FPPC Enforcement Release, September 21, 2023
FOR IMMEDIATE RELEASE
September 21, 2023
For More Information Contact:
Jay Wierenga (916) 322-7761
Additional information on each of the enforcement cases listed below can be found in the June 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 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 21, 2023. Decisions are listed by category and include a brief summary of each case and the total amount of any administrative fine in each case.
Mass Mailing Sent at Public Expense
In the Matter of Compton Community College District; FPPC No. 22/795. Staff: Artin Berjikly, Senior Commission Counsel and Paul Rasey, Special Investigator. The respondent is represented by Joshua E. Morrison of Atkinson, Andelson, Loya, Ruud & Romo. On or about October 19, 2022, Compton Community College District paid for, and distributed a newsletter to over 33,000 district residents featuring photographs, names and titles of five elected District Board of Trustee members, three of which were on the ballot for the November 8, 2022 General Election, in violation of Government Code Sections 89001 and 89002 (1 count). Fine: $4,000.
Default Proceedings
In the Matter of Jose Pech; FPPC No. 19/1407. Staff: Jenna C. Rinehart, Commission Counsel and George Aradi, Special Investigator. Jose Pech, a former Housing Inspector for the City of Oxnard Housing Authority, participated in governmental decisions by inspecting and evaluating rental properties that had a reasonably foreseeable material financial effect on Pech’s source of income financial interest, in violation of Government Code Section 87100 (2 counts). Additionally, Pech failed to timely file a Leaving Office Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Fine: $14,000.
Advertisements
In the Matter of Fullerton Elementary Teachers Association PAC; FPPC No. 18/1487. Staff: Marissa Corona, Commission Counsel and Roone Peterson, Special Investigator. Fullerton Elementary Teachers Association PAC is a local general purpose committee. The Committee failed to include the proper advertising disclosures on yard signs and banners distributed prior to the November 6, 2018 General Election, in violation of Government Code Sections 84502 and 84506.5 (4 counts). Fine: $1,634 (Tier Two).
In the Matter of Sonoma Citizens for Local Access Yes on Measure Y 2020 and Jon Early; FPPC No. 20/957. Staff: Jenna C. Rinehart, Commission Counsel and Kaitlin Osborn, Special Investigator. Sonoma Citizens for Local Access Yes on Measure Y 2020 was a local ballot measure committee primarily formed to support the approval of Measure Y, a personal cannabis cultivation initiative, on the November 3, 2020 General Election ballot for City of Sonoma. Jon Early served as the Committee’s principal officer. The Committee and Early failed to timely file an amendment to its Statement of Organization to disclose the Committee’s sponsor, Bear Flag Development, and to include the name of the sponsor in the Committee’s name, in violation of Government Code Section 84102 (1 count). Additionally, the Committee and Early failed to include a disclosure in its internet website, in violation of Government Code Section 84504.3 (1 count). Fine: $602 (Tiers One & Two).
In the Matter of Santa Paula Officers Association and Daniel McCarthy; FPPC No. 19/1314. Staff: Jonathan Rivera, Commission Counsel. Santa Paula Officers Association was an independent expenditure committee. Daniel McCarthy served as the Committee’s principal officer. The Committee and McCarthy failed to include the proper advertising disclosure on a newspaper ad distributed prior to the November 6, 2018 General Election, in violation of Government Code Section 84506.5 (1 count). Fine: $115 (Tier One).
Campaign Reporting
In the Matter of Dutton for A V College Board Campaign Committee 2020, Michael Dutton, and Kenneth Scott; FPPC No. 21/219. Staff: Alex Rose, Commission Counsel. Michael Dutton was an unsuccessful candidate for the Antelope Valley Community College District Board in the November 3, 2020 General Election. Dutton for A V College Board Campaign Committee 2020 was Dutton’s candidate-controlled committee and Kenneth Scott served as the Committee’s treasurer. The Committee, Dutton, and Scott failed to timely report a $843 contribution on the pre-election campaign statement with the reporting period ending on October 17, 2020, in violation of Government Code Section 84211 (1 count). Fine: $125 (Tier One).
Campaign Late Filer
In the Matter of Committee to Elect James Hernandez, Board of Director 2022, James Hernandez, and Barbara Hernandez; FPPC No. 23/452. Staff: James M. Lindsay, Chief of Enforcement and Tara Stock, Intake Manager. James Hernandez was a successful candidate for the Vallecitos Water District Board in the November 8, 2022 General Election. Committee to Elect James Hernandez, Board of Director 2022, is Hernandez’s candidate-controlled committee. Barbara Hernandez served as the Committee’s treasurer. The Committee, Hernandez, and Hernandez failed to timely file five 24-hour contribution reports, in violation of Government Code Section 84203 (5 counts). Fine: $1,527 (Tiers One & Two).
In the Matter of Constitutional Patriots of Tuolumne County, Randell Hanvelt, and David Wynne; FPPC No. 21/734. Staff: Alex Rose, Commission Counsel and Lance Hachigian, Special Investigator. Constitutional Patriots of Tuolumne County is a local primarily formed committee. David Wynne served as the Committee’s treasurer and Randell Hanvelt was the principal officer. The Committee, Wynne, and Hanvelt failed to timely file a semi-annual campaign statement and a 24-hour late expenditure report, in violation of Government Code Sections 84200 and 84204 (2 counts). Fine: $767 (Tiers One & Two).
In the Matter of Patty Holohan for Redlands School Board 2022, Patty Holohan, and Melissa D. Morse; FPPC No. 23/568. Staff: James M. Lindsay, Chief of Enforcement and Amber Rodriguez, Political Reform Consultant. Patty Holohan was a successful candidate for the Redlands Unified School District Board of Trustees in the November 8, 2022 General Election. Patty Holohan for Redlands School Board 2022 was their candidate-controlled committee. Melissa D. Morse served as the Committee’s treasurer. The Committee, Holohan, and Morse failed to timely file one 24-hour contribution report, in violation of Government Code Section 84203 (1 count). Fine: $698 (Tier One).
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