FPPC Enforcement Decisions, September 15, 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, September 15, 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 September 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.
Personal Use of Campaign Contributions/Campaign Reporting
Tina Baca Del Rio was a successful candidate for the City of Commerce City Council in the March 5, 2013 Election, initially elected as a member of the Commerce City Council in 2005. Tina Baca Del Rio for Commerce City Council 2013 (“Committee”), formerly known as Friends of Tina Baca Del Rio, is the controlled committee of Baca Del Rio. Baca Del Rio was the treasurer of the Committee at all relevant times. Baca Del Rio and the Committee: (1) failed to timely file and properly disclose financial activity on three semiannual campaign statements, in violation of Government Code Sections 84200, subdivision (a), and 84211, subdivisions (a)-(j) (3 counts); (2) failed to timely file and properly disclose financial activity on one pre-election campaign statement, in violation of Government Code Sections 84200.5, subdivision (c), 84200.8, subdivision (b) and 84211, subdivisions (a)-(j) (1 count); (3) failed to file fourteen 24-Hour Contribution Reports, in violation of Government Code Section 84203 (4 counts); and (4) failed to pay 2013 and 2014 Annual Fees to the Secretary of State’s Office, in violation of Government Code Section 84101.5 (1 count). Baca Del Rio, individually, used campaign funds which conferred a substantial personal benefit to her for purposes not directly related to a political, legislative or governmental purpose, in violation of Government Code Section 89512 (3 counts). Fine: $55,000.
Conflict of Interests/Campaign Reporting
Ivan Altamirano is currently the Mayor of the City of Commerce. He successfully ran for Commerce City Council in the March 5, 2013 election. Friends of Ivan Altamirano for Council 2013 (“Committee”) is his candidate controlled committee. Altamirano voted on three separate occasions to appoint and re-appoint his sister to the Commerce Planning Commission, who is a source of income to him as a tenant in his rental property. Altamirano also voted to place an all way stop sign within 150 feet of his home and rental property, in violation of Government Code Section 87100 (2 counts). Altamirano and the Committee: (1) failed to timely file and properly disclose financial activity on one pre-election campaign statement, in violation of Government Code Sections 84200.5, subdivision (c), 84200.8, subdivision (b) and 84211, subdivisions (b)(j) and (k) (1 count), and (2) failed to file twelve 24-Hour Reports, in violation of Government Code Section 84203 (2 counts). Fine: $15,500.
Chula Vista Educators PAC, a county general purpose committee, and Jennefer C. Porch made six independent expenditures totaling $3,694 during the 90 days before the November 4, 2104 General Election and failed to file six 24-Hour Late Expenditure Reports, in violation of Government Code Section 82036.5 (6 counts). Fine: $1,446.
Campaign Non-Filers
Arcadian’s Rights Protection Association is a county general purpose committee. Su and Arcadian’s Rights Protection Association failed to timely file: a statement of organization within 10 days of qualifying as a committee, one pre-election campaign statement for the reporting period of January 1, 2016 through March 26, 2016, and two late independent expenditure reports, in violation of Government Code Sections 84101, 84200, and 84204 (4 counts). Fine: $868.
Lilly Agbalog, an unsuccessful candidate for Delano Union Joint High School District Board, and Romeo Agbalog failed to timely file three semiannual campaign statements covering the periods of October 19, 2014 through December 31, 2014, January 1, 2015 through June 30, 2015, and July 1, 2015 through December 31, 2015, in violation of Government Code Section 84200 (3 counts). Additionally, Lilly Agbalog and Romeo Agbalog failed to file a 24-Hour Late Contribution Report that would have disclosed that she received $3,000 on September 25, 2014, in violation of Government Code Section 84203 (1 count). Fine: $861.
Jason Anderson was an unsuccessful candidate for Oakland Mayor during the November 4, 2014 General Election. His candidate controlled committee was Jason Anderson Town Mayor 2014. Terance Orme was the Committee’s treasurer. Anderson, Orme, and the committee failed to timely file two semiannual campaign statements for the periods of February 18, 2014 through June 30, 2014, and October 19, 2014 through December 31, 2014, in violation of Government Code Section 84200 (2 counts). Anderson, Orme, and the committee also failed to timely file two pre-election campaign statements for the periods of July 1, 2014 through September 30, 2014, and October 1, 2014 through October 18, 2014, in violation of Government Code Section 84200.5 (2 counts). Fine: $812.
Mary Ann Nihart was a successful candidate for Pacifica City Council in the November 6, 2012 General Election. Committee to Elect Mary Ann Nihart for City Council 2012 is her candidate controlled recipient committee. Mary Ann Nihart, Committee to Elect Mary Ann Nihart for City Council 2012, and Treasurer Eileen Manning-Villar failed to timely file four consecutive semiannual campaign statements for the reporting period of July 1, 2013 through June 30, 2015, in violation of Government Code Section 84200 (4 counts). Fine: $803.
Romeo Abaglog, Romeo Agbalog for Delano Union Elementary School Board Trustee, and Treasurer Greg White failed to timely file two semiannual campaign statements covering the periods of January 1, 2012 through June 30, 2012, and July 1, 2012 through December 31, 2012, in violation of Government Code Section 84200 (2 counts). Fine: $400.
Statement of Economic Interests Non-Filers
Erica Lemons, as a Board Member of the Anderson Valley Unified School District in the County of Mendocino, failed to file two Annual Statements of Economic Interest for the years of 2013 and 2014, in violation of Government Code Section 87300 (1 count). Fine: $1,200.
Andres Gutierrez, as a Member of the Guadalupe Public Cemetery District in the County of Santa Barbara, failed to timely file two Annual Statements of Economic Interests covering the years of 2014 and 2015, in violation of Government Code Section 87300 (2 counts). Fine: $400.
Alon Glickstein, as a Member of the Oak Park Municipal Advisory Council 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: $200.
Neal Dixon, as Director of the Pleasant Valley Recreation and Park District for 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: $200.
Jason Stack, as a consultant for the City of Oceanside, failed to timely file his 2015 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.
Ward O’Doherty, as Commissioner for the Economic Development Commission in the City of Oceanside, failed to timely file his 2015 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.