FPPC Enforcement Decisions, November 17, 2022
FOR IMMEDIATE RELEASE
November 17, 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 November 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, November 17, 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 Bank Account
In the Matter of H. S. Fangary for City Council 2017, Hany S. Fangary, and Dina Fangary; FPPC No. 18/005, 22/033. Staff: Theresa Gilbertson, Senior Commission Counsel. Hany S. Fangary was a successful candidate for the 2013 and 2017 elections for City Council. H. S. Fangary for City Council 2017 was Fangary’s candidate-controlled committee. Dina Fangary served as the Committee’s treasurer. The 2017 Committee, Fangary, and Dina Fangary failed to deposit all contributions into and make all expenditures from a designated campaign bank account, in violation of Government Code Section 85201 (1 count). The 2017 Committee, Fangary, and Dina Fangary failed to timely file campaign statements for the reporting periods ending September 23, 2017; December 31, 2017; and June 30, 2018, in violation of Government Code Sections 84200.5 and 84200 (1 count). Fine: $6,000.
In the Matter of Craig Kay for Assessor-Recorder 2018, and Craig Kay; FPPC No. 18/540. Staff: Theresa Gilbertson, Senior Commission Counsel and Lance Hachigian, Special Investigator. Craig Kay was a successful candidate for Siskiyou County Assessor-Recorder in the June 5, 2018 Primary Election. Craig Kay for Assessor-Recorder 2018 was their candidate-controlled committee. Kay and the Committee failed to utilize a designated campaign bank account for all expenditures, in violation of Government Code Section 85201 (1 count). Fine: $2,500.
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 November 17, 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 Perea for Insurance Commissioner 2018, and Henry Perea; FPPC No. 21/897. Staff: Alex Rose, Commission Counsel and Katelin Angeloni, Special Investigator. Henry T. Perea was an unsuccessful candidate for Insurance Commissioner in the June 5, 2020 Primary Election. Perea for Insurance Commissioner 2018 was Perea’s candidate-controlled committee. The Committee and Perea failed to maintain bank statements for the two reporting periods ending in December 31, 2017 and March 22, 2018, in violation of Government Code Section 84104 (2 counts). Fine: $1,200 (Tier Two).
Advertisements
In the Matter of Keep Dana Point Friendly, Deanna Slocum, and Jason Colaco; FPPC No. 18/1242. Staff: Alex Rose, Commission Counsel and Ann Flaherty, Special Investigator. Keep Dana Point Friendly is a local independent expenditure committee. Jason Colaco and Deanna Slocum are the Committee’s treasurers. The Committee, Slocum, and Colaco failed to timely file a 24-Hour Independent Expenditure Report, in violation of Government Code Section 84204 (1 count). Additionally, the Committee, Slocum, and Colaco failed to include the proper advertising “not authorized” disclosure on yard signs, in violation of Section 84506.5 (1 count). Fine: $958 (Tier Two).
Lobbying Reporting
In the Matter of Dan Gerawan; FPPC No. 19/901. Staff: Alex Rose, Commission Counsel and Lance Hachigian, Special Investigator. The respondent is represented by Bell, McAndrews & Hiltachk, LLP. Dan Gerawan, a lobbyist, failed to timely file one Report of Persons Spending $5,000 or More to Influence Legislative or Administrative Action, in violation of Government Code Section 86116 (1 count). Fine: $296 (Tier One).
Campaign Late Reporter
In the Matter of Committee to Re-Elect Cardenas for Imperial Irrigation District 2022 – Division 1; Alex Cardenas; and Karina Alvarez; FPPC No. 22/408. Staff: Angela Brereton, Chief of Enforcement and Ginny Brown, Political Reform Consultant. Alex Cardenas was a successful candidate for Imperial Irrigation District in the June 7, 2022 Primary Election. Committee to Re-Elect Cardenas for Imperial Irrigation District 2022 – Division 1 was Cardenas’ candidate-controlled committee, and Karina Alvarez served as treasurer. The Committee, Cardenas, and Alvarez failed to timely disclose contributor and expenditure information on two pre-election campaign statements, in violation of Government Code Section 84211 (2 counts). Fine: $491 (Tier One).
In the Matter of Jared Milrad for City Council 2018, Jared Milrad, and David Gould; FPPC No. 18/255. Staff: Alex Rose, Commission Counsel and Paul Rasey, Special Investigator. Jared Milrad was an unsuccessful candidate for Long Beach City Council in the November 6, 2018 General Election. Jared Milrad for City Council 2018 was Milrad’s candidate-controlled committee and David Gould was the treasurer. The Committee, Milrad, and Gould failed to timely disclose expenditures on a semi-annual and a pre-election campaign statement, in violation of Government Code Section 84211 (2 counts). Fine: $224 (Tier One).
In the Matter of John Saunders and John Saunders / Saunders Property Company / London Coin Galleries Wholesale / CoreRealtyHoldings LLC / MV Unisys LLC / General Partners, Inc; FPPC No. 19/1383. Staff: Jenna C. Rinehart, Commission Counsel and Ann Flaherty, Special Investigator. John Saunders / Saunders Property Company / London Coin Galleries Wholesale / CoreRealtyHoldings LLC / MV Unisys LLC / General Partners, Inc, a state major donor committee, and its responsible officer, John Saunders, failed to timely report a candidate’s name for which an independent expenditure was made to support, in violation of Government Code Section 84211 (1 count). Fine: $146 (Tier One).
Campaign Late Filer
In the Matter of Nicole Ryan for ECC Board of Trustees 2020, Nicole Ryan; FPPC No. 21/744. Staff: Marissa Nash, Commission Counsel. Nicole Ryan was an unsuccessful candidate for the El Camino Community College District Governing Board in the November 3, 2020 General Election. Nicole Ryan for ECC Board of Trustees 2020 was Ryan’s candidate-controlled committee and Ryan served as the Committee’s treasurer. The Committee and Ryan failed to timely file a 24-Hour Report, in violation of Government Code Section 84203 (1 count). Fine: $550. (Tier Two).
In the Matter of Friends of Joseph R. Passalacqua for Judge 2022, Joseph R. Passalacqua, and Kaylene Hirtzer; FPPC No. 22/567. Staff: Angela Brereton, Chief of Enforcement and Ginny Brown, Political Reform Consultant. Joseph R. Passalacqua was an unsuccessful candidate for Sonoma County Superior Court Judge in the June 7, 2022 Primary Election. Friends of Joseph R. Passalacqua for Judge 2022 was Passalacqua’s candidate-controlled committee. Kaylene Hirtzer was the Committee’s treasurer. The Committee, Passalacqua, and Hirtzer failed to timely file two 24-Hour Reports, in violation of Government Code Section 84203 (2 count). Fine: $430 (Tier One).
In the Matter of Committee to Elect Mike Juarez for Supervisor 2020, Mike Juarez; FPPC No. 20/221. Staff: Alex Rose, Commission Counsel. Mike Juarez was an unsuccessful candidate for Riverside County Supervisor in the November 3, 2020 General Election. Committee to Elect Mike Juarez for Supervisor 2020 was Juarez’s candidate-controlled committee. The Committee and Juarez failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5 (1 counts). Fine: $260 (Tier One).
Statement of Economic Interests Late Filer
In the Matter of Carl Hansen; FPPC No. 22/724. Staff: Angela Brereton, Chief of Enforcement and Ginny Brown, Political Reform Consultant. Carl Hansen, Commissioner of the City of Santa Monica’s Housing Commission, failed to timely file a 2020 Annual 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 James Mercurio; FPPC No. 19/647. Staff: Bridgette Castillo, Senior Commission Counsel and Ann Flaherty, Special Investigator. The respondent is represented by Russell H. Miller, Miller & Olson LLP. James Mercurio is a former designated consultant to the Santa Clara Stadium Authority. Mercurio failed to timely disclose a source of income on the Assuming Office Statement of Economic Interests and the 2018 Annual Statement of Economic Interests, in violation of Government Code Sections 87300 and 87302 (2 counts). Fine: $2,000 (Tier Two).