FPPC Enforcement Decisions, February 15, 2018

FOR IMMEDIATE RELEASE                            

February 15, 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, February 15, 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 February 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.

Lobbying 

In the Matter of Susan Kennedy and Susan P. Kennedy, Inc.; FPPC No. 17/563. Staff: Assistant Chief of Enforcement David Bainbridge and Special Investigator Ann Flaherty and Roone Peterson. Susan Kennedy qualified as a lobbyist as the result of attempting to influence commissioners and staff of the California Public Utilities Commission from 2012 through 2014 on behalf of her clients: Lyft, Inc. and San Gabriel Valley Water Company. Susan P. Kennedy, Inc. is Kennedy’s consulting company that received payment for Kennedy’s lobbying thereby qualifying as a lobbying firm. Kennedy and Susan P. Kennedy, Inc. failed to timely register as a lobbyist and lobbying firm, in violation of Government Code Sections 86100 and 86101 (1 count); and failed to timely file quarterly lobbyist and lobbying firm reports for seven calendar quarters, in violation of Government Code Sections 86113, 86114, and 86117 (7 counts). Fine: $32,500. 

Mass Mailings 

In the Matter of Committee to Improve Hermosa Schools – Yes on S, Michael Collins, and John Friberg; FPPC No. 16/568. Staff: Commission Counsel Christopher Burton. Committee to Improve Hermosa Schools – Yes on S was a primarily formed ballot measure committee in support of Hermosa Beach City School District Measure S, on the June 7, 2016 Primary Election ballot. Michael Collins was the Committee’s principal officer. John Friberg was the Committee’s treasurer. The Committee, Collins, and Friberg failed to print the language “Paid for by” and disclose the name of the Committee on certain advertisements, in violation of Government Code Section 84504 and Regulation 18450.4, subdivision (b)(1) (1 count). Fine: $2,500. 

Campaign Non-Filer 

In the Matter of Yes on P for Quality Schools and James Rod Borba; FPPC No. 15/1559. Staff: Senior Commission Counsel Neal Bucknell and Special Investigator George Aradi. In 2012, Yes on P for Quality Schools was a ballot measure committee primarily formed to support Proposition P on the November 6, 2012 General Election ballot for voters in the Folsom Cordova Unified School District in Sacramento County. James Rod Borba was the Committee’s treasurer. The Committee and Borba failed to file two pre-election campaign statements for the reporting periods covering January 1, 2012 through October 20, 2012, in violation of Government Code Sections 84200.5, subdivision (b); and 84200.7, subdivision (b) (1 count); failed to timely file one semiannual campaign statement for the reporting period covering October 21, 2012 through December 31, 2012, in violation of Government Code Section 84200, subdivision (a) (1 count); and failed to timely file four 24-Hour Reports, in violation of Government Code Section 84203, subdivision (b) (1 count). Fine: $7,000. 

In the Matter of District 3 Democratic Club, Arthur Chang, and Chris Schulman; FPPC No. 15/1416 (Streamline Settlement). Staff: Commission Counsel Theresa Gilbertson and Staff Services Analyst Dominika Wojenska. District 3 Democratic Club is a local general purpose committee. Arthur Chang and Chris Schulman served as the Committee’s treasurers. The Committee, Chang, and Schulman failed to timely file five semiannual campaign statements for the reporting periods covering July 1, 2014 through December 31, 2016, in violation of Government Code Section 84200 (5 counts). Fine: $3,229. 

In the Matter of Mayor Manuel Lozano 2013 and Manuel Lozano; FPPC No. 15/280 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Intake Manager Tara Stock. Manuel Lozano was a successful incumbent candidate for Mayor of Baldwin Park in the November 5, 2013 General Election and is currently holding office. Mayor Manuel Lozano 2013 was his candidate-controlled committee. The Committee and Lozano failed to timely file one pre-election statement covering the reporting period of January 1, 2013 through September 21, 2013, in violation of Government Code Section 84200.5 (1 count); one semiannual statement covering the reporting period of October 20, 2013 through December 31, 2013, in violation of Government Code Section 84200 (1 count); and three 24-Hour Reports, in violation of Government Code Section 84203 (3 counts). Fine: $2,310. 

In the Matter of Payne for Palmdale 2015, Vajezatha Payne, and Sasha Cass; FPPC No. 16/19988 (Streamline Settlement). Staff: Commission Counsel Christopher Burton. Vajezatha Payne was an unsuccessful candidate for the Palmdale School District Board of Trustees in the November 3, 2015 General Election. Payne for Palmdale 2015 was her candidate-controlled committee. Sasha Cass served as the Committee’s treasurer. The Committee, Payne, and Cass failed to timely file one semiannual campaign statement covering the reporting period of October 18, 2015 to December 31, 2015, in violation of Government Code Section 84200 (1 count); and failed to timely file one 24-Hour Report, in violation of Government Code Section 84203 (1 count). Fine: $1,685. 

In the Matter of Esplanade League and Paul Friedlander; FPPC Case No. 16/15961 (Streamline Settlement). Staff:  Commission Counsel Michael W. Hamilton and Special Investigator Jeffrey Kamigaki.  Esplanade League is a county general purpose committee. Paul Friedlander is the Committee’s treasurer. The Committee and Friedlander failed to file three 24-Hour Reports, in violation of Government Code Section 84203 (3 counts). The Committee and Friedlander failed to report making expenditures in support of Chico City Council candidates: Ann Schwab, Randall Stone, Tami Ritter, and Kimberly Rudisill and in support of Measure K on the semiannual statement covering the reporting period of October 21, 2012 through December 31, 2012; and failed to timely report making an expenditure for a mailer supporting Lupe Arim-Law for Chico City Council, Forough Molina for Chico City Council, Scott Gruendl for Chico City Council, supporting Measure B and opposing Measure A on the semiannual campaign statement covering the reporting period of October 19, 2014 through December 31, 2014, in violation of Government Code Section 84211 (2 counts). Fine:  $1,087. 

In the Matter of Rick Johnson for Monterey Peninsula College Trustee Area 3 and Rick Johnson; FPPC No. 17/351 (Streamline Settlement). Staff: Commission Counsel Theresa Gilbertson and Staff Services Analyst Dominika Wojenska. Rick Johnson was the successful candidate for Trustee for the Monterey Peninsula College Board of Trustees in the November 8, 2011 General Election and was unopposed in 2016 for a second term. Rick Johnson for Monterey Peninsula College Trustee Area 3 was his candidate-controlled committee. The Committee and Johnson failed to timely file two semiannual campaign statements covering the reporting periods of July 1, 2016 through June 30, 2017, in violation of Government Code Section 84200 (2 counts). Fine: $405. 

In the Matter of Friends of Robla School Kids – Yes on Measure K 2014 and Michael Henkel; FPPC No. 17/838 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Staff Services Analyst Hayley Porter. Friends of Robla School Kids – Yes on Measure K 2014 was a local primarily-formed ballot measure committee in support of Measure K on the November 4, 2014 General Election ballot in Sacramento County. Michael Henkel was the Committee’s treasurer. The Committee and Henkel failed to timely file one semiannual campaign statement covering the reporting period of July 1, 2014 through December 31, 2014, in violation of Government Code Section 84200 (1 count). Fine: $362. 

Statement of Economic Interests Non-Filer 

In the Matter of Lola Skelton; FPPC No. 16/19779 (Default Decision). Staff: Commission Counsel Theresa Gilbertson. Lola Skelton has been a member of the Governing Board for the Hughes-Elizabeth Lakes Union School District since 1988 and her current term extends through 2022. Skelton failed to timely file 2015 and 2016 Annual Statements of Economic Interests, in violation of Government Code Section 87300 (2 counts). Fine: $10,000. 

In the Matter of Edward Chell; FPPC No. 17/993 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Edward Chell, as an Alternate Commissioner of the California Pepper Commission, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $400. 

Statement of Economic Interests Non-Reporter 

In the Matter of William Goddard; FPPC No. 17/1002 (Streamline Settlement). Staff: Senior Commission Counsel Angela Brereton. William Goddard, a Director for the Big Bear Airport District Board, failed to timely disclose investments in and income from Goddard Aircraft Services on his Candidate Statement of Economic Interests, in violation of Government Code Sections 87206 (1 count); and on his Assuming Office Statement of Economic Interests, in violation of Government Section Code 87207 (1 count). Fine: $200. 

In the Matter of Jerry Thorne; FPPC No. 16/19805 (Streamline Settlement). Staff: Senior Commission Counsel Angela Brereton and Supervising Special Investigator Jay Martin. Jerry Thorne, Mayor for the City of Pleasanton, failed to timely disclose his investment interest in Costco on his 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87206 (1 count). Fine: $100.