FPPC Enforcement Decisions, May 25, 2017

FOR IMMEDIATE RELEASE

May 25, 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, May 25, 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 May 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.

Laundered Campaign Contributions

Michael Preston, a businessman in Milpitas, California, made contributions in the names of others instead of his own legal name. Preston made the following contributions under other names to the committees of two Milpitas City Councilmembers: six $250 contributions to Deb Giordano City Council 2012, and one $4,000 contribution to Armando Gomez for Assembly 2014, in violation of Government Code Section 84301 (4 counts). Fine: $20,000.

Campaign Reporting

This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. Daniel Schnur was a candidate for California Secretary of State in the June 3, 2014 Primary Election. Dan Schnur for Secretary of State 2014 was his candidate-controlled committee. Kelly Lawler was the Committee’s treasurer. The Committee, Schnur, and Lawler failed to file a $5,000 Contribution Report, in violation of Government Code Section 85309, subdivision (c) (1 count); and failed to process campaign expenditures through the Committee’s campaign bank account, in violation of Government Code Section 85201, subdivisions (d) and (e) (1 count). Fine: $4,500. 

California Democratic Party is a state general purpose committee. Katherine Moret is the Committee’s treasurer. The Committee and Moret failed to identify the committee bank account as “all purpose,” failed to notify a recipient of contributions from which account the funds derived, and failed to deposit contributions into the correct account, in violation of Government Code Section 85303 and Regulation 18534, subdivisions (b), (c) and (f) (1 count). Fine: $3,500.

Advertisement Disclosure

Save Public Parking, No on H; Yes on I is a ballot measure committee primarily formed to oppose and support two competing measures on the June 7, 2016 Primary Election ballot in the City of Dana Point. Michael Powers is the Committee’s treasurer. The Committee and Powers failed to include a disclosure statement of at least five percent of the height of the advertisement on 300 yard signs and failed to include a disclosure statement on five advertising banners, in violation of Government Code Section 84504, subdivision (c) and Regulation 18450.4, subdivision (b) (1 count). Fine: $2,500

Mass Mailings

Dalwinder S. Dhoot made an independent expenditure for a mass mailer in opposition to Sonny Dhaliwal, a successful candidate for Lathrop Mayor in the November 4, 2014 General Election. Dhoot did not identify himself as the sender of the mass mailing and failed to display the required sender identification, in violation of Government Code Section 84301, subdivision (a). (1 count). Fine: $2,500.

Lobbying Non-filer

Transform qualified and filed as a Person Who Spend $5,000 or More to Influence Legislative or Administrative Action ($5,000 filer) since 2010. Stanley Lam is Transform’s responsible officer. Transform and Lam failed to timely file seven $5,000 reports (Form 645) for the reporting periods of January 1, 2014 through December 31, 2016 by their respective due dates, in violation of Government Code Section 86116 (7 counts). Fine: $2,129.

Campaign Non-Reporter

This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. The Gay and Lesbian Victory Fund is a state general purpose committee. At different times, Frank Selvaggi and Kim Hoover served as the Committee’s treasurers. The Committee, Selvaggi, and Hoover failed to report $143,640 in received contributions and $141,002 in expenditures for the reporting periods of March 18, 2012 through May 19, 2012 and July 1, 2012 through December 31, 2012, in violation of Government Code Section 84211, subdivisions (a), (b), (c), (f), (i), and (k) (2 counts). Fine: $6,500. 

Tom Brewer was an unsuccessful candidate for Mayor in the June 3, 2014 Primary Election and a successful candidate for the same office in the November 8, 2016 General Election. Tom Brewer for Mayor 2014 was his candidate controlled committee. The Committee and Brewer failed to timely report subvendor information for payments, in violation of Government Code Sections 84211, subdivision (k), and 84303 (1 count). Fine: $757. 

Jeff Slowey was a successful candidate for Mayor of Citrus Heights in the November 8, 2016 General Election. Friends of Jeff Slowey for City Council 2016 is his candidate-controlled committee. Laurie Slowey is the Committee’s Treasurer. The Committee, Slowey, and Laurie Slowey failed to timely report occupation and employer information for contributions received during the reporting periods of January 1, 2016 through June 30, 2016 and September 25, 2016 through October 22, 2016, in violation of Government Code Section 84211 (2 counts). Fine: $440. 

Gary Yamauchi was a successful candidate for City Councilmember of Alhambra in the November 4, 2008 General Election and reappointed in 2012. Gary Yamauchi for City Council 2012 was his candidate-controlled committee. Todd Sakamoto is the Committee’s treasurer. The Committee, Yamauchi, and Sakamoto failed to report occupation and employer information for contributions received during the reporting period of July 1, 2015 through December 31, 2015, in violation of Government Code Section 84211 (1 count). Fine: $232. 

Margie Kiddo Green was an unsuccessful candidate for Councilmember of San Dimas in the March 7, 2017 Special Election. Margie Kiddo Green for City Council 2017 is her candidate-controlled committee. David Bratt is the Committee’s treasurer. The Committee, Green, and Bratt failed to timely report occupation and employer information for contributions received for the reporting period of January 22, 2017 through February 18, 2017, in violation of Government Code Section 84211 (1 count). Fine: $210.

Campaign Non-Filer

Community to Support Mt. Pleasant Elementary Schools was a local ballot measure committee primarily formed in support of Santa Clara County Measures L on the November 6, 2012 General Election ballot and Measure K on the June 3, 2014 Primary Election ballot. Theresa Gill was the Committee’s treasurer. Bob Ramirez was the Committee’s principal officer. The Committee, Gill, and Ramirez failed to include Measures L and K in the Committee’s name within 30 days of the measures being assigned a letter, in violation of Government Code Section 84107 (2 counts); failed to timely file three pre-election campaign statements covering the reporting periods of July 1, 2012 through September 30, 2012 and January 1, 2014 through May 17, 2014, in violation of Government Code Sections 84200.5 and 84200.7 (3 counts); and failed to file two 24-Hour reports, in violation of Government Code Section 84203 (2 counts). Fine: $16,000. 

This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. San Diego County Democratic Party is a local general purpose committee. Xavier Martinez is the Committee’s treasurer. The Committee and Martinez failed to timely report five late contributions to Bob Filner’s campaign for Mayor of San Diego and three late contributions to Mat Kostrinsky’s campaign for San Diego City Council on the 24-Hour reports filed prior to the June 5, 2012 Primary Election, in violation of Government Code Section 84203 (2 counts). The Committee also failed to include receiving a total of five late contributions on the 24-Hour reports filed prior to the June 5, 2012 Primary Election, November 6, 2012 General Election, and the January 8, 2013 Special Election, in violation of Government Code Section 84203 (1 count). Fine: $6,000. 

This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. Abel Maldonado was a candidate for Governor in 2014. Abel Maldonado for Governor 2014 was his candidate-controlled committee. Paul Bruno was the Committee’s treasurer. Kelly Lawler the Committee’s assistant treasurer. The Committee, Maldonado, Bruno, and Lawler failed to file $5,000 Contribution Reports for three different contributions, in violation of Government Code Section 85309, subdivision (c) (1 count). Fine: $2,000. 

This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. Luis J. Rodriguez was an unsuccessful candidate for Governor in the June 4, 2014 Primary Election. Committee to Elect Luis. J. Rodriguez California Governor 2014 is his candidate-controlled committee. Anthony D. Prince was the Committee’s treasurer. The Committee, Rodriguez, and Prince failed to file two semiannual campaign statements covering the reporting periods of January 1, 2013 through December 31, 2013, and May 18, 2014 through June 30, 2014, in violation of Government Code Section 84200 (2 counts); two pre-election campaign statements covering the reporting periods of January 1, 2014 through May 17, 2014, in violation of Government Code Section 84200.5 (2 counts); and failed to file two 24-Hour reports, in violation of Government Code Section 84203 (2 counts). Fine: $1,534. 

This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. Yes on Prop. 30 – to Protect our Schools and Public Safety, a broad coalition of teachers, labor, business, law enforcement, and Governor Brown is a primarily formed ballot measure committee in support of Proposition 30 on the November 6, 2012 General Election. Rubeena Singh was the Committee’s treasurer. Governor Edmund G. Brown, Jr. was the controlling candidate. The Committee, Singh, and Brown failed to timely report two contributions of $5,000 or more, in violation of Government Code Section 85309, subdivision (d) (1 count). Fine: $1,500. 

Maynard Law was a successful candidate for Trustee on the ABC Unified School District in the November 3, 2015 General Election. Committee to Re-Elect Maynard Law 2015 is his candidate-controlled committee. Sherman Kappe is the Committee’s treasurer. The Committee, Law, and Kappe failed to timely file one semiannual campaign statement covering the reporting period of October 18, 2015 through December 31, 2015, in violation of Government Code Section 84200 (1 count); failed to file four 24-Hour reports, in violation of Government Code Section 84203 (4 counts); and failed to timely file a Statement of Organization, in violation of Government Code Section 84101 (1 count). Fine: $1,442. 

Citizens Supporting Apple Valley Emergency Services – Support Measure A is a local primarily-formed committee that supported San Bernardino County Ballot Measure A in the November 8, 2016 General Election. Jennifer Starbuck is the Committee’s treasurer. Doug Qualls is the Committee’s principal officer. The Committee, Starbuck, and Qualls failed to timely file two pre-election campaign statements, in violation of Government Code Sections 84200.5, subdivision (a), and 84200.8, subdivision (a) (2 counts); failed to timely file two 24-Hour reports, in violation of Government Code Section 84203 (2 counts); and failed to timely file an amendment to the Committee’s Statement of Organization, in violation of Government Code Section 84103, subdivision (a) (1 count). Fine: $1,233. 

Mike Naggar was a successful candidate for Temecula City Council in the November 8, 2016 General Election. I Like Mike for Temecula City Council 2016 is his candidate-controlled committee. The Committee and Naggar failed to file five 24-Hour reports, in violation of Government Code Section 84203 (5 counts). Fine: $1,125. 

Democrats United for Public Education is a state general purpose committee. Diane Peete is the Committee’s treasurer. The Committee and Peete failed to file a quarterly campaign statement covering the reporting period of July1, 2015 through September 30, 2015, in violation of Government Code Sections 84202.7, subdivision (a) and 84605, subdivision (a)(2) (1 count). Fine: $1,000. 

TransForm CA Committee to Support Alameda County Measure BB was a local ballot measure committee to support Measure BB on the November 4, 2014 General Election ballot. Jeff Hobson was the Committee’s principal officer. Stuart Cohen was the Committee’s treasurer. The Committee, Hobson, and Cohen failed to timely file a Statement of Organization, in violation of Government Code Section 84101 (1 count); failed to timely file two pre-election campaign statements for the reporting periods covering January 1, 2014 through October 18, 2014, in violation of Government Code Section 84200.5 (2 counts); and failed to timely file one 24-Hour report, in violation of Government Code Section 84203 (1 count). Fine: $853. 

This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. Orange County Dignity PAC, sponsored by Orange County Federation of Labor AFL-CIO formed on February 9, 2012 as a committee in support of Julio Perez for 69th Assembly District for the June 5, 2012 Primary Election. After the election, the Committee became a state general purpose committee. At all relevant times, Tefere Gebre was the Committee’s treasurer. The Committee and Gebre failed to timely file two 24-Hour reports for late independent expenditures, in violation of Government Code Section 84204 (2 counts); and failed to timely file one 24-Hour report for a late contribution, in violation of Government Code Section 84203 (1 count). Fine: $827. 

Better School for Coalinga-Huron Kids Committee for Measure R was a local ballot measure committee in support of Measure R on the November 8, 2016 General Election ballot in Monterey County. Jay Mahfood is the Committee’s treasurer. The Committee and Mahfood failed to timely file three 24-Hour reports, in violation of Government Code Section 84203 (3 counts). Fine: $740. 

Isla Vistans Against Higher Taxes a Committee Against Measure F-2016 was a primarily formed local ballot measure against Measure F on the November 8, 2016 General Election ballot in Santa Clara County. Chuck Eckert was the Committee’s treasurer. The Committee failed to timely file two 24-Hour reports, in violation of Government Code Section 84203 (2 counts). Fine: $572. 

Quality Corcoran Schools – Yes on Measure V is a local ballot measure committee in support of Measure V on the June 5, 2012 Primary Election Ballot in Kings County. Shannon Nolan is the Committee’s treasurer. The Committee and Nolan failed to timely file one semiannual campaign statement for the reporting period of May 20, 2012 through June 30, 2012, in violation of Government Code Section 84200 (1 count). Fine: $342. 

Association of Educators PAC is a county general purpose committee. Kimberley Gudeth is the Committee’s treasurer. The Committee and Gudeth failed to timely file one semiannual campaign statement for the reporting period of October 23, 2016 through December 31, 2016 with the County of San Diego, in violation of Government Code Section 84200 (1 count). Fine: $245. 

Jacquie Sullivan was a member of the Bakersfield City Council. Jacquie Sullivan for City Council 2015 was Sullivan’s candidate-controlled committee. The Committee and Sullivan failed to timely file one semiannual campaign statement covering the period of July 1, 2015 through December 31, 2015, with the City of Bakersfield, in violation of Government Code Section 84200 (1 count). Fine: $223. 

Albert Beltran Jr. was an unsuccessful candidate for Trustee of Morgan Hill Unified School District in the November 8, 2016 General Election. Albert Beltran Jr. for Trustee 2016 was his candidate-controlled committee. The Committee and Beltran failed to timely file one semiannual campaign statement for the reporting period of October 23, 2016 through December 31, 2016, in violation of Government Code Section 84200 (1 count). Fine: $217. 

Alison Ordner was an unsuccessful candidate for Manteca Unified School District Board of Trustees in the November 8, 2016 General Election. Friends of Alison Ordner for MUSD TA 1, 2016 is her candidate-controlled committee. The Committee and Ordner failed to timely file one semiannual campaign statement for the reporting period of October 23, 2016 through December 31, 2016, in violation of Government Code Section 84200 (1 count). Fine: $215. 

Arnold Morrison was a successful candidate for President of the Delano Joint Union High School District Board in the November 8, 2016 General Election. Friends of Arnold Morrison is his candidate-controlled committee. Suzanne Villarus was the Committee’s treasurer. The Committee, Morrison, and Villarus failed to timely file one semiannual campaign statement covering the period of July 1, 2016 through December 31, 2016 with the County of Kern, in violation of Government Code Section 84200 (1 count). Fine: $206. 

Carla Neal was recalled in the September 1, 2015 Golden Valley Unified School District Recall Election. Neal for Golden Valley Unified School District 2014 was her candidate-controlled committee. The Committee and Neal failed to timely file one pre-election campaign statement for the reporting period of July 1, 2015 through August 15, 2015, in violation of Government Code Section 84200.5 (1 count). Fine: $204. 

Roy Boulghourjian was a successful candidate for Pasadena Unified School District Board of Education Member in the March 10, 2015 Primary Election. Roy Boulghourjian for School Board 2015 was his candidate-controlled committee. Vruyr Boulghourjian was the Committee’s treasurer. The Committee, Boulghourjian, and Vruyr Boulghourjian failed to timely file a semiannual campaign covering the period July 1, 2016 through December 31, 2016, in violation of Government Code Section 84200 (1 count). Fine: $204. 

Kevin Thomas was a successful candidate for Director of the Sacramento Suburban Water District Board of Directors in the November 4, 2014 General Election. Thomas failed to timely file a Candidate/Officeholder Short Form (Form 470) covering the period January 1, 2016 through December 31, 2016 with the County of Sacramento, in violation of Government Code Section 84206 (1 count). Fine: $200. 

Michelle Sierra-Sammons was a successful candidate for the office of Auburn Unified School District Board of Trustees in the November 4, 2014 General Election. Committee to Elect Michelle Sierra-Sammons for School Board 2014 was her candidate-controlled committee. The Committee and Sierra-Sammons failed to timely file one semiannual statement covering the period January 1, 2016, through June 30, 2016 with the County of Placer, in violation of Government Code Section 84200 (1 count). Fine: $200. 

Barbara Avalos was a successful candidate for the office of Trustee for the National School District in the November 8, 2016 General Election. Avalos Trustee 2016 was her candidate-controlled committee. The Committee and Avalos failed to timely file one semiannual campaign statement for the period of July 1, 2016 through December 31, 2016 with the County of San Diego, in violation of Government Code Section 84200 (1 count). Fine: $200.

Statement of Economic Interests Non-Filer

W.V. Graham Matthews, a planning commissioner for the County of Trinity, failed to timely file two Annual Statements of Economic Interests for the years of 2014 and 2015, in violation of Government Code Section 87203 (2 counts). Fine: $4,000. 

Kelvin Sauls, as a Member of the Los Angeles Homeless Services Authority, failed to timely file his 2015 Annual Statement of Economic Interests with the County of Los Angeles, in violation of Government Code Section 87300 (1 count). Fine: $400. 

Ana Mendez, as a Board Member for the Marin Schools Insurance Authority, failed to timely file the 2015 Annual Statement of Economic Interests with the Marin Schools Insurance Authority, in violation of Government Code Section 87300 (1 count). Fine: $200.

Vaneida E. White, a Physician and Surgeon with the California Department of Corrections and Rehabilitation, failed to timely file an Assuming Office Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.

Statements of Economic Interests Non-Reporter

Eric Reed failed to timely disclose his economic interests of between $10,001 - $100,000 of AT&T stock on his 2014 Annual Statement of Economic Interest, in violation of Government Code Section 87203. (1 count). Fine: $2,000. 

Nancy McFadden, Executive Secretary to Governor Edmund G. Brown, Jr., failed to properly disclose investment interests on three Annual Statements of Economic Interests covering the years of 2012, 2013 and 2014, in violation of Government Section Code 87206 (3 counts). Fine: $300.  

Robert Shapper, Chief Executive Officer of the Tahoe Forest Hospital District from 2002 through January 2015, failed to timely disclose a business position and spousal income on his 2012 and 2013 Annual Statements of Economic Interests, in violation of Government Code Sections 87207 and 87209 (2 counts); and failed to timely file a Leaving Office Statement of Economic Interests, in violation of Government Code Section 87204 (1 count). Fine: $300. 

Denise Barnes, City Council Member for the City of Anaheim, failed to disclose her pro-rata share of her spouse’s income on her on Candidate Statement of Economic Interests, in violation of Government Code Section 87207 (1 count). Fine: $100.