2014, in violation of Government Code Sections 84200.7 and 84200.5 (1 count); one semiannual campaign statement covering the reporting period of October 19, 2014 through December 31, 2014, in violation of Government Code Section 84200 (1 count); and ten 24-Hour Reports, in violation of Government Code Section 84203 (1 count). Fine: $5,000. 

This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. We Are California, A Sponsored Committee of Mobilize the Immigrant Vote Action Fund is a state general purpose committee. Aparna Shah is the Committee’s treasurer. The Committee and Shah failed to timely file two semiannual campaign statements covering the reporting periods of October 21, 2012 through December 31, 2012 and July 1, 2014 through December 31, 2014, in violation of Government Code Section 84200 (2 counts). Fine: $5,000. 

This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. Sebastian Ridley-Thomas was a successful candidate in the Special Primary Election on December 3, 2013 to fill a vacancy in the California State Assembly, 54th District. Ridley-Thomas was also a successful incumbent candidate in the November 4, 2014 General Election. Sebastian Ridley-Thomas for Assembly 2014 was his candidate-controlled committee. The Committee and Ridley-Thomas failed to timely file two $5,000 Reports, in violation of Government Code Section 85309, subdivision (c) (1 count); and failed to timely file four 24-Hour Reports, in violation of Government Code Sections 84203 and 85309, subdivision (a) (1 count). Fine: $3,500. 

Frank Guzman has been a member of the Pomona Unified School District Board since 2011. 2011 Committee to Elect Frank Guzman to PUSD Governing Board Member was his candidate-controlled committee. The Committee and Guzman failed to timely file three semiannual campaign statements covering the reporting periods of January 1, 2014 through December 31, 2014, and July 1, 2015 through December 31, 2015, in violation of Government Code Section 84200 (3 counts). Fine: $3,000. 

This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. Joseph B. Weinberger was an unsuccessful candidate for Superior Court Judge, El Dorado County, in the Primary Election held on June 3, 2014. Weinberger for Judge 2014 was Weinberger’s candidate-controlled committee. Shawnda Deane was the Committee’s treasurer. The Committee, Weinberger, and Deane failed to timely file one semiannual campaign statement covering July 1, 2013 through December 31, 2013, in violation of Government Code Section 84200 (1 count); one pre-election campaign statement covering the reporting period of January 1, 2014 through March 17, 2014, in violation of Government Code Section 84200.5 (1 count); and six 24-Hour Reports, in violation of Government Code Section 84203 (6 counts). Fine: $2,029. 

Upland Parents Against Drugs was a local primarily-formed ballot measure committee that supported Measure U on the November 8, 2016 General Election San Bernardino County ballot. Jackie L. Nutting was the Committee’s treasurer and Bruce Nutting was the principal officer. The Committee and the Nuttings failed to timely file two semiannual campaign statements covering the reporting periods of January 1, 2015 through June 30, 2015 and October 1, 2015 through December 31, 2015, in violation of Government Code Section 84200 (2 counts); and failed to timely file two pre-election campaign statements covering the reporting periods of July 1, 2016 through October 22, 2016, in violation of Government Code Section 84200.5 (2 counts). Fine: $1,664. 

Nancy Carroll was a successful candidate in the November 4, 2014 General Election for City Treasurer of Beaumont. Committee to Elect Nancy Carroll Treasurer 2014 was her candidate-controlled committee. The 2014 Committee and Carroll failed to timely file one pre-election campaign statement covering the reporting period of October 1, 2014 through October 18, 2014, in violation of Government Code Section 84200.5 (1 count); and two semi-annual campaign statements covering the reporting periods of January 1, 2015 through December 31, 2015, in violation of Government Code Section 84200 (2 counts). Nancy Carroll was a successful candidate for Beaumont City Council in the November 8, 2016 General Election. Committee to Elect Nancy Carroll 2016 is her candidate-controlled committee. The 2016 Committee and Carroll failed to timely file one pre-election campaign statement covering the reporting period of July 1, 2016 through September 24, 2016 in violation of Government Code Section 84200.5 (1 count); and two 24-Hour Reports, in violation of Government Code Sections 84203 (2 counts). Fine: $1,244. 

Kings Canyon Teachers Association Committee for Excellence in Education is a local general purpose committee. Janet Hayhurst and Janie Chiasson were the committee’s treasurers at relevant times. Dale H. Kennedy is the Assistant Treasurer. The Committee, Hayhurst, Chiasson, and Kennedy failed to timely file five semiannual campaign statements covering the reporting periods of October 18, 2014 through June 30, 2015, and January 1, 2016 through June 30, 2017, in violation of Government Code Section 84200 (5 counts). Fine: $1,046. 

Yes on BB, Bike East Bay Political Action Committee Sponsored by East Bay Bicycle Coalition was a primarily formed recipient committee that supported Measure BB on the November 4, 2014 General Election ballot in Alameda County. Renee Rivera was the Committee’s treasurer. The Committee and Rivera failed to timely file one pre-election statement for the reporting period of January 1, 2014 through October 18, 2014, in violation of Government Code Section 84200.5 (1 count); one semiannual campaign statement for the reporting period of October 19 through December 31, 2014, in violation of Government Code Section 84200 (1 count); and one 24-Hour Report, in violation of Government Code Section 84203 (1 count). Fine: $766. 

Philip Tabera was a successful candidate for the Salinas Union High School District Board in the November 5, 2013 General Election. Phillip Tabera for Salinas Union High School District Board 2013 is his candidate-controlled committee. Mario Aguiar is the Committee’s treasurer. The Committee, Tabera, and Aguiar failed to timely file three 24-Hour Reports, in violation of Government Code Section 84203 (3 counts). Fine: $675. 

Raul Cantu was a successful candidate for Sanger City Council in the November 6, 2012 General Election, and an unsuccessful candidate for the Mayor of Sanger in the November 8, 2016 General Election. Raul Cantu for Council 2012 is his candidate-controlled committee. Marci Cantu is the Committee’s treasurer. The Committee, Raul Cantu, and Marci Cantu failed to timely file two pre-election campaign statements covering the reporting periods of July 1, 2016 through October 22, 2016, in violation of Government Code Section 84200.5 (2 counts) and one 24-Hour Report, in violation of Government Code Section 84203 (1 count). Fine: $662. 

Bill Newberry was a successful candidate for the Corona-Norco Unified School District Board in the November 2, 2010 General Election. Committee to Elect Bill Newberry for Corona-Norco Unified School Board 2010 is his candidate-controlled committee. Christopher Riley was the Committee’s treasurer. The Committee, Newberry, and Riley failed to timely file one semiannual campaign statement for the reporting period of July 1, 2014 through December 31, 2014, in violation of Government Code Section 84200 (1 count). Fine: $409. 

Committee to Improve Delhi Schools – Yes on E was a local primarily formed ballot measure committee in support of Measure E on the November 6, 2012 General Election ballot in Merced County. Diana King was the Committee’s treasurer. The Committee and King failed to timely file one semiannual campaign statement for the period covering October 21, 2012 through December 31, 2012, in violation of Government Code Section 84200 (1 count). Fine: $299. 

Aidee Farias was an unsuccessful candidate for Board Member of the Santa Rita Union School District in the November 3, 2015 General Election. Committee to Elect Aidee Farias for SRUSD Board Member 2015 was her candidate-controlled committee. Diego Sandoval was the Committee’s treasurer. The Committee, Farias, and Sandoval failed to timely file one semiannual campaign statement for the reporting period of October 18, 2015 through December 31, 2015, in violation of Government Code Section 84200 (1 count). Fine: $234. 

Campaign Non-Reporter 

Christopher Cabaldon was a successful candidate for Mayor of West Sacramento in the November 8, 2016 General Election. Mayor Christopher Cabaldon Committee is his candidate-controlled committee. Lanz Nalagan is the Committee’s treasurer. The Committee, Cabaldon, and Nalagan failed to timely disclose expenditures and independent expenditures on three campaign statements covering the period of July 1, 2016 to December 31, 2016, in violation of Government Code Section 84211 (3 counts). Fine: $656. 

Campaign Bank Account 

Frank Bigelow was a successful incumbent candidate for the California State Assembly, District 5 in the November 8, 2016 General Election. Friends of Frank Bigelow for Assembly 2016 was his candidate-controlled committee. Vona L. Copp was the Committee’s treasurer. The Committee, Bigelow, and Copp failed to pay expenditures from the designated campaign bank account, in violation of Government Code Section 85201, subdivisions (d) and (e) (1 count). Fine: $2,000. 

Statement of Economic Interests Non-Filer 

Eddie Crandell, a Planning Commissioner for Lake County, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Fine: $200. 

John Guthrie, an Oversight Board Member for the City of San Jose, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200. 

Jerry Furman, a Consultant for the City of San Jose, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200. 

Millette Litzinger, a Consultant for the City of San Jose, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200. 

Charles Camp, a Board Member for the California Workforce Investment Board, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200. 

Chris Williams, a City Councilmember for the City of Gridley, failed to timely file an Assuming Office Statement of Economic Interests, in violation of Government Code Section 87203. Fine: $200. 

Stephen Lowry, a Court Commissioner for the Los Angeles County Superior Court, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Fine: $200. 

Statement of Economic Interests Non-Reporter 

Diana Guerra-Silva, Mayor Pro Tem for the City of Orange Cove, failed to timely disclose a gift of tickets to an Oakland Raiders game on her 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87207 (1 count). Fine: $100.