FPPC Enforcement Decisions: August 21, 2014

Contact: Jay Wierenga , (916) 322-7761

The following are enforcement decisions approved by the Fair Political Practices Commission at its regular monthly meeting held on Thursday, August 21, 2014. 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 August 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 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 or need further assistance, please contact the FPPC communications office at (916) 322-7761 or press@fppc.ca.gov.

Campaign Reporting

Yocha Dehe Winton Nation, a major donor committee and lobbyist employer, made campaign contributions to a State Senator that exceeded the contribution limit. Respondent also failed to timely disclose three non-monetary contributions made to campaign committees controlled by State legislators and a candidate for the State legislature. $9,000 fine.

Terri Valladolid and Friends of Terri Valladolid for Southwestern College School Board 2010, a current member of Southwestern College School Board, and her candidate-controlled committee, Friends Of Terri Valladolid For Southwestern College School Board 2010, failed to file three semi-annual campaign statements covering the period of July 1, 2012 through December 31, 2013. $3,000 fine.

Adam Gray and Adam Gray for Assembly 2012, a member of the California State Assembly, and his candidate-controlled committee, failed to disclose a non-monetary contribution from Yocha Dehe Wintun Nation on their semi-annual campaign statement in the amount of $1,900. $2,000 fine.

Dave Pine, Pine for Supervisor 2012, and Dave Pine, Treasurer, failed to timely file two pre-election statements covering the period January 1, 2012 through May 19, 2012, due on March 22, 2012 and May 24, 2012, and two semi-annual campaign statements covering the period July 1, 2011 through June 30, 2012, due on January 31, 2012 and July 31, 2012, with the Registration & Elections Division of the County of San Mateo. $800 fine.

Patty Lopez and Lopez for Assembly 2014, failed to timely file the pre-election campaign statement covering the periods January 1, 2014 through March 17, 2014, due on March 24, 2014, and the period March 18, 2014 through May 17, 2014, due on May 22, 2014, with the Los Angeles County Registrar Recorder/County Clerk.$400 fine.

Hector Gastelum as Candidate, Hector Gastelum as Committee, and Hector Gastelum as Treasurer, failed to timely file one pre-election statement covering the period March 18, 2014 through May 17, 2014, due on May 22, 2014, with the City of Chula Vista. $200 fine.

Mt. San Antonio College Faculty Association Political Action Committee and Al Kirchgraber, Treasurer, failed to timely file a semi-annual campaign statement covering the period January 1, 2013 through June 30, 2013, due July 31, 2013, with Los Angeles County. $200 fine.

Personal Use of Campaign Funds

Jon McQuiston and Diane Oglesby, Jon McQuiston (“Respondent McQuiston”), was an unsuccessful candidate for the Assembly in the 2012 Primary Election. Jon McQuiston for 32nd Assembly 2012 (“Assembly Committee”) was Respondent McQuiston’s controlled committee. At all relevant times, Respondent, Diane Oglesby (“Respondent Oglesby”), was the Treasurer for the Assembly Committee. In this matter, Respondent Oglesby caused the Assembly Committee to make an expenditure of campaign funds, totaling $6,000, which conferred a substantial personal benefit on Respondent Oglesby, for purposes other than directly related to a political, legislative, or governmental purpose, and Respondent McQuiston caused the Assembly Committee to make expenditures of campaign funds, totaling approximately $1,872, which conferred a substantial personal benefit on Respondent McQuiston, for purposes other than directly related to a political, legislative, or governmental purpose. $7,000 fine.

Sender Identification

Joe Anderson, was a successful candidate for the Foresthill Public Utilities District Board in the November 2012 election. In the month prior to the election, Respondent paid to produce and distribute 1,217 mailers in support of his candidacy and the candidacies of two other candidates for the Board. All 1,217 of the mailers sent failed to include the required sender identification identifying Respondent as the party that paid to produce and distribute the mailing. $2,500fine.

Lobbying Non-Filer

California Employment Law Council, a California lobbyist employer, failed to timely file a Lobbyist Employer Report, between October 1, 2013 and December 31, 2013, due on January 31, 2014, disclosing total payments made for lobbying services in the amount of $27,874.67. $1,000 fine.

CA State Grange, an In-house Lobbyist Employer, failed to timely file four Report of Lobbyist Employer forms, covering the period January 1, 2013 through December 10, 2013, due on April 30, July 31, October 31, 2013 and January 31, 2014, respectively. $800 fine.

Lobbyist Arranged Gift

Debra Gravert, while employed as Chief of Staff for a State Assemblymember, knowingly received a gift from the San Francisco Forty Niners arranged by a lobbying firm. $1,000 fine.

Lobbyist Campaign Contribution

McKay Carney, is a registered lobbyist for the lobbyist firm Manatt, Phelps & Phillips, LLP. At all times relevant to this matter, Respondent was registered to lobby the State Legislature and Executive Branch. Over a one-year span, Respondent provided refreshments paid for with her own personal funds at three fundraisers for elected officials she was registered to lobby. The refreshments provided by Respondent at the fundraisers constituted non-monetary contributions to the three elected officials for which the fundraising events were held. $1,000 fine.

Gift Over the Limit

David “Chico” Fuentes, was Mayor of the City of Irwindale at the time of the violation. In this matter, Respondent received a $1,000 gift, which exceeded the $420 gift limit, from the Royal Coach & Towing, a company that was attempting to obtain the rights to a towing contract with the City of Irwindale. $2,000 fine.

Statement of Economic Interests - Non-Filer

John Clarey, as a County of Orange Airport Commissioner, failed to timely file a 2012 Annual Statement of Economic Interests, due on April 2, 2013, with the Orange County Clerk of the Board of Supervisors. $400 fine.

Phuc T. Lam, as a Physician and Surgeon, failed to timely file a 2012 Annual Statement of Economic Interests, due on April 2, 2013, with the California Correctional Health Care Services. $400 fine.

Annette Cordero, Member of Santa Barbara Unified School District, Board of Education, failed to timely file a Leaving Office Statement of Economic Interests, due on January 10, 2013, with the County Clerk, Elections Division for the County of Santa Barbara. $200 fine.

Truc Christie Tran, Board Member of Barbering & Cosmetology, failed to timely file a 2012 Annual Statement of Economic Interests covering the period January 1, 2012 through December 31, 2012, due on April 2, 2013, with the Orange County Department of Consumer Affairs. $200 fine.

Lowell Lash, as a Member of Planning & Development, Central Board of Architectural Review for the County of Santa Barbara, failed to timely file a 2012 Annual Statement of Economic Interests, due on April 2, 2013, with the Santa Barbara County Clerk, Recorder and Assessor for the Elections Division. $200 fine.

Stanley L. McCloud, as a Manager with the Department of Motor Vehicles, failed to timely file one Assuming Office Statement of Economic Interests, due July 3, 2013, with the Conflict of Interest Coordinator for the Department of Motor Vehicles. $200fine.

David Muellenhof, as Chair for the City of Livermore Housing Authority, failed to timely file a 2013 Annual Statement of Economic Interests, due on April 1, 2014.$200 fine.

Hong Beom Rhee, as a Member of the Professional Engineers & Land Surveyors Board, failed to timely file a 2012 Annual Statement of Economic Interests, due on April 2, 2013. $200 fine.

Tom Quigley, as a member of the Workforce Investment San Francisco Board, failed to timely file a 2012 Annual Statement of Economic Interests, due on April 2, 2013. $200 fine.

Statement of Economic Interests - Non-Reporting

Carlos Villapudua, San Joaquin County Supervisor, failed to disclose various business, investment, and real property interests, as well as sources of income and gifts, on his 2012 and 2013 Annual Statements of Economic Interests, due on April 2, 2013 and April 1, 2014. $1,000 fine.

Nancy Stewart, was the Food Service Director for the Sweetwater Union High School District. In this matter, Respondent failed to disclose her company, Careers to Go, on two Annual Statements of Economic Interests, filed March 12, 2010, and March 17, 2011, and failed to file a Leaving Office Statement of Economic Interests, due July 2011. $600 fine.

###