FPPC Enforcement Decisions, October 20, 2016
For More Information 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, October 20, 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 October 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.
Campaign Reporting
In 2012, Luis Castro was a successful candidate for re-election to the Calexico City Council. Committee to Elect Luis Castro for Calexico City Council Member 2012 was his candidate controlled committee, and his wife, Ana Castro, was the committee treasurer. The committee failed to use a single, designated campaign bank account, in violation of Government Code Section 85201 (1 count); accepted unlawful cash contributions and expenditures in violation of Government Code Section 84300, subdivisions (a) and (b) (1 count). The committee also failed to timely file two pre-election campaign statements in violation of Government Code Sections 84200.5, subdivision (b), and 84200.7, subdivision (b) (1 count). Fine: $7,000.
Advertising Disclosures
The Hemet Taxpayers Association, a general purpose committee in the City of Hemet, produced several campaign signs opposing Measure E that did not adequately disclose the committee as the source of the advertisements, in violation of Government Code Section 84504, subdivision (c). Fine: $2,000.
Lobbying Reporting
California Workers’ Compensation Defense Attorneys Association failed to file two lobbyist employer reports covering the period of July 1, 2014 through December 31, 2014, in violation of Government Code Section 86117 (2 counts). Fine: $400.
Campaign Non-Filer
John McPartland was a successful candidate for BART Board of Directors District 5 in the November 6, 2012 election. John McPartland for BART Director 2012 is McPartland’s candidate controlled committee. Kenneth Pon is the committee’s treasurer. The Committee, McPartland, and Pon failed to timely file one pre-election statement and six semiannual campaign statements, in violation of Government Code Sections 84200, 84200.5, subdivision (b), and 84200.7, subdivision (b) (2 counts). Fine: $3,500.
Janet McClean was a successful candidate for the San Marcos Unified School District Governing Board on November 6, 2012. Janet McClean for SMUSD School Board 2012 is her candidate controlled committee. McClean and her committee failed to timely file one late contribution report due by October 5, 2012, in violation of Government Code Section 84203 (1 count). The committee failed to timely file five semiannual campaign statements covering the period of July 1, 2013 through June 30, 2016, in violation of Government Code Section 84200 (5 counts). Fine: $1,227.
Jim Cartmill was an unsuccessful candidate for Sweetwater Union High School District Trustee in the November 4, 2014 General Election. Friends of Jim Cartmill Sweetwater Union High School District Area 3 2014 is his candidate controlled committee. Friends of Jim Cartmill Legal Defense Fund is his legal defense committee. Friends of Jim Cartmill Sweetwater Union High School District Area 3 2014, Friends of Jim Cartmill Legal Defense Fund, Jim Cartmill, and Treasurer Dave Ruch failed to timely file two semiannual campaign statements for the period of July 1, 2015 through December 31, 2015, in violation of Government Code Section 84200 (2 counts). Fine: $481.
Newell Arnerich was an unsuccessful candidate for the California State Assembly. Arnerich for Assembly 2014 is his candidate controlled committee. Robert Storer is the committee’s treasurer. Arnerich for Assembly 2014, Arnerich, and Storer failed to timely file two semiannual campaign statements covering the periods of January 1, 2015 through December 31, 2015, in violation of Government Code Section 84200 (2 counts). Fine: $449.
Melinda Vasquez is a candidate for Assembly in the November 8, 2016 election. Melinda Vasquez for Assembly 2016 is Vasquez’s candidate controlled committee. Kelvin Barrios is the committee’s treasurer. The committee, Vazquez and Barrios failed to timely file one pre-election campaign statement covering the period April 24, 2016 through May 21, 2016, in violation of Government Code Section 84200.5 (1 count). Fine: $405.
Gina Cuclis was an unsuccessful candidate for Sonoma County Supervisor in the June 7, 2016 Primary Election. Friends of Gina Cuclis for Supervisor 2016 is her candidate controlled committee. Roy Tennant is the committee’s treasurer. Cuclis, Friends of Gina Cuclis for Supervisor 2016, and Tennant received a non-monetary contribution totaling $1,355 during the 90 days before the Primary Election and failed to file one 24-hour late contribution report, in violation of Government Code Section 84203 (1 count). Fine: $213.
Jeffrey M. Herdman is a candidate for the Newport Beach City Council for the November 8, 2016 election. Herdman solicited and received contributions prior to filing his Candidate Statement of Intention (Form 501), in violation of Government Code Section 85200 (1 count). Fine: $200.
Statement of Economic Interests Non-Filer
Aaron Medina, a member of the California Travel and Tourism Commission, failed to file an Assuming Office Statement of Economic Interests, and Annual Statements of Economic Interests for the years of 2013 and 2014, in violation of Government Code 87300. Fine: $15,000.
Albert Duff Sr., as a Board Member for the Oxnard School District in the County of Ventura, failed to timely file his 2015 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $400.
Perla Flores, as a member of the Santa Clara County Domestic Violence Council, failed to timely file her 2014 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.
Mike Bramlette, as a Director of the Santa Paula Unified School District in the County of Ventura, failed to timely file a 2015 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.
Lawrence Michael Sprague, as a Board Member for the Big Creek Elementary School in the County of Fresno, failed to timely file his 2015 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.
Statement of Economic Interests Non-Reporter
Valentin Amezquita, a member of the Huntington Park City Council, failed to disclose a gift of a $75 dinner from Alvarez-Glasman & Colvin on his 2015 Statement of Economic Interests, in violation of Government Code Section 87207 (1 count). Fine: $100.
Annual Fee
Sergio Sanchez for Salinas City Council, a local candidate committee, and Sergio Sanchez, treasurer, failed to pay the 2013 $50 Annual Fee to the Secretary of State’s Office, in violation of Government Code Section 84101.5 (1 count). Fine: $400.
Families for Sergio Sanchez Mayor 2012, a local candidate committee supporting Salinas mayoral candidate Sergio Sanchez, and Sergio Sanchez, treasurer, failed to pay the 2013 $50 Annual Fee to the Secretary of State’s Office, in violation of Government Code Section 84101.5 (1 count). Fine: $400.
Sanchez for Supervisor 2012, a local candidate committee supporting Monterey County Board of Supervisors candidate Sergio Sanchez, and Sergio Sanchez, treasurer, failed to pay the 2013 $50 Annual Fee to the Secretary of State’s Office, in violation of Government Code Section 84101.5 (1 count). Fine: $400.
xxx