FPPC Enforcement Decisions, September 15, 2022
FOR IMMEDIATE RELEASE
September 15, 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 September 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, September 15, 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.
Laundered Campaign Contributions
In the Matter of Andrew M. Stein, Andrew Stein for Superior Court Judge 2014, and Yolanda Miranda; FPPC Case No. 17/075. Staff: Jenna C. Rinehart, Commission Counsel and Lance M. Hachigian, Special Investigator. This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. Andrew Stein was a successful candidate for Los Angeles County Superior Court Judge in the June 3, 2014 Primary Election, but was defeated in the November 4, 2014 General Election. Andrew Stein for Superior Court Judge 2014 was Stein’s controlled committee. Yolanda Miranda served as the Committee’s treasurer. In this matter, Stein, the Committee, and Miranda caused a third party to make a $100,000 contribution to the Committee in the name of Stein, in violation of Government Code Section 84301 (1 count). Further, Stein, while acting as the intermediary of the third party, failed to disclose both the intermediary and the original contributor information for the $100,000 contribution from the third party to the Committee, in violation of Government Code Section 84302 (1 count). Finally, Stein, the Committee, and Miranda filed a campaign statement with inaccurate contributor information regarding the $100,000 contribution, in violation of Government Code Section 84211 (1 count). Fine: $15,000.
Default Proceedings
In the Matter of Laura Franco-Perez; FPPC No. 18/083. Staff: Alex Rose, Commission Counsel. Laura Franco-Perez, Planning Commissioner of the City of Sanger, failed to timely file an Assuming Office, 2017 Annual, and Leaving Office Statement of Economic Interests, in violation of Government Code Sections 87202, 87203, and 87204 (3 counts). Fine: $12,000.
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 September 15, 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.
Campaign Bank Account
In the Matter of Waymond Fermon for Indio City Council 2018, Waymond Fermon, and Sonya Galvez; FPPC No. 18/202. Staff: Alex Rose, Commission Counsel. Waymond Fermon was a successful candidate for Indio City Council in the November 6, 2018 General Election. Waymond Fermon for Indio City Council 2018 was Fermon’s candidate-controlled committee and Sonya Galvez was the treasurer. The Committee, Fermon, and Galvez failed to timely file a pre-election campaign statement, a Candidate Intention Statement, a Statement of Organization Amendment, and six 24-hour contribution reports, in violation of Government Code Section 84103, 84200.5, 84203, and 85201 (9 counts). Fine: $2,126 (Tiers One & Two).
Campaign Late Filer
In the Matter of Ruben Major for Secretary of State 2018, and Ruben Major; FPPC No. 19/1512. Staff: Alex Rose, Commission Counsel. This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. Ruben Major was an unsuccessful candidate for Secretary of State in the June 5, 2018 Primary Election. Ruben Major for Secretary of State 2018 was Major’s candidate-controlled committee. The Committee and Major failed to timely file seven 24-hour contribution reports, in violation of Government Code Section 84203 (7 counts). Fine: $3,864 (Tier Two).
In the Matter of Cardiovascular Health PAC, and Lianna Collinge; FPPC No. 18/1349. Staff: Marissa Nash, Commission Counsel. Cardiovascular Health PAC is a state general purpose committee. Lianna Collinge serves as the treasurer. The Committee and Collinge failed to timely file a pre-election campaign statement electronically and in paper format, in violation of Government Code Sections 84200.5 and 84605 (1 count); failed to timely file three semi-annual campaign statements electronically and in paper format, in violation of Government Code Sections 84200 and 84605 (3 counts); and failed to timely file one semi-annual campaign statement electronically, in violation of Government Code Sections 84200 and 84605 (1 count). Fine: $1,729 (Tier One).
In the Matter of Richard Angel for So. El Monte City Council 2020, and Richard Angel; FPPC No. 21/336. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Richard Angel was a successful candidate for South El Monte City Council in the November 3, 2020 General Election. Richard Angel for So. El Monte City Council 2020 was Angel’s candidate-controlled committee. The Committee and Angel failed to timely file two pre-election campaign statements, in violation of Government Code Section 84200.5 (2 counts); and failed to timely file three 24-hour contribution reports, in violation of Government Code Section 84203 (3 counts). Fine: $1,495 (Tier One).
In the Matter of Mendocino County Republican Central Committee, and Thomas Montgomery; FPPC No. 19/1645. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Mendocino County Republican Central Committee is a state general purpose committee. Thomas Montgomery is the Committee’s treasurer. The Committee and Montgomery failed to timely file six semi-annual campaign statements, in violation of Government Code Section 84200 (6 counts). Fine: $1,255 (Tier One).
In the Matter of Dean Kunicki for VCBOE, District 4 2018, Dean Kinicki, and Janice Kunicki; FPPC No. 21/100. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. Dean Kunicki was an unsuccessful candidate for Member of the Ventura County Board of Education in the November 6, 2018 General Election. Dean Kunicki for VCBOE, District 4 2018 was Kunicki’s candidate-controlled committee. Janice Kunicki was the Committee’s treasurer. The Committee, Dean Kunicki, and Janice Kunicki failed to timely file two semi-annual campaign statements, in violation of Government Code Section 84200 (2 counts). Fine: $932 (Tier One).
In the Matter of Committee to Elect Carlos Zaragoza I C Supervisor, Division 5 2022 and Carlos Zaragoza; FPPC No. 22/592. Staff: Angela Brereton, Chief of Enforcement and Ginny Brown, Political Reform Consultant. Carlos Zaragoza was an unsuccessful candidate for Imperial County Supervisor in the June 7, 2022 Primary Election. Committee to Elect Carlos Zaragoza I C Supervisor, Division 5 2022 was Zaragoza’s candidate-controlled committee and Zaragoza served as the treasurer. The Committee and Zaragoza failed to timely file four 24-hour contribution reports, in violation of Government Code Section 84203 (4 counts). Fine: $881 (Tier One).
In the Matter of Building and Construction Trades Council of Marin Let’s All Build Responsibly, and Michael Allen; FPPC No. 22/326. Staff: Angela Brereton, Chief of Enforcement and Ginny Brown, Political Reform Consultant. Building and Construction Trades Council of Marin Let’s All Build Responsibly is a local general purpose committee. Michael Allen is the Committee’s treasurer. The Committee and Allen failed to timely file a semi-annual campaign statement, in violation of Government Code Section 84200 (1 count). Fine: $580 (Tier Two).
In the Matter of Berkeley Council of Classified Employees AFT Local 6192 COPE, Estellas Sisneros; FPPC No. 22/417. Staff: Angela Brereton, Chief of Enforcement and Tara Stock, Intake Manager. The respondents were represented by Richard Rios of Olson Remcho LLP. Berkeley Council of Classified Employees AFT Local 6192 COPE is a state general purpose committee. Estellas Sisneros is the Committee’s treasurer. The Committee and Sisneros failed to timely file two semi-annual campaign statements, in violation of Government Code Section 84200 (2 counts). Fine: $499 (Tier One).
Campaign Late Reporter
In the Matter of Lynn Compton for Supervisor 2022, Lynn Compton, and Trent Benedetti; FPPC No. 22/537. Staff: Chief of Enforcement, Angela Brereton and Tara Stock, Intake Manager. Lynn Compton was an unsuccessful candidate for San Luis Obispo County Supervisor in the June 7, 2022 Primary Election. Lynn Compton for Supervisor 2022 is Compton’s candidate-controlled committee. Trent Benedetti is the Committee’s treasurer. The Committee, Compton, and Benedetti failed to timely report subvendor expenditures on two pre-election campaign statements, in violation of Government Code Section 84211 (2 counts). Fine: $2,691 (Tiers One & Two).
In the Matter of Betty Yee for Controller 2018, Betty Yee, and Jane Leiderman; FPPC Case No. 19/989. Staff: Jenna C. Rinehart, Commission Counsel. Betty Yee was a successful incumbent candidate for California Controller in the June 5, 2018 Primary Election and November 6, 2018 General Election. Betty Yee for Controller 2018 was Yee’s candidate-controlled committee. Jane Leiderman served as the Committee’s treasurer. The Committee, Yee, and Leiderman failed to timely disclose subvendor and credit card vendor information for expenditures totaling $129,509 across three reporting periods, in violation of Government Code Sections 84211 and 84303 (3 counts). Fine: $2,389 (Tier One).
In the Matter of Elect Debra Lucero Supervisor District 2 – 2022; Debra Lucero, and Debbie Allen; FPPC No. 22/423. Staff: Angela Brereton, Chief of Enforcement and Ginny Brown, Political Reform Consultant. Debra Lucero was an unsuccessful candidate for Butte County Supervisor in the June 7, 2022 Primary Election. Elect Debra Lucero Supervisor District 2 – 2022 was Lucero’s candidate-controlled committee and Debbie Allen served as treasurer. The Committee, Lucero, and Allen failed to timely file seven 24-hour contribution reports, in violation of Government Code Section 84203 (7 counts). Fine: $1,801 (Tier One).
Statement of Economic Interests Late Filer
In the Matter of Tracy Leathers; FPPC Case No. 17/028. Staff: Jenna C. Rinehart, Commission Counsel. Tracy Leathers, a Principal for Alum Rock Union Elementary School District, failed to timely file 2015, 2016, 2017, 2019, 2020, and 2021 Annual Statements of Economic Interests, in violation of Government Code Section 87300 (6 counts). Fine: $3,600 (Tier One).
In the Matter of Melissa Melendez; FPPC Case No. 19/533. Staff: Neal Bucknell, Senior Commission Counsel and Ann Flaherty, Special Investigator. Melissa Melendez, a former member of the California State Assembly, District 67, is represented by Ashlee Titus of Bell, McAndrews & Hiltachk, LLP. On their 2016-2019 Annual Statements of Economic Interests and their Candidate Statement of Economic Interests for the June 5, 2018 Primary Election, Melendez failed to report certain business interests on Schedule A-2 and they under-reported income received from one business entity, in violation of Government Code Sections 87201 and 87203 (7 counts). Fine: $700 (Tier One).
Statement of Economic Interests Late Reporter
In the Matter of Florentino Gonzales; FPPC Case No. 21/486. Staff: Bridgette Castillo, Senior Commission Counsel and Ann Flaherty, Special Investigator. Florentino Gonzales is a former Building Engineer Inspector with the Los Angeles County Department of Public Works. Gonzales failed to timely disclose a source of income on the 2018 Annual Statement of Economic Interests, in violation of Government Code Sections 87300 and 87302 (1 count). Fine: $1,000 (Tier Two).