FPPC Enforcement Decisions, July 21, 2022

FOR IMMEDIATE RELEASE                            

July 21, 2022

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 Thursday, July 21, 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.

Conflict of Interests

In the Matter of Andrew Do; FPPC Nos. 16/510 and 18/648. Staff: Christopher B. Burton, Assistant Chief of Enforcement; Ann Flaherty, Special Investigator; and Paul Rasey, Special Investigator. The respondent is represented by Nicholas Sanders. Andrew Do is a member of the Orange County Board of Supervisors and the CalOptima Board of Directors. Do violated the pay-to-play restrictions of the Act in 2016 and 2017 when they made, participated in making, and attempted to use their official position to influence governmental contracting decisions involving a participant who contributed to their campaign, and had reason to know the respective contributors contributed to their campaign for county supervisor, in violation of Government Code Section 84308, subdivision (c) (2 counts). In 2015 and 2016, Do also failed to timely file behested payment reports disclosing eight payments totaling approximately $110,440, in violation of Government Code Section 82015, subdivision (b)(2)(B)(iii) (4 counts). Fine: $12,000.

In the Matter of Steve Dallas; FPPC No. 18/804. Staff: Theresa Gilbertson, Senior Commission Counsel and Roone Petersen, Special Investigator. Steve Dallas is represented by Kathryn Meola at Atkinson, Andelson, Loya, Ruud & Romo. In their capacity as Mayor for Carmel-by-the-Sea from 2016 through 2018, failed to timely disclose gifts on a Statement of Economic Interest, in violation of Government Code Section 87207 (1 count). Dallas accepted gifts over the limit, in violation of Government Code Section 89503 and Regulation 18940.2 (1 count). Dallas had a prohibited conflict of interest when voting on and participating in a vote regarding a source of gift to Dallas, in violation of Government Code Section 87100 (1 count). Fine: $9,500.

In the Matter of Claire Crandall; FPPC No. 16/741. Staff: Theresa Gilbertson, Senior Commission Counsel and George Aradi, Special Investigator. The respondent is represented by Gary Winuk of the Kaufman Legal Group. Crandall is a former employee with the San Diego County Office of Education. In their capacity as a public official, Crandall influenced a governmental decision of an agency in another county in favor of entering into a contract with a company owned by Crandall’s spouse, in violation of Government Code Section 87100 (1 count). Fine: $5,000.

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In the Matter of Americans for Safe Neighborhoods and Candice Pressley, FPPC No. 18/314. Staff: Theresa Gilbertson, Senior Commission Counsel and Paul Rasey, Special Investigator. Americans for Safe Neighborhoods is a state general purpose committee and Candice Pressley serves as treasurer and principal officer. The Committee and Pressley failed to include correct disclosure statements on advertisements, including videos disseminated on a social media page and the landing page of a social media page, in violation of Government Code Sections 84502, 84504, and 84506.5 (1 count.) The Committee and Pressley failed to timely file campaign statements for the reporting periods ending May 19, 2018 and June 30, 2018, in violation of Government Code Sections 84200.5 and 84200 (1 count.) Fine: $3,500.

Mass Mailing Sent at Public Expense

In the Matter of City of El Monte; FPPC Case No. 20/1040. Staff: Jenna C. Rinehart, Commission Counsel and Alethea Perez, Special Investigator. The respondent is represented by Colin Barr of Olivarez Madruga Lemieux O’Neill, LLP. The City of El Monte sent five mass mailings that featured a government official at public expense, in violation of Government Code Sections 89001 and 89002 (5 counts). Fine: $15,000.

Campaign Late Filer

In the Matter of Friends of Maricela Cruz for Trustee 2018, Maricela Cruz, and Daisy S. Martinez; FPPC No. 19/764. Staff: Theresa Gilbertson, Senior Commission Counsel. Maricela Cruz ran unsuccessfully for re-election to the Alisal Union School District Governing Board Trustee, Area 2 in the November 6, 2018 General Election. The Friends of Maricela Cruz for Trustee 2018 was their candidate-controlled committee. Daisy S. Martinez served as treasurer. The Committee, Cruz, and Martinez failed to timely file a semi-annual campaign statement, in violation of Government Code Section 84200 (1 count). Fine: $2,000.

 

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 21, 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 Lassen County Republican Central Committee, Christine Lee, and Patricia Ferne; FPPC No. 18/178. Staff: Theresa Gilbertson, Senior Commission Counsel and Kaitlin Osborn, Special Investigator. Lassen County Republican Central Committee is a state political party committee. Christine Lee served as the treasurer from June 15, 2015 through March 5, 2020 and Patricia Ferne served as the treasurer from March 5, 2020 through August 19, 2021. The Committee and Lee failed to timely file four semi-annual statements, in violation of Government Code Section 84200 (4 counts); a pre-election statement, in violation of Government Code Section 84200.5 (1 count); and failed to maintain adequate records to file campaign statements, in violation of Government Code Section 84104 (5 counts). The Committee and Ferne failed to timely file two semi-annual campaign statements, in violation of Government Code Section 84200 (2 counts). Fine: $2,459 (Tier One).

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In the Matter of Voepel for Assembly 2022, and Randy Voepel; FPPC Case No. 22/400. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. The respondents are represented by Alex Tomescu of Wewer & Lacy, LLP. Randy Voepel was a successful candidate for the California State Assembly in the June 7, 2022 Primary Election. Voepel for Assembly 2022 is Voepel’s candidate-controlled committee. The Committee failed to include the Committee’s full name, street address, and “Paid for by” language on a mass mailing sent prior to the election, in violation of Government Code Section 84305 (1 count). Fine: $593 (Tier Two).

Campaign Late Filer

In the Matter of Committee to Elect Gabriel Reyes - Mayor of Adelanto 2018, Gabriel Reyes, and Charity Reyes; FPPC No. 21/755. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Gabriel Reyes was a successful candidate for Mayor of Adelanto in the November 6, 2018 General Election. Committee to Elect Gabriel Reyes - Mayor of Adelanto 2018 is Reyes’ candidate-controlled committee. Charity Reyes is the committee’s treasurer. The Committee, Reyes, and Reyes failed to timely file four semi-annual campaign statements, in violation of Government Code Section 84200 (four counts). Fine: $1,604 (Tier One).

In the Matter of Barry Chang for Santa Clara County Board of Education 2022, and Barry Chang; FPPC No. 21/1149. Staff: Angela Brereton, Chief of Enforcement and Amber Rodriguez, Political Reform Consultant. Barry Chang is a candidate for the Santa Clara County Board of Education in the November 8, 2022 General Election. Barry Chang for Santa Clara County Board of Education 2022 is their candidate-controlled committee. The Committee and Chang failed to timely file three semi-annual campaign statements, in violation of Government Code Section 84200 (3 counts). Fine: $1,200 (Tier Two).

In the Matter of Chris Norwood for School Board 2018, Chris Norwood, and Yazmeen Norwood; FPPC No. 18/924. Staff: Angela Brereton, Chief of Enforcement and Shaina Elkin, Associate Governmental Program Analyst. Chris Norwood was a successful candidate for Milpitas Unified School District Board in the November 6, 2018 General Election. Chris Norwood for School Board 2018 is Norwood’s candidate-controlled committee. Yazmeen Norwood is the Committee’s treasurer. The Committee, Norwood, and Norwood failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count); failed to timely file a 24-Hour Report, in violation of Government Code Section 84203 (1 count); and failed to timely disclose contributions and expenditures on pre-election campaign statements, in violation of Government Code Section 84211 (2 counts). Fine: $1,093 (Tier One & Two).

In the Matter of J.J. Jelincic for CalPERS-2017, JJ Jelincic for CalPERS-2019, J. J. Jelincic, and Christine Jelincic, FPPC Nos. 21/036 and 21/019. Staff: Theresa Gilbertson, Senior Commission Counsel. J.J. Jelincic for CalPERS-2017 and JJ Jelincic for CalPERS-2019 were committees controlled by J. J. Jelincic. Christine Jelincic was the treasurer for both committees. The 2017 Committee failed to timely file three 24-hour reports, in violation of Government Code Section 84203 (3 counts). The 2019 Committee failed to report the attribution of funds to contributors for a $13,783 transfer of funds between controlled committees, in violation of Government Code Sections 84211 and 85306 (1 count). Fine: $1,077 (Tier One).  

In the Matter of Friends of El Segundo Schools – Yes on Measure ES 2018, and Chris Powell; FPPC No. 18/997. Staff: Alex Rose, Commission Counsel. Friends of El Segundo Schools – Yes on Measure ES 2018 is a primarily formed ballot measure committee in support of Measure ES, a successful bond measure on the November 6, 2018 General Election. Chris Powell is the Committee’s treasurer. The Committee and Powell failed to timely file two 24-hour contribution reports, in violation of Government Code Section 84203 (2 count). Fine: $980 (Tier Two).

In the Matter of Tom Huff for School Board 2020, and Tom Huff; FPPC No. 21/634. Staff: Marissa Nash, Commission Counsel. Tom Huff, candidate for Evergreen Elementary Board of Trustees failed to timely file three 24-hour contribution reports, in violation of Government Code Section 84203 (3 counts). Fine: $805 (Tier One).

In the Matter of Friends of John Bliss for Merced City Council 2018, Jasmine Posadas and John Bliss; FPPC No. 19/1648. Staff: Alex Rose, Commission Counsel. John Bliss was an unsuccessful candidate for the Merced City Council in the November 6, 2018 General Election. Friends of John Bliss for Merced City Council 2018 was Bliss’s candidate-controlled committee and Jasmine Posadas was the committee treasurer. The Committee, Bliss, and Posadas failed to timely file a qualifying statement of organization, one pre-election campaign statement, and one semi-annual campaign statement, in violation of Government Code Sections 84103, 84200, and 84200.5 (3 counts). Fine: $678 (Tier One).

In the Matter of Committee to Oppose Measure E, and James R. Nyman; FPPC No. 18/206. Staff: Christopher B. Burton, Assistant Chief of Enforcement and Lance Hachigian, Special Investigator. Committee to Oppose Measure E was a committee primarily formed to oppose Palos Verdes Estates Measure E for the April 10, 2018 Special Municipal Election. James R. Nyman served as the principal officer and treasurer of the Committee. The Committee and Nyman failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count); failed to timely report contributions and expenditures on a semi-annual campaign statement, in violation of Government Code Section 84211 (1 count); and failed to timely file an amendment to the Committee’s Statement of Organization after the Committee qualified, in violation of Government Code Section 84103 (1 count). Fine: $598 (Tier One).

In the Matter of James Wright, Janice Wright, and James R. Wright for Trustee South Orange County Community College District 2020; FPPC No. 20/1139. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. James Wright was a successful candidate for the South Orange County Community College District Board in the November 3, 2020 General Election. James R. Wright for Trustee South Orange County Community College District 2020 is Wright’s candidate-controlled committee. Janice Wright is the committee’s treasurer. The Committee, Wright, and Wright failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $474 (Tier One).

In the Matter of Silicon Valley Latino Democratic Forum, and Lee Ross Gomez, Jr.; FPPC No. 21/094. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Silicon Valley Latino Democratic Forum is a local general purpose committee. Lee Ross Gomez, Jr. is the committee’s Treasurer. The Committee and Gomez failed to timely file a semi-annual campaign statement, in violation of Government Code Section 84200 (1 count). Fine: $400 (Tier Two).

In the Matter of Richard Fuentes and Richard Fuentes for CalPERS Board 2022; FPPC No. 22/335. Staff: Angela Brereton, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. Richard Fuentes was an unsuccessful candidate for CalPERS Board in the May 16, 2022 Special Election, and Richard Fuentes for CalPERS Board 2022 was Fuentes’ candidate-controlled committee. The Committee and Fuentes failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $371 (Tier One).

In the Matter of Josie Calderon-Scott for Water Board 2020, Josie Calderon-Scott, and Richard Scott; FPPC No. 20/1053. Staff: Angela Brereton, Chief of Enforcement and Amber Rodriguez, Political Reform Consultant. Josie Calderon-Scott was a successful candidate for the South Bay Irrigation District Board of Directors in the November 3, 2020 General Election. Josie Calderon-Scott for Water Board 2020 was their candidate-controlled committee. Richard Scott was the Committee’s treasurer. The Committee, Calderon-Scott, and Scott failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $251 (Tier One).

In the Matter of Friends for Bristol 2020 Snowline JUSD, District 5, and Nathan Bristol; FPPC No. 21/856. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Nathan Bristol was a successful candidate for the Snowline Joint Unified School District Board in the November 3, 2020 General Election. Friends for Bristol 2020 Snowline JUSD was Bristol’s candidate-controlled committee. The Committee and Bristol failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $220 (Tier One).

In the Matter of Committee to Elect Nancy Bumstead 2018, Nancy Bumstead, and Deborah Raymond; FPPC No. 18/996. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Nancy Bumstead was an unsuccessful candidate for the Ontario-Montclair School District Board in the November 6, 2018 General Election. Committee to Elect Nancy Bumstead 2018 was their candidate-controlled committee. Deborah Raymond was the committee’s treasurer. The Committee, Bumstead, and Raymond failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $220.

Campaign Late Reporter

In the Matter of Scott Peotter, Committee to Oppose the Recall of Scott Peotter, and Lysa Ray; FPPC Case No. 18/260. Staff: Jenna C. Rinehart, Commission Counsel, and Lance Hachigian, Special Investigator. The respondents were represented by Chad Morgan of Law Offices of Chad Morgan, APC. The Committee failed to timely disclose certain non-monetary contributions received, in violation of Government Code Section 84211 (1 count). Fine: $629 (Tier Two).

Statement of Economic Interests Late Filer

In the Matter of Douglas Eaton; FPPC No. 19/1594. Staff: Angela Brereton, Chief of Enforcement and Amber Rodriguez, Political Reform Consultant. Douglas Eaton, a Physician and Surgeon for California Correctional Health Care Services, failed to timely file a 2018 Annual, 2019 Annual, and 2020 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (3 counts). Fine: $600 (Tier One).

In the Matter of Dexter Jackson; FPPC No. 19/1226. Staff: David E. Castro, Commission Counsel. Dexter Jackson, Senior Plumbing Building Inspector for the City of Los Angeles Department of Building & Safety, failed to timely file a 2018 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $400 (Tier One).

In the Matter of Moorea Hoffman; FPPC No. 19/1586. Staff: David E. Castro, Commission Counsel. Moorea Hoffman, Planning Commissioner for the City of Plumas, failed to timely file an Assuming Office Statement of Economic Interests and a 2019 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (2 counts). Fine: $400 (Tier One).

Statement of Economic Interests Late Reporter

In the Matter of Laura Hernandez; FPPC Case No. 22/395. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Laura Hernandez is a City Council Member for the City of Port Hueneme, a Regional Council Member for the Southern California Association of Governments (SCAG), and an Alternate Member for the Channel Islands Site Authority. Hernandez failed to timely disclose one source of income on the 2021 Annual Statement of Economic Interests, in violation of Government Code Section 87207 (1 count). Fine: $100.

In the Matter of Richard Kuhns; FPPC No. 22/247. Staff: Angela Brereton, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. Richard Kuhns, Chief Administrative Officer of Trinity County, failed to timely report one source of income on their 2020 Annual Statement of Economic Interests, in violation of Government Code Section 87207 (1 count). Fine: $100 (Tier One).