FPPC Enforcement Decisions, April 20, 2022
FOR IMMEDIATE RELEASE
April 20, 2022
For More Information Contact:
Jay Wierenga (916) 322-7761
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.
I. The following are enforcement decisions approved by the Fair Political Practices Commission at its regular monthly meeting held on Wednesday, April 20, 2022. 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 Late Filer
In the Matter of Nick for Lake Forest City Council 2016, Adam Nick, individually, Bryan Burch, and Adam Nick, as major donor committee; FPPC No. 16/20096. Staff: Christopher B. Burton, Assistant Chief of Enforcement. The respondents were represented by Bill Baber. Adam Nick was an unsuccessful candidate for Lake Forest City Council in the November 8, 2016 General Election. Nick for Lake Forest City Council 2016 (the “Candidate Committee”) is Nick’s candidate-controlled committee in conjunction with their campaign. Bryan Burch is the Committee’s treasurer. Nick also qualified as a major donor committee (the “Major Donor Committee”) in 2016. The Candidate Committee, Nick, and Burch failed to timely report certain nonmonetary contributions on one pre-election and one semi-annual campaign statement, in violation of Government Code Section 84211 (1 count). The Candidate Committee and Nick failed to utilize the designated campaign bank account for certain contributions and expenditures, in violation of Government Code Section 85201 (1 count). The Major Donor Committee failed to timely report certain nonmonetary contributions on a major donor campaign statement, in violation of Government Code Section 84211 (1 count). Fine: $5,000.
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 April 20, 2022 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.
Recordkeeping
In the Matter of Desley Brooks for City Council 2018, and Desley Brooks; FPPC No. 19/1235. Staff: Bridgette Castillo, Senior Commission Counsel and Roone Petersen, Special Investigator. Desley Brooks was an unsuccessful incumbent candidate for Oakland City Council in the November 6, 2018 General Election. Desley Brooks for City Council 2018 was Brooks’ candidate-controlled committee. The Committee and Brooks failed to timely report contributions received on three semi-annual campaign statements and one pre-election campaign statement, in violation of Government Code Section 84211 (4 counts) and failed to properly maintain required records for four campaign reporting periods, in violation of Government Code Section 84104 (4 counts). Fine: $3,063 (Tier One & Two).
Advertisements
In the Matter of Nancy Young; FPPC No. 22/254. Staff: Angela Brereton, Chief of Enforcement and Amber Rodriguez, Political Reform Consultant. Nancy Young was a successful candidate for Mayor of the City of Tracy in the November 3, 2020 General Election. Young failed to include the proper advertisement disclosure on a mass mailing, in violation of Government Code Section 84305 (1 count). Fine: $104 (Tier One).
Campaign Late Filer
In the Matter of Roger V. Nunez for City Council 2020, and Roger Nunez; FPPC No. 20/1113. Staff: Marissa Nash, Commission Counsel. Roger Nunez was a successful candidate for City Council in Desert Hot Springs in the November 3, 2020 General Election. Roger V. Nunez for City Council 2020 was Nunez’s candidate-controlled committee. The Committee and Nunez failed to timely file two semi-annual campaign statements, in violation of Government Code Section 84200 (2 counts); one pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count); two 24-hour reports, in violation of Government Code Section 84203 (2 counts) and an amendment to the Statement of Organization to indicate the date the committee qualified as a committee, in violation of Government Code Sections 84101 and 84103 (1 count). Fine: $1,802 (Tier One & Two).
In the Matter of Saleh 4 CUHSD Trustee 2020, and Basil Saleh; FPPC No. 21/129. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Basil Saleh was an unsuccessful candidate for the Campbell Union High School District Board of Trustees in the November 3, 2020 General Election. Saleh 4 CUHSD Trustee 2020 was Saleh’s candidate-controlled committee. The Committee and Saleh failed to timely file a pre-election statement, in violation of Government Code Section 84200.5 (1 count); a semi-annual campaign statement, in violation of Government Code Section 84200 (1 count) and two 24-Hour Reports, in violation of Government Code Section 84203 (2 counts). Fine: $1,394 (Tier One & Two).
In the Matter of the Committee to Re-elect Aurelio Salazar, Jr. to the Hartnell College Board of Trustees, Area 2, 2020, Aurelio Salazar, Jr., and Carina Chavez-Salazar; FPPC No. 20/995. Staff: Angela Brereton, Chief of Enforcement and Amber Rodriguez, Political Reform Consultant. Aurelio Salazar, Jr. was a successful candidate for the Hartnell Community College District Board of Trustees in the November 3, 2020 General Election. The Committee to Re-elect Aurelio Salazar, Jr. to the Hartnell College Board of Trustees, Area 2, 2020 was their candidate-controlled committee. Carina Chavez-Salazar was the Committee’s treasurer. The Committee, Salazar, Jr., and Chavez-Salazar failed to timely file two pre-election campaign statements, in violation of Government Code Section 84200.5 (2 counts) and one 24-hour report, in violation of Government Code Section 84203 (1 count). Fine: $1,310 (Tier One).
In the Matter of Sandy Brown for City Council 2016, Sandy Brown for City Council 2020, Sandy Brown, Jill Ayers, and Madeline Clyde; FPPC No. 17/362. Staff: Marissa Nash, Commission Counsel. Sandy Brown was a successful candidate for Santa Cruz City Council in November 8, 2016 General Election and November 3, 2020 General Election. Jill Ayers served as the 2016 Committee treasurer. Madeline Clyde served as the 2020 Committee treasurer. The 2016 Committee, Brown and Ayers failed to timely file three semi-annual campaign statements, in violation of Government Code Section 84200 (3 counts). The 2020 Committee, Brown and Clyde failed to timely file two semi-annual campaign statements, in violation of Government Code Section 84200 (2 counts). Fine: $1,143 (Tier One).
In the Matter of Black Young Democrats of the East Bay, and Akiba Bradford; FPPC Case No. 19/1350. Staff: Jenna C. Rinehart, Commission Counsel and Jay Gehres, Special Investigator. Black Young Democrats of the East Bay is a county general purpose committee. Akiba Bradford serves as the Committee’s treasurer. The Committee failed to timely file five semi-annual campaign statements, in violation of Government Code Section 84200 (5 counts). Fine: $1,066 (Tier One).
In the Matter of Committee to Elect Mark Robak to Otay Water 2020, and Mark Robak; FPPC No. 21/1067. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Mark Robak was a successful candidate for the Otay Water District Board in the November 3, 2020 General Election. Committee to Elect Mark Robak to Otay Water 2020 was Robak’s candidate-controlled committee. The Committee and Robak failed to timely file two semi-annual campaign statements, in violation of Government Code Section 84200 (2 counts). Fine: $422 (Tier One).
In the Matter of California College Republicans, and James Barr; FPPC No. 20/793. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. California College Republicans was a general purpose committee. James Barr was the committee’s Treasurer. The Committee and Barr failed to timely file a semi-annual campaign statement, in violation of Government Code Section 84200 (1 count). Fine: $496 (Tier One).
In the Matter of Andrew Cruz CVUSD School Board 2020, and Andrew Cruz; FPPC No. 21/358. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Andrew Cruz was a successful candidate for the Chino Valley Unified School District Board in the November 3, 2020 General Election. Andrew Cruz CVUSD School Board 2020 was Cruz’s candidate-controlled committee. The Committee and Cruz failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $278 (Tier One).
Statement of Economic Interests Late Filer
In the Matter of Sarah Sanders; FPPC No. 22/204. Staff: Angela Brereton, Chief of Enforcement and Laura Mandler, Political Reform Consultant. Sarah Sanders, an Emergency Services Coordinator for the Department of Social Services, failed to timely file an Assuming Office Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200 (Tier One).
Statement of Economic Interests Late Reporter
In the Matter of Anthony “Tony” Rackauckas; FPPC Case No. 18/1188. Staff: Jenna Rinehart, Commission Counsel and George Aradi, Special Investigator. Charles Bell of Bell, McAndrews & Hiltachk, LLP represented Rackauckas in this matter. Anthony “Tony” Rackauckas, former Orange County District Attorney, failed to timely disclose a source of income (gift of air travel) on the 2016 and 2017 Annual Statements of Economic Interests, in violation of Government Code Section 87207 (2 counts). Fine: $200