Fourth Quarter Update
Campaign Reporting and Advertising Disclosure
Regulations adopted by the Commission
The following are regulatory changes approved by the Commission during the past quarter concerning campaign reporting or advertising disclosure. To receive updates for all regulations before the Commission, please sign up for our mailing list here.
None.
Advice Letters
The following are advice letters issued by the Commission’s Legal Division during the past quarter concerning questions about campaign reporting or advertising disclosure. To receive the monthly report with all advice letters issued, please sign up for our mailing list here.
Section 84308
Chad E. Roberts A-20-124
Section 84308(d) prohibits members of a development group from contributing more than $250 to officers of a local agency formation commission where the decisions remaining before the commission, with respect to the formation of a special district proposed by the development group, are not “purely ministerial.” Under such circumstances, the proceeding is still considered to be “pending before” the commission.
Commission Opinions
None
Enforcement Matters
The following are summaries of significant enforcement actions approved by the Commission in the past quarter involving violations of the Act’s campaign reporting and advertising disclosure provisions. To receive a monthly report of all enforcement actions, please sign up for our mailing list here.
Campaign Bank Account
In the Matter of Rossana Mitchell-Arrieta for Chino Hills City Council 2016, Rossana Mitchell-Arrieta, and Frank Arrieta; FPPC No. 17/462. Staff: Christopher Burton, Senior Commission Counsel and Lance Hachigian, Special Investigator. Rossana Mitchell-Arrieta was an unsuccessful candidate for Chino Hills City Council in the November 8, 2016 General Election. Rossana Mitchell-Arrieta for Chino Hills City Council 2016 was her candidate-controlled committee. Frank Arrieta was the Committee’s treasurer. The Committee, Mitchell-Arrieta, and Arrieta failed to pay expenditures from the designated campaign bank account, in violation of Government Code Section 85201, subdivisions (d) and (e) (1 count), and failed to maintain adequate source documentation for contributions and expenditures, in violation of Government Code Section 84104 and Regulation 18401 (1 count). Fine: $6,500.
Campaign Bank Account and Campaign Late Filer
In the Matter of Patty Padilla-Salsberg for SUHSD Board of Trustees 2015, Patricia Padilla-Salsberg, and Guadalupe Osornio; FPPC No. 18/633. Staff: Christopher Burton, Senior Commission Counsel and Lance Hachigian, Special Investigator. Patricia Padilla-Salsberg was a successful candidate for Salinas Union High School District Board of Trustees in the November 3, 2015 General Election. Patty Padilla-Salsberg for SUHSD Board of Trustees 2015 was her candidate-controlled committee. Guadalupe Osornio was the Committee’s treasurer. The Committee, Padilla-Salsberg, and Osornio failed to timely file seven semiannual campaign statements, in violation of Government Code Section 84200, subdivision (a) (2 counts). The Committee and Padilla-Salsberg failed to pay expenditures from the designated campaign bank account, in violation of Section 85201, subdivisions (c), (d), and (e) (1 count). Fine: $6,500.
Advertising and Campaign Late Filer
In the Matter of Committee for Safe Vallejo Schools – Yes on Measure S, Deborah Dickson, and Michael Nichelini; FPPC No. 19/448. Staff: Christopher Burton, Senior Commission Counsel and Alethea Perez, Special Investigator. The respondents were represented by Lance Olson of Olson Remcho. Committee for Safe Vallejo Schools – Yes on Measure S is a committee primarily formed to support Vallejo City Unified School District Measure S, which appeared on the ballot in the November 6, 2018 General Election. Deborah Dickson is the Committee’s principal officer and Michael Nichelini is the Committee’s treasurer. The Committee, Dickson, and Nichelini failed to timely file two pre-election campaign statements and one semiannual campaign statement, in violation of Government Code Sections 84200, 84200.5, and 84200.8 (1 count) and failed to timely file five 24-Hour Reports, in violation of Government Code Section 84203 (1 count). Additionally, the Committee and Dickson failed to include the required “Paid for by” and committee name disclosure on campaign signs and social media advertisements, in violation of Government Code Sections 84502 and 84504.3 subdivision (f) (1 count). Fine: $6,500.
In the Matter of The Committee for Yes on Measure V Sponsored by the Mountain View Tenants Coalition, Steve Chandler, and Mitchell Oster; FPPC No. 17/1081. Staff: Jenna C. Rinehart, Commission Counsel. The Committee for Yes on Measure V Sponsored by the Mountain View Tenants Coalition was a ballot measure committee primarily formed to support the approval of Measure V in the November 8, 2016 General Election. Steve Chandler was the Committee’s treasurer, and Mitchell Oster, doing business as Eveleth Consulting Group LLC, was the Committee’s paid campaign consultant. The Committee and Chandler failed to accurately report the Committee’s contributions and expenditures, in violation of Government Code Section 84211 (1 count). The Committee, Chandler, and Oster failed to meet the 5% height requirement for the disclosure statement on window signs, in violation of Government Code Section 84504 and Regulation 18450.4 (1 count) and failed to include the Committee’s street address or city on two mass mailings, in violation of Government Code Section 84305 (1 count). Fine: $6,000.
Campaign Late Filer
In the Matter of Committee to Elect Angela Martinez Untalon for City Council in the City of Greenfield in 2018, Angela M. Untalon, and Leticia V. Uribe; FPPC No. 19/384. Staff: Jenna C. Rinehart, Commission Counsel. Angela M. Untalon was a successful candidate for Greenfield City Council in the November 6, 2018 General Election. Committee to Elect Angela Martinez Untalon for City Council in the City of Greenfield in 2018 is her candidate-controlled committee. Leticia V. Uribe is the Committee’s treasurer. The Committee, Untalon, and Uribe failed to timely file two pre-election campaign statements, in violation of Government Code Sections 84200.5 and 84200.8 (1 count) and failed to timely file three 24-Hour Reports, in violation of Government Code Section 84203 (1 count). Fine: $3,000.
In the Matter of Committee to Re-Elect Ford Greene San Anselmo Town Council 2015, Ford Greene, and Laurie Berger; FPPC No. 18/1546. Staff: Jenna C. Rinehart, Commission Counsel. Ford Greene was a successful candidate for San Anselmo Town Council in the November 3, 2015 General Election and November 5, 2019 local election. Committee to Re-Elect Ford Greene San Anselmo Town Council 2015 is his candidate-controlled committee. Laurie Berger was the Committee’s treasurer between August 24, 2015 and September 13, 2019. The Committee, Greene, and Berger failed to timely file a semiannual campaign statement, in violation of Government Code Section 84200 (1 count) and failed to timely file an amended statement of organization to re-designate the Committee for the 2019 election, in violation of Government Code Section 84103 and Regulation 18521 (1 count). Fine: $3,000.
In the Matter of Stronger FMSD Schools – Yes on Measure R and Jason Vann; FPPC No. 20/241. Staff: Jenna C. Rinehart, Commission Counsel. Stronger FMSD Schools – Yes on Measure R was a ballot measure committee primarily formed to support the approval of Measure R in the March 3, 2020 Primary Election. Jason Vann was the Committee’s treasurer. The Committee and Vann failed to timely file a 24-Hour Report, in violation of Government Code Section 84203 (1 count). Fine: $1,500.
In the Matter of Cupertino Chamber PAC and Andrew Walters; FPPC No. 16/20089. Staff: Theresa Gilbertson, Senior Commission Counsel. The respondents were represented by James Sutton of the Sutton Law Firm. Cupertino Chamber PAC is a city general purpose committee that was active during the November 8, 2016 General Election. Andrew Walters served as the Committee’s treasurer during the time of the violations. The Committee and Walters failed to timely file four 24-Hour Reports, in violation of Government Code Sections 84203 and 84204 (2 counts). Fine: $5,000.
In the Matter of David Ernst for Assembly 2018 and David Ernst; FPPC No. 20/391. Staff: Jenna C. Rinehart, Commission Counsel. David Ernst was an unsuccessful candidate for California State Assembly, District 19, in the June 5, 2018 Primary Election. David Ernst for Assembly 2018 is his candidate-controlled committee. The Committee and Ernst failed to timely file two pre-election campaign statements and four semiannual campaign statements, in violation of Government Code Sections 84200.5, 84200.8, and 84200 (1 count). Additionally, the Committee and Ernst failed to timely file three 24-Hour Reports, in violation of Government Code Section 84203 (1 count). Fine: $4,500.
In the Matter of Del Terra Real Estate Services Inc.; FPPC No. 18/619. Staff: Theresa Gilbertson, Senior Commission Counsel and Ann Flaherty, Special Investigator. The respondent was represented by Zweiback, Fiset & Coleman LLP. Del Terra Real Estate Services, Inc. qualified as a major donor in 2014, 2015, 2016, and 2017. Del Terra Real Estate Services, Inc failed to timely file six semiannual campaign statements, in violation of Government Code Section 84200 (4 counts) and failed to timely file three 24-Hour Reports, in violation of Government Code Section 84203 (1 count). Fine: $11,500.
Legislation
Local Campaign Filings – Online Posting (AB 2151 (Gallagher) – Chapter 214, Statutes of 2020.)
Requires a local government agency to post on its internet website, within 72 hours of the applicable filing deadline, a copy of campaign statements and reports filed with that agency in paper format. This bill further requires that the statements and reports be made available for four years from the date of the election associated with the filing. This bill is operative January 1, 2021.
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