FPPC Enforcement Decisions, April 21, 2016

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, April 21, 2016. 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 April 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.

Conflicts of Interest

Kendra Okonkwo was the Executive Director of Wisdom Academy of Young Scientists (WAYS), a public charter elementary school located in Los Angeles, CA. Okonkwo used her official position to influence governmental decisions of the WAYS Board of Directors when she negotiated and signed lease agreements between her and WAYS for real property in which she had an economic interest of $2,000 or more, in violation of Government Code Section 87100 (2 counts), and when she made governmental decisions by signing contracts as the Executive Director on behalf of WAYS for site improvements to real property in which she held an economic interest of $2,000 or more, in violation of Government Code Section 87100 (2 counts). Fine: $16,000.

Gregory Cox is a member of the California Coastal Commission. In October 2015, at a public meeting of the Coastal Commission, Cox moved to approve an application by SeaWorld for a permit to replace and expand its existing orca facility with a condition limiting the number of orcas in the facility. The motion was amended to ban captive breeding of orcas at SeaWorld and to restrict orca transfers, and the motion passed 11 to 1. Cox was the dissenting vote. Then, the Coastal Commission unanimously voted to approve the permit with an amendment relating to orcas. When Cox voted on these matters, he held, through his wife, a disqualifying interest in SeaWorld stock, in violation of Government Code section 87100 (1 count). Fine: $3,000.

Surplus Funds

Guzman was an unsuccessful candidate for re-election to the Montebello Unified School District Board of Education in the November 5, 2013 General Election. Friends to Elect Gerri Guzman for School Board was Guzman’s controlled recipient committee, and Trujillo was the treasurer. In this matter, Guzman, the Committee, and Trujillo failed to include occupation and employer information for approximately 21 individual contributors, in violation of Government Code Section 84211, subdivision (f) (1 count), made expenditures totaling approximately $3,000 for miscellaneous expenditures from campaign funds that had become surplus, in violation of Government Code Section 89519 (1 count), and failed to pay the 2013 and 2014 $50 annual fees to the Secretary of State’s Office, and failed to pay the $150 penalties for each unpaid annual fee, in violation of Government Code Section 84101.5, subdivisions (c) and (d) (1 count). Fine: $5,000.

Campaign Reporting

Monica Cooper was a successful candidate for City Treasurer for the City of Carson in the March 3, 2015 election. Friends to Elect Monica Cooper Treasurer of Carson 2015 (the Committee), was Cooper’s candidate controlled committee and Cooper was the Committee’s treasurer. Cooper and the Committee failed to deposit contributions into a single, designated campaign bank account prior to expenditure, in violation of Government Code Sections 85201, subdivisions (c) and (e) (1 count); and Cooper and the Committee made cash expenditures of $100 or more, totaling approximately $4,010, in violation of Government Code Section 84300, subdivision (b) (1 count). Fine: $4,000.

Campaign Statement Non-Filer

Shelly Garza was an unsuccessful candidate for Oakland City Council, District 5 in the November 6, 2012 General Election. Shelly Garza for City Council District 5 2012 was her candidate controlled recipient committee. Kathy Kyllonen was the treasurer. Garza, the Committee, and Kyllonen failed to file a semiannual campaign statement, in violation of Government Code Section 84200 (1 count). Fine: $650.

Peate for Community College Board of Trustees 2010 is a local candidate controlled committee. Dan Peate was an unsuccessful candidate in November 2, 2010 election for the Ventura County Community College District Board of Trustees. At all times relevant, John Peate was the treasurer. Dan Peate and the Committee failed to timely file a semiannual campaign statement for the period of January 1, 2011 through June 30, 2011, in violation of Government Code Section 84200 (1 count). Fine: $600.

Andrew Blumenfeld for Assembly is a candidate controlled committee. The committee failed to timely file a 10-day report disclosing two loans the committee received from the candidate, in violation of Government Code Section 85309 (1 count). Fine: $450.

Dolores Marquez for SCC Board of Education 2014 is a candidate controlled committee. Dolores Marquez and her committee treasurer, Angelica Frausto, failed to timely file a semiannual campaign statement for the reporting periods of January 1, 2015 through June 30, 2105, and July 1, 2015 through December 31, 2015, in violation of Government Code Section 84200 (2 counts). Fine: $400.

Silva for Stockton Mayor 2016 is a candidate controlled committee. Anthony Silva is running for re-election at the June 2016 Primary. Mr. Silva and his committee treasurer, Robert McNeal, failed to timely file a semiannual campaign statement for the reporting period of July 1 through December 31, 2015, in violation of Government Code Section 84200 (1 count). Fine: $307.

Lobbyist Reporting

The County of Madera failed to timely file a Lobbyist Employer report for the period of October 1, 2014 through December 31, 2014, in violation of Government Code Section 86117 (1 count). Fine $425.

Statement of Economic Interests Non-Filer

Nidia Bautista, as an Assistant Consultant with the California State Senate, failed to timely file 2013 and 2014 Annual Statements of Economic Interests, in violation of Government Code Sections 87300 and 87302, subdivision (b). (2 counts). Fine: $2,200.

Jeffrey Senior, Commissioner of the California Travel and Tourism Commission, failed to timely file 2013 and 2014 Annual Statements of Economic Interests, in violation of Government Code Section 87300 (2 counts). Fine: $2,000.

Vincent Wells, as a Member of the Oversight Board to the Successor Agency of the Redevelopment Agency for the City of Walnut Creek, failed to timely file 2013 and 2014 Annual Statements of Economic Interests, in violation of Government Code Section 87300 (2 counts). Fine: $400.

Archelle Funnie, as a Planning Commissioner with the City of East Palo Alto, failed to timely file a 2014 Annual Statement of Economic Interests, in violation of Government Code Section 87202 (1 count). Fine: $300.

Bill Bonini, as a director of the Tomales Village Community Services District, failed to timely file an Assuming Office Statement of Economic Interests covering the period of January 1, 2013 through January 1, 2014, in violation of Government Code Section 87300 (1 count). Fine: $200.

Julius Fu, as a Consultant with the Santa Clara County Mental Health Department, failed to timely file a 2014 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.

Susan Adams, as a Planning Commissioner for the City of Rohnert Park, failed to timely file a 2014 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Fine: $200.

Wenn Chyn, as a Civil Engineer with the City of Los Angeles Bridge Improvement Division, failed to timely file a 2014 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.

Arnold Suzukamo, as a Senior Systems Analyst II with the Los Angeles City Police Department, failed to timely file a 2014 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.

Statement of Economic Interests Non-Reporter

Respondent Larry Barrett, as a Board Member of the Golden Hills Community Service District, failed to timely disclose his economic interests on income received as a realtor on the Assuming Office and 2014 Annual Statements of Economic Interests covering the period of January 7, 2011 through December 31, 2014, in violation of Government Code Section 87207 (2 counts). Fine: $200.

Annual Fee

Responsible Leadership for a Better Community and David Gould, failed to pay the 2014 $50 annual fee to the Secretary of State’s Office, in violation of Government Code Section 84101.5. Fine: $200.

Jaime Bonilla for Otay Water Board, Jaime Bonilla was previously an Otay Water Board Member, and Maria Stere failed to pay the 2014 $50 annual fee to the Secretary of State’s Office, in violation of Government Code Section 84101.5. Fine: $200.

Palo Altans to Preserve Neighborhood Zoning, a City General Purpose Committee, and Timothy Gray failed to pay the 2014 $50 annual fee to the Secretary of State’s Office, in violation of Government Code Section 84101.5. Fine: $200.

Garvey Education Association Political Action Committee, a County General Purpose Committee, and Ken Tang failed to pay the 2014 $50 annual fee to the Secretary of State’s Office, in violation of Government Code Section 84101.5. Fine: $400.

General Item

Assignment of Hearing to Administrative Law Judge (ALJ): In the Matter of Ventura County Republican Party and Arkady Milgram; FPPC No. 16/100. Staff: The Executive Director and the Chief of Enforcement are recommending that a hearing be conducted before an ALJ pursuant to Section 11512, subdivision (a). The ALJ will make a recommendation to the Commission on the findings of fact, law and penalty, if applicable, in the matter. The Commission will then have the opportunity to make the final determination on the case. If the Commission agrees with this recommendation, no action is required.