FPPC Enforcement Decisions, April 19, 2018

FOR IMMEDIATE RELEASE                            

April 19, 2018

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 19, 2018. 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.

One Bank Account Rule/Personal Use 

In the Matter of Donna Munoz for County Supervisor 2016, Donna Munoz, and Max Hazard; FPPC No. 17/140. Staff: Commission Counsel Christopher Burton. Donna Munoz was an unsuccessful candidate for San Bernardino County Supervisor in the June 7, 2016 Primary Election. Donna Munoz for County Supervisor 2016 was Munoz’s candidate-controlled committee. Max Hazard was the Committee’s treasurer. The Committee, Munoz, and Hazard failed to timely file 24-Hour Reports, in violation of Section 84203 (1 count); failed to pay expenses from the designated campaign bank account, in violation of Section 85201, subdivisions (d) and (e) (1 count); and made expenditures of campaign funds not related to a political, legislative, or governmental purpose, in violation of Section 89512 (1 count). Fine: $6,500. 

Campaign Contribution Limit Violations 

In the Matter of IBEW Local 1245 Political Action Committee, Cecelia De La Torre, and Tom Dalzell; FPPC No. 17/597. Staff: Commission Counsel Christopher Burton. IBEW Local 1245 Political Action Committee is a state general purpose committee. Cecelia De La Torre is the Committee’s treasurer. Tom Dalzell is the Committee’s principal officer. The Committee, De La Torre, and Dalzell made campaign contributions to a candidate that exceeded the campaign contribution limit for State Assembly candidates, in violation of Government Code Section 85301, subdivision (a); and Regulation 18545, subdivision (a)(1) (1 count). Fine: $3,000. 

Cash Contributions 

In the Matter of Committee to Elect Sandra Brown for Sheriff 2014, Sandra Brown and Edward Murray; FPPC No. 17/071. Staff: Senior Commission Counsel Bridgette Castillo. This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. Sandra Brown was an unsuccessful candidate in the June 3, 2014 Primary Election. Committee to Elect Sandra Brown 2014 was her candidate-controlled committee. Edward Murray was the Committee’s treasurer. The Committee, Brown and Murray accepted 12 cash contributions of $100 or more, in violation of Government Code Sections 84300, subdivisions (a) and (c) (1 count). Fine: $2,000. 

Mass Mailing at Public Expense 

In the Matter of Imperial Irrigation District; FPPC No. 17/1176. Staff: Senior Commission Counsel Angela Brereton. Imperial Irrigation District, a public agency providing water and energy to Imperial County and parts of Riverside and San Diego counties, produced and sent approximately 152,000 copies of a newsletter in or about September 2017, at public expense. These newsletters featured the photograph and name of a governing board member, in violation of Government Code Section 89001 (1 count). Fine: $2,000. 

Lobbying Non-Filer 

In the Matter of Golden State Manufactured-Home Owners League, Inc. and Tim Sheahan; FPPC No. 17/463 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Golden State Manufactured-Home Owners League, Inc., a lobbyist employer, failed to timely file six lobbyist employer reports for the reporting periods of January 1, 2016 through June 30, 2017, in violation of Government Code Section 86117 (6 counts). Fine: $1,733. 

In the Matter of Strategies to Empower People (STEP); FPPC No. 18/14 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Intake Manager Tara Stock. Strategies to Empower People (STEP), a lobbyist employer, failed to timely file two lobbyist employer reports covering the periods of October 1, 2016 through March 31, 2017, in violation of Government Code Section 86117 (2 counts). Fine: $860. 

In the Matter of Brain Injury Association of California; FPPC No. 17/689 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Brain Injury Association of California, a lobbyist employer, failed to timely file three lobbyist employer reports for the reporting periods of April 20, 2016 through December 31, 2016, in violation of Government Code Section 86117 (3 counts). Fine: $600.  

Campaign Non-Filer 

In the Matter of Sullivan Luxury Cars, LLC dba Lexis Santa Monica; FPPC No. 17/1455 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Teri Rindahl. In September 2016, Sullivan Luxury Cars, LLC dba Lexis Santa Monica qualified as a major donor committee and failed to timely file a major donor campaign statement for the reporting period covering January 1, 2016 through December 31, 2016, in violation of Government Code Sections 84200 (1 count); and failed to timely file 24-Hour Reports, in violation of Government Code Section 84203, subdivision (b) (1 count). Fine: $800. 

In the Matter of Citizens for Accountable Government and Marilyn Will, Treasurer; FPPC No. 17/1383 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Intake Manager Tara Stock. Citizens for Accountable Government was a local committee primarily formed to support two unsuccessful candidates for city council on the November 7, 2017 General Election ballot in the City of Palm Springs. Marilyn Will was the Committee’s treasurer. The Committee and Will failed to timely file one pre-election campaign statement covering the reporting period of January 1, 2017 through October 21, 2017, in violation of Government Code Section 84200.5 (1 count); and failed to timely file two 24-Hour Reports, in violation of Government Code Section 84203 (2 counts). Fine: $741. 

In the Matter of Saint John’s Health Center Foundation; FPPC No. 17/1454 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Teri Rindahl. Saint John’s Health Center Foundation qualified as a major donor committee and failed to timely file a major donor campaign statement for the reporting period covering January 1, 2016 through December 31, 2016, in violation of Government Code Section 84200 (1 count); and failed to timely file a 24-Hour Report, in violation of Government Code Section 84203, subdivision (b) (1 count). Fine: $600. 

In the Matter of Providence Saint John’s Health Center; FPPC No. 17/1459 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Teri Rindahl. In October 2016, Providence Saint John’s Health Center qualified as a major donor committee and failed to timely file a major donor campaign statement for the reporting period covering January 1, 2016 through December 31, 2016, in violation of Government Code Section 84200 (1 count); and failed to timely file a 24-Hour Report, in violation of Government Code Section 84203, subdivision (b) (1 count). Fine: $600. 

In the Matter of Brian Contreras for City Council Area 1 2016, and Timothy Fitzgerald; FPPC No. 17/701 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Intake Manager Tara Stock. Brian Contreras was an unsuccessful candidate for Salinas City Council in the November 8, 2016 General Election. Brian Contreras for City Council Area 1 2016 was his candidate-controlled committee. Timothy Fitzgerald served as the Committee’s treasurer. The Committee, Contreras, and Fitzgerald failed to timely file two semiannual campaign statements covering the reporting periods of October 23, 2016 through June 30, 2017, in violation of Government Code Section 84200 (2 counts). Fine: $505. 

In the Matter of Rutger Parris for Water Board 2017 and Rutger Parris; FPPC No. 17/1339 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Intake Manager Tara Stock. Rutger Parris was an unsuccessful candidate for the Quartz Hill Water District Board in the November 7, 2017 General Election. Rutger Parris for Water Board 2017 was his candidate-controlled committee. The Committee and Parris failed to timely file one pre-election campaign statement covering the reporting period of January 1, 2017 through September 23, 2017, in violation of Government Code Section 84200.5 (1 count). Fine: $219. 

In the Matter of Brian Stearns Lakeside Union High School Board 2016 and Brian Stearns; FPPC No. 17/587 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Intake Manager Tara Stock. Brian Stearns was an unsuccessful candidate for the Lakeside Union High School Board in the November 8, 2016 General Election. Brian Stearns Lakeside Union High School Board 2016 was his candidate-controlled committee. The Committee and Stearns failed to timely file one semiannual campaign statement covering the reporting period of January 1, 2017 through June 30, 2017, in violation of Government Code Section 84200 (1 count). Fine: $200. 

Campaign Non-Reporter 

In the Matter of American Federation of Teachers – Kids, Families and Teachers Supporting Torlakson for Superintendent of Public Instruction 2014 (MPO) and Loretta Johnson; FPPC No. 17/845. Staff: Commission Counsel Christopher Burton. This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. American Federation of Teachers – Kids, Families and Teachers Supporting Torlakson for Superintendent of Public Instruction 2014 (MPO) was a committee primarily formed to support Tom Torlakson, a successful candidate for Superintendent of Public Instruction in the November 4, 2014 General Election. The Committee was sponsored by the American Federation of Teachers, AFL-CIO. Lorretta Johnson was the Committee’s treasurer. The Committee and Johnson failed to timely report independent expenditures on 24-Hour Reports, in violation of Government Code Section 84204 (1 count); and failed to timely report subvendor payments made during the reporting period of October 19, 2014 to December 22, 2014, in violation of Government Code Sections 84303 and 84211, subdivision (k)(6) (1 count). Fine: $6,000. 

In the Matter of 2014 Committee to Elect Bill Sandke to City Council, Bill Sandke, and Katheryn Keitzer; FPPC No. 17/953 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Teri Rindahl. Bill Sandke was a successful candidate for the Coronado City Council in the November 4, 2014 General Election. 2014 Committee to Elect Bill Sandke to City Council is his candidate-controlled committee. Katheryn Keitzer is the Committee’s treasurer. The Committee, Sandke, and Keitzer failed to properly report the occupation and employer information for contributions received, and failed to accurately report campaign activity, in violation of Government Code Section 84211 (2 counts).  Fine: $428. 

Statement of Economic Interests Non-Filer 

In the Matter of Michael Gaul; FPPC No. 17/937 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Enforcement Intake Manager Tara Stock. Michael Gaul, a Planning Commissioner for the City of Burlingame, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Fine: $200.

Statement of Economic Interests Non-Reporter 

In the Matter of Nanny Bosch; FPPC No. 18/43 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Teri Rindahl. Nanny Bosch, Project Management Group Manager for the Department of Motor Vehicles, failed to timely disclose investments in and income from The Bosch Group, and Fortuna BMC on her 2014, 2015, and 2016 Annual Statements of Economic Interests, in violation of Government Code Section 87300 (3 counts). Fine: $300. 

In the Matter of Karla Nemeth; FPPC No. 18/157 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Teri Rindahl. Karla Nemeth, Deputy Secretary for Water Policy for the California Natural Resources Agency, failed to timely disclose investments in and income from the Karla A. Nemeth Trust on her 2014, 2015, and 2016 Annual Statements of Economic Interests, in violation of Government Code Section 87300 (3 counts). Fine: $300. 

Default Proceedings 

In the Matter of Gil Navarro Legal Defense Fund, Navarro for 47th Assembly 2014, and Gilbert “Gil” Navarro; FPPC No. 16/137 (Default Decision – Final Notice). Staff: Commission Counsel Ruth Yang and Associate Governmental Program Analyst Dominika Wojenska. Gil Navarro formerly served as a member of the San Bernardino County Board of Education from 2006 to 2013. Navarro was elected to the San Bernardino Valley Municipal Water District Board of Directors in the November 6, 2012 General Election and attempted to hold both offices simultaneously. Gil Navarro Legal Defense Fund is Navarro’s recipient committee formed to defend against his removal from the Board of Education. The Defense Committee and Navarro failed to timely file two semiannual campaign statements, in violation of Government Code Section 84200 (2 counts), and failed to timely terminate the Defense Committee, in violation of Government Code Section 85304.5 and Regulation 18530.45, subdivision (k) (1 count). Navarro also was an unsuccessful candidate for the 47th District of the California State Assembly in the November 4, 2014 General Election. Navarro for 47th Assembly 2014 was his candidate-controlled committee the 2014 election. The Assembly Committee and Navarro failed to file two pre-election campaign statements, in violation of Government Code Section 84200.7, subdivision (b) (2 counts); and failed to timely file four semiannual campaign statements, in violation of Government Code Section 84200 (4 counts). Fine: $36,500. 

In the Matter of Gloria Olmos, Re-Elect Gloria Olmos for School Board 2013, and Committee to Elect Gloria Olmos for South El Monte City Council Member 2015; FPPC No. 14/1263 (Default Decision – Final Notice). Staff: Commission Counsel Michael W. Hamilton and Staff Services Analyst Dominika Wojenska. Gloria Olmos was a successful candidate for the Valle School Board in the November 5, 2013 General Election. Re-Elect Gloria Olmos for School Board 2013 was her candidate-controlled committee for the 2013 election. Olmos and the School Board Committee failed to timely file three semiannual campaign statements, in violation of Government Code Section 84200, subdivision (a) (3 counts). Olmos was a successful candidate for the South El Monte City Council on the November 3, 2015 General Election. Committee to Elect Gloria Olmos for South El Monte City Council Member 2015 was her candidate-controlled committee for the 2015 election. Olmos and the City Council Committee failed to timely and accurately report expenditures made on a pre-election statement and on a semiannual campaign statement, in violation of Government Code Section 84211, subdivisions (j) and (k) (2 counts). Fine:  $18,000.