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For immediate release: 05/13/2010

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FPPC Enforcement Decisions: May 13, 2010

.pdf version of news release

Contact: Roman Porter, (916) 322-7761


The following are enforcement decisions approved by the Fair Political Practices Commission at its regular monthly meeting held in Sacramento on Thursday, May 13, 2010. Decisions are listed by category and include a brief summary of each case and the total amount of any administrative fine or fines in each case.

Additional information on each of the enforcement cases 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 10 days prior to each monthly meeting.

The web version of the agenda includes links to the stipulations agreed to by the commission and by 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 are unable to access the FPPC website, or need further assistance, please call the FPPC communications office at (916) 322-7761.

Campaign Reporting Violations

Hoa Van Tran, Hoa Van Tran for Supervisor, and Phu Do Nguyen, a candidate for Orange County Supervisor in the June 1, 2008 election, his candidate controlled committee, and the assistant treasurer responsible for campaign documents filed during the relevant period, failed to disclose expenditures on a campaign statement filed March 24, 2008, for the period covering January 1, 2008 through March 17, 2008. $2,000 fine.

Elizabeth Todd-Gallardo, a member of the Sausalito/Marin City School District Board of Trustees from November 2006 to November 2008, failed to file three consecutive semi-annual campaign statements by their July 31, 2007, January 31, 2008, and July 31, 2008, due dates. $7,500 fine.

John Futch, Friends of John Futch, and Fermin Ramirez, a member of the San Bernardino Community College Board of Trustees, his controlled committee, and the committee’s treasurer, failed to timely file two pre-election campaign statements. $6,000 fine.

Coalition of Labor, Agriculture and Business, an Imperial County based business association, failed to timely file a late independent expenditure report and failed to timely file a semi-annual campaign statement for the reporting period July 1, 2008 through December 31, 2008. $3,500 fine.

Majid “Mike” Masoumi qualified as an independent expenditure committee for the June 6, 2006, election in the City of Saratoga. He failed to timely file a second pre-election campaign statement. $2,500 fine.

Mark Montemayor, as a candidate for West Sacramento City Council, and his committee, Team Montemayor, with Mark Montemayor as treasurer, failed to timely file four semi-annual statements. $1,600 fine.

Inyo County Republican Central Committee and William Snyder, a campaign committee and its treasurer, failed to timely file semi-annual campaign statements. $600 fine.

Conflict of Interest Violation

California law states that, absent an exception, a public official may not make, participate in making or in any way attempt to use his or her official position to influence a governmental decision in which he or she knows or has reason to know he or she has a financial interest. The following official made governmental decisions in which he had a material financial interest:

Robert Waterston, Chairman of the Local Agency Formation Commission for Fresno County, made two governmental decisions in which he had a financial interest. $7,000 fine.

Statements of Economic Interests Violations

California law requires elected officials, certain board members and governmental employees, and consultants employed by governmental entities to complete and file Statements of Economic Interests (SEIs or Form 700s). SEIs serve a dual purpose: they make a filer aware of personal economic interests relative to a governmental decision, and they are an important disclosure document for the public and media.

The following individuals failed to file their Statement of Economic Interests forms on time:

Carlos Baker, while serving as a retired judge who served 30 days or more in a calendar year, failed to timely file annual Statements of Economic Interests for years 2006, 2007, and 2008. $3,000 fine.

Priya Mathur, a member of the California Public Employees Retirement Board, failed to file a 2008 annual Statement of Economic Interests, by the March 3, 2009, due date. $4,000 fine.

Rosa Hernandez was a designated employee of the California State Assembly. She failed to timely file a leaving office Statement of Economic Interests in 2006 and 2007 and an assuming office Statement of Economic Interests. $2,400 fine.

Beth Willon, former Chief of Staff with the California State Senate and a former principal consultant with the California State Assembly, failed to file a leaving office Statement of Economic Interests by the May 30, 2006 and August 4, 2008, due dates, and failed to file a 2007 annual Statement of Economic Interests by the April 1, 2008, deadline. $500 fine.

The following individual failed to include all economic interests that were required to be disclosed in the Statement of Economic Interests:

Katherine Hart Johns, Central Valley Regional Water Quality Control Board member, failed to report her husband’s separate property interest in his firm, California Resource Strategies, Inc., on her 2006, 2007, and 2008 annual Statements of Economic Interests. $600 fine.

Late Contribution Reporting Violation

When contributions of $1,000 or more are made during the final days of an election—the time between the last campaign report required to be filed and the end of the election—late contribution reports must be filed within 24 hours of making or receiving the “late” contribution. The following failed to file a late contribution report as required by law:

In the Matter of Los Angeles County Democratic Party-State Issue and Advocacy Committee and Kinde Durkee, the committee’s treasurer, failed to timely report receiving late contributions totaling $38,350. $5,752 fine.

Major Donor Violation

A major donor is a person or entity who makes contributions totaling $10,000 or more in a calendar year and is required to file campaign reports detailing how much was contributed and to whom.

When contributions of $1,000 or more are made during the final days of an election—the time between the last campaign report required to be filed and the end of the election—late contribution reports must be filed within 24 hours of making or receiving the “late” contribution. The following failed to file major donor and late contribution reports as required by law:

Matter of Prime Steaks, Inc., Donovan’s Steak & Chop House, and Affiliated Entities, a major donor committee, failed to timely file a semi-annual campaign statement disclosing contributions totaling $27,101 in 2008 and failed to timely file two late contributions reports in connection with the November 4, 2008, election. $2,230 fine.


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