FPPC Enforcement Decisions, May 19, 2022
FOR IMMEDIATE RELEASE
May 19, 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 Thursday, May 19, 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 Reporter and Cash Contributions and Expenditures
In the Matter of Anthony Phan and Neighbors for Anthony Phan 2016-City Council, FPPC No. 17/054. Staff: Bridgette Castillo, Senior Commission Counsel and Roone Petersen, Special Investigator. Anthony Phan was a successful candidate for Milpitas City Council in the November 8, 2016 General Election and was re-elected in the November 3, 2020 General Election. Phan is currently a member of the Milpitas City Council. Neighbors for Anthony Phan 2016-City Council (Committee) was Phan’s candidate-controlled committee in 2016. Johnathon Le was the named treasurer through 2016. In 2017, Phan was the Committee treasurer. In this matter, Phan and the Committee failed to properly report a loan, in violation of Government Code Section 84211, subdivisions (f), (g) and (k) (1 count), impermissibly received and made expenditures of cash over $100, in violation of Government Code Section 84300, subdivisions (a), (b) and (c) (1 count), and failed to properly disclose required contributor information on campaign statements, in violation of Government Code Section 84211, subdivisions (f)(3) and (f)(4) (1 count). Fine: $15,000.
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 May 19, 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.
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In the Matter of Michael Dalla; FPPC No. 20/1022. Staff: Alex Rose, Commission Counsel. Michael Dalla is an independent expenditure committee. The independent expenditure committee failed to timely file a 24-Hour Report, in violation of Government Code Section 84204 (1 count), and failed to include the proper advertising disclosures on a mailer distributed prior to the November 3, 2020 General Election, in violation of Government Code Section 84506.5 (1 count). Fine: $917 (Tier Two).
In the Matter of Sunita Verma for Saratoga Union School District Board 2020, and Sunita Verma; FPPC Case No. 21/354. Staff: Jenna C. Rinehart, Commission Counsel, and Jay Gehres, Special Investigator. Sunita Verma was an unsuccessful candidate for Board Member of the Saratoga Union School District in the November 3, 2020 General Election. Sunita Verma for Saratoga Union School District Board 2020 was Verma’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: $430 (Tier Two).
Lobbying Reporting
In the Matter of OhmConnect, Inc.; FPPC No. 21/1031. Staff: Angela Brereton, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. Emily Andrews & Karen Getman of Olson Remcho LLP represented OhmConnect Inc. in this matter. OhmConnect, Inc., a $5,000 filer and lobbyist employer, failed to timely file twelve $5,000 filer quarterly reports and four lobbyist employer quarterly reports, in violation of Government Code Section 86115 (16 counts). Fine: $14,877 (Tier Two).
In the Matter of Staton Strategies, LLC, and Clifford A. Staton; FPPC No. 21/1032. Staff: Angela Brereton, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. Emily Andrews & Karen Getman of Olson Remcho LLP represented Staton Strategies, LLC and Clifford A. Staton in this matter. Staton Strategies, LLC, a lobbying firm, failed to timely file three lobbying firm quarterly reports, and Clifford A. Staton, a lobbyist, failed to file three quarterly lobbyist reports, in violation of Government Code Sections 86114 and 86113 (6 counts). Fine: $3,850 (Tier Two).
Campaign Late Filer
In the Matter of Friends of Baldwin Park Schools Yes on Measure AE, and Nancy Leon; FPPC Case No. 19/594. Staff: Jenna C. Rinehart, Commission Counsel. Friends of Baldwin Park Schools Yes on Measure AE was a local ballot measure committee primarily formed to support the approval of Measure AE, a bond issue measure on the November 6, 2018 General Election ballot. Nancy Leon served as the Committee’s treasurer. The Committee failed to timely file a semi-annual campaign statement and two 24-hour contribution reports, in violation of Government Code Sections 84200 and 84203 (3 counts). Fine: $2,140 (Tier Two).
In the Matter of Mark D. Melville for San Mateo County Sheriff 2018, Mark Melville, Sari Ditlevsen, and Rosie McNeilly; FPPC Case No. 19/1725. Staff: Jenna C. Rinehart, Commission Counsel. Mark Melville was an unsuccessful candidate for San Mateo County Sheriff in the June 5, 2018 Primary Election. Mark D. Melville for San Mateo County Sheriff 2018 was Melville’s candidate-controlled committee. Sari Ditlevsen served as the Committee’s treasurer from establishment to March 7, 2018. Rosie McNeilly served as the Committee’s treasurer from March 8, 2018 to termination. The Committee failed to timely report certain contributions received and expenditures made on one pre-election campaign statement and two semi-annual campaign statements, in violation of Government Code Section 84211 (3 counts). Fine: $638 (Tier One).
In the Matter of Alhambra Teachers Association PAC and Karen Jacobson; FPPC No. 20/1114. Staff: Angela Brereton, Chief of Enforcement and Amber Rodriguez, Political Reform Consultant. Alhambra Teachers Association PAC is a local general purpose committee. Karen Jacobson is the Committee’s treasurer. The Committee and Jacobson failed to timely file one pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $578 (Tier Two).
In the Matter of National Women's Political Caucus San Gabriel Valley, and Joanne Wendler; FPPC No. 21/087. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. National Women's Political Caucus San Gabriel Valley is a local general purpose committee. Joanne Wendler was the committee’s Treasurer. The Committee and Wendler failed to timely file two semi-annual campaign statements, in violation of Government Code Section 84200 (2 counts). Fine: $442 (Tier One).
In the Matter of Friends of Ty Humes for San Dieguito UHSD Trustee Area 5 2021, and Ty Humes; FPPC No. 21/1009. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Ty Humes was an unsuccessful candidate for the San Dieguito Unified High School District Board in the November 2, 2021 Special Election. Friends of Ty Humes for San Dieguito UHSD Trustee Area 5, 2021 is Humes’ candidate-controlled committee. The Committee and Humes failed to timely file one pre-election campaign statement (1 count), in violation of Government Code Section 84200.5. Fine: $261 (Tier One).
In the Matter of Inki Welch for Rincon Water Board 2020, and Inki Welch; FPPC No. 20/1054. Staff: Angela Brereton, Chief of Enforcement and Amber Rodriguez, Political Reform Consultant. Inki Welch was a successful candidate for the Rincon Del Diablo Municipal Water District Board of Directors in the November 3, 2020 General Election. Inki Welch for Rincon Water Board 2020 was Welch’s candidate-controlled committee. The Committee and Welch failed to timely file one pre-election campaign statement, in violation of Government Code Section 84200.5 (1 count). Fine: $224 (Tier One).
In the Matter of Greer Stone; FPPC No. 20/920. Staff: Angela Brereton, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. Greer Stone, candidate for Palo Alto City Council in the November 3, 2020 General Election, failed to timely file a Candidate Intention Statement prior to receiving contributions or making expenditures in relation to their candidacy, in violation of Government Code Section 85200 (1 count). Fine: $200 (Tier One).
In the Matter of Lydia Kou; FPPC No. 20/856. Staff: Angela Brereton, Chief of Enforcement and Ginny Lambing, Political Reform Consultant. Lydia Kou, candidate for Palo Alto City Council in the November 3, 2020 General Election, failed to timely file a Candidate Intention Statement prior to receiving contributions or making expenditures in relation to their candidacy, in violation of Government Code Section 85200 (1 count). Fine: $200 (Tier One).
Statement of Economic Interests Late Filer
In the Matter of Brandon Fawaz; FPPC No. 21/1159. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Brandon Fawaz, Councilmember for the City of Etna, failed to timely file an Assuming Office Statement of Economic Interests, in violation of Government Code Section 87202 (1 count). Fine: $200 (Tier One).
In the Matter of Theodore Irving; FPPC No. 21/555. Staff: Angela Brereton, Chief of Enforcement and Shaina Elkin, Associate Governmental Program Analyst. Theodore Irving, an Associate Zoning Administrator for the Los Angeles Planning Department, failed to timely file a 2019 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $200 (Tier One).