FPPC Enforcement Decisions, July 24, 2020

FOR IMMEDIATE RELEASE                            

July 24, 2020

For More Information Contact:

Jay Wierenga (916) 322-7761

.pdf version of news release

Additional information on each of the enforcement cases listed below can be found in the July 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.

I. The following are enforcement decisions approved by the Fair Political Practices Commission at its regular monthly meeting held on Friday, July 24, 2020. Decisions are listed by category and include a brief summary of each case and the total amount of any administrative fine in each case.

Campaign Contribution Limits

In the Matter of Mike Gatto for Senate 2016, Mike Gatto, and Jane Leiderman; FPPC No. 18/149. Staff: Theresa Gilbertson, Commission Counsel. This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. Mike Gatto served as a member of the State Assembly District 43, from 2010 – 2016 and withdrew from the June 7, 2016 Primary Election as a candidate for State Assembly District 25. Mike Gatto for Senate 2016 was his candidate-controlled committee. Jane Leiderman was the Committee’s treasurer. The Committee, Gatto, and Leiderman accepted contributions that exceeded the campaign contribution limit for State Senate candidates, in violation of Government Code Section 85301 (1 count). Fine: $2,500.

Mass Mailing

In the Matter of Megan Dahle for Assembly 2020, and Megan Dahle; FPPC No. 20/323. Staff: Christopher Burton, Senior Commission Counsel. Megan Dahle was a successful incumbent candidate for State Assembly in the March 3, 2020 Primary Election. Megan Dahle for Assembly 2020 is her candidate-controlled committee. The Committee and Dahle failed to include the accurate name of the committee on a mass mailing, in violation of Government Code Section 84305 (1 count). Fine: $2,500.

Campaign Late Filer/Reporter

In the Matter of West Covina Firefighters Political Action Committee, Michelle Moore Sanders, and Hardy Mosley; FPPC No. 19/1379. Staff: Christopher Burton, Senior Commission Counsel and Lance Hachigian, Special Investigator. West Covina Firefighters Political Action Committee is a local general purpose committee that was active prior to the November 6, 2018 General Election. Michelle Moore Sanders is the Committee’s principal officer and Hardy Mosley is the Committee’s treasurer. The Committee, Sanders, and Mosley failed to timely report independent expenditures on a pre-election and semiannual campaign statement, in violation of Government Code Section 84211, subdivisions (b), (i), (j), and (k) (1 count); and failed to timely file eight 24-Hour Reports, in violation of Government Code Section 84204 (1 count). Fine: $5,500.

In the Matter of Metropolitan Pacific Capital, Inc. (Plaza at Santa Monica); FPPC No. 17/1453. Staff: Michael W. Hamilton, Commission Counsel. The respondent was represented by the Kaufman Legal Group. In 2016, Plaza at Santa Monica qualified as a major donor committee after making several contributions to Santa Monica Forward Issues Committee - No on LV. Plaza at Santa Monica failed to timely file a semiannual campaign statement, 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 (1 count). Fine:  $3,000.

In the Matter of California Tow Truck Association PAC and Vickie Young; FPPC No. 19/1510. Staff: Jenna C. Rinehart, Commission Counsel. This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. California Tow Truck Association PAC is a state general purpose committee. Vickie Young was the Committee’s treasurer at the time this violation occurred. Prior to the June 7, 2016 Primary Election, the Committee and Young failed to timely file a 24-Hour Report, in violation of Government Code Section 84203 (1 count). Fine: $2,000.

Gift Over-the-Limit

In the Matter of Josie Cervantes; FPPC No. 16/478. Staff: Michael W. Hamilton, Commission Counsel and George Aradi, Special Investigator. Josie Cervantes is a member of the Orange Cove City Council. Cervantes accepted Raiders tickets from Townsend Public Affairs that exceeded the gift limit, in violation of Government Code Section 89503 (1 count). Fine: $3,000.

II. The following are enforcement decisions approved through the streamline penalty process and were executed by the Chief of Enforcement per Regulation 18360.2 following the July 24, 2020 meeting. Decisions are listed by category and include a brief summary of each case and the total amount of any administrative fine in each case.

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In the Matter of Santa Cruz County Republican Central Committee (State); FPPC No. 20/360. Staff: Galena West, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. Santa Cruz County Republican Central Committee (State) is a state general purpose political party committee. The Committee failed to include the proper advertising disclosure on a mailer distributed prior to the March 3, 2020 Primary Election, in violation of Government Code Sections 84504.5 and 84506.5 (2 counts). Fine: $252.

Campaign Late Filer

In the Matter of Citizens for Cliff Blackman for Superior Court Judge 2020 and Cliff Blackman; FPPC No. 20/348. Staff: Galena West, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. The respondents were represented by Gary Winuk of the Kaufman Legal Group. Cliff Blackman was an unsuccessful candidate for Superior Court Judge in the March 3, 2020 Primary Election. Citizens for Cliff Blackman for Superior Court Judge 2020 was his candidate-controlled committee. The Committee and Blackman failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count) and failed to timely file five 24-Hour Reports, in violation of Government Code Section 84203 (5 counts). Fine: $1,808.

In the Matter of Sacramento County Young Democrats, Chris Gee Schoon-Tong, and Marie Swenson; FPPC No. 18/750. Staff: Neal Bucknell, Senior Commission Counsel. Sacramento County Young Democrats is a local general purpose committee. Chris Gee Schoon-Tong and Marie Swenson are the Committee’s former treasurers. The Committee and Schoon-Tong failed to timely file two semiannual and three pre-election campaign statements, in violation of Government Code Sections 84200 and 84200.5 (5 counts). Additionally, the committee and Swenson failed to timely file one semiannual campaign statement, in violation of Government Code Section 84200 (1 count). Fine: $1,716.

In the Matter of Ron Briggs for Supervisor 2020 and Ron Briggs; FPPC No. 20/167. Staff: Galena West, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. Ron Briggs was an unsuccessful candidate for El Dorado County Supervisor in the March 3, 2020 Primary Election. Ron Briggs for Supervisor 2020 was his candidate-controlled committee. The Committee and Briggs failed to timely file two pre-election campaign statements, in violation of Government Code Section 84200.5 (2 counts). Fine: $630.

In the Matter of Re-elect Ron Panziera for Monterey County Board of Education Trustee District 5 2011, Ron Panziera, and Chris Steinbruner; FPPC No. 18/634. Staff: Galena West, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Ron Panziera was a successful candidate for Trustee of Monterey County Board of Education in the November 8, 2011 General Election. Re-elect Ron Panziera for Monterey County Board of Education Trustee District 5 2011 was his candidate-controlled committee. Chris Steinbruner was the Committee’s treasurer. The Committee, Panziera, and Steinbruner failed to timely file three semiannual campaign statements, in violation of Government Code Section 84200 (3 counts). Fine: $600.

In the Matter of Re-elect Erik Ortega as IID Director Division 4 2020 and Erik Ortega; FPPC No. 20/112. Staff: Galena West, Chief of Enforcement and Cheng Saetern, Assistant Political Reform Consultant. Erik Ortega was a successful candidate for Imperial Irrigation District Director in the March 3, 2020 Primary Election. Re-elect Erik Ortega as IID Director Division 4 2020 is his candidate-controlled committee. The Committee and Ortega failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $500.

In the Matter of Danny Garza for City Council District 5 2018 and Daniel Garza; FPPC No. 18/404. Staff: Galena West, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Daniel Garza was an unsuccessful candidate for San Jose City Council in the June 5, 2018 Primary Election. Danny Garza for City Council District 5 2018 was his candidate-controlled committee. The Committee and Garza failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $302.

In the Matter of Greg Pitts for Compton Unified Board of Trustees 2020 and Gregory Pitts; FPPC No. 20/140. Staff: Galena West, Chief of Enforcement and Dominika Wojenska, Associate Governmental Program Analyst. Gregory Pitts was an unsuccessful candidate for Compton Unified School District Board in the March 3, 2020 Primary Election. Greg Pitts for Compton Unified Board of Trustees 2020 is his candidate-controlled committee. The Committee and Pitts failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $211.

In the Matter of Mike Graves for State Assembly 2020, Michael Graves, and Paula Block; FPPC No. 20/141. Staff: Galena West, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Mike Graves was a successful candidate for Member of the State Assembly in the March 3, 2020 Primary Election. Mike Graves for State Assembly 2020 is his candidate-controlled committee. Paula Block is the Committee’s treasurer. The Committee, Graves, and Block failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $207.

In the Matter of Nadia Renner for Board of Supervisors 2020, Nadia Renner, and Yila Renner; FPPC No. 20/109. Staff: Galena West, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Nadia Renner was an unsuccessful candidate for San Bernardino County Supervisor in the March 3, 2020 Primary Election. Nadia Renner for Board of Supervisors 2020 was her candidate-controlled committee. Yila Renner was the Committee’s treasurer. The Committee, Renner, and Renner failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $200. 

In the Matter of Charlene Tabet; FPPC No. 19/1328. Staff: Galena West, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. Charlene Tabet, a Board Member with Burbank Unified School District, failed to timely file an Officeholder Campaign Statement Short Form (Form 470) for 2019, in violation of Government Code Section 84206 (1 count). Fine: $200.

Lobbying

In the Matter of Clarios; FPPC No. 20/468. Staff: Galena West, Chief of Enforcement and Chloe Hackert, Political Reform Consultant. Clarios, a lobbyist employer, failed to timely file a lobbyist employer quarterly report, in violation of Government Code Section 86117 (1 count). Fine: $275.

Statement of Economic Interests Late Filer

In the Matter of Alberto Ochoa; FPPC No. 19/1240. Staff: Galena West, Chief of Enforcement and Amber Burnside, Staff Services Analyst. Albert Ochoa, a Board Member for the e3 Civic High School Board of Directors, failed to timely file a 2017 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.

In the Matter of Tracy Robinson; FPPC No. 19/1605. Staff: Galena West, Chief of Enforcement and Amber Burnside, Staff Services Analyst. Tracy Robinson, an Alternate Board Member for the Employment Risk Management Authority, failed to timely file a 2018 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.

In the Matter of Kevin Mitchell; FPPC No. 19/927. Staff: Galena West, Chief of Enforcement and Cheng Saetern, Assistant Political Reform Consultant. Kevin Mitchell, a Board Member of North Lake Tahoe Resort Association, failed to timely file an Assuming Office Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.

In the Matter of Jeffrey Conklin; FPPC No. 19/926. Staff: Galena West, Chief of Enforcement and Cheng Saetern, Assistant Political Reform Consultant. Jeffrey Conklin, a Board Member of Eureka Union School District Board of Trustees, failed to timely file an Assuming Office Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.

In the Matter of Timothy Parker; FPPC No. 20/284. Galena West, Chief of Enforcement and Shaina Elkin, Staff Services Analyst. Timothy Parker, a former Board Member for Monte Rio Fire Protection District, failed to timely file a 2018 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.

In the Matter of Ismael Herrera; FPPC No. 19/1412. Staff: Galena West, Chief of Enforcement and Amber Burnside, Staff Services Analyst. Ismael Herrera, a Member of the Kerman City Council, failed to timely file an Assuming Office Statement of Economic Interests, in violation of Government Code Section 87202 (1 count). Fine: $200.

In the Matter of Curtis Hill; FPPC No. 19/1545. Staff: Galena West, Chief of Enforcement and Amber Burnside, Staff Services Analyst. Curtis Hill, a former Board Member for the California Victim Compensation Board, failed to timely file a 2018 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200.

Statement of Economic Interests Late Reporter

In the Matter of Scott Schmerelson; FPPC No. 20/215. Staff: Galena West, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. The respondent was represented by Nathan Hardy of Reed & Davidson, LLP. Scott Schmerelson, as a candidate for Board Member of the Los Angeles Unified School District, failed to timely report four sources of income on his Candidate Statement of Economic Interests in connection with the March 3, 2020 Primary Election, in violation of Government Code Section 87300 (4 counts). Fine: $400.