City Councilman/RDA member fined $116,000

The FPPC is not playing games when City Councilmen/RDA members vote on decisions in which they have a material financial business interests (significant source of income) in impacted redevelopment area, violating Government Code Section 87100.

PDF Current Violations
Conflict of Interest:

5. In the Matter of David Cole, FPPC No. 06/1148. (Default Decision) Staff: Senior Commission Counsel Angela Brereton and Senior Special Investigator Leon Nurse-Williams. Respondent David Cole was a member of the Pinole City Council and as such, was also a board member of the Pinole Redevelopment Agency in Pinole, CA, from 2000 to 2007. In this matter, on multiple occasions in 2003 – 2007, Respondent made governmental decisions in which he had a material financial interest, by voting on matters before the Pinole Redevelopment Agency and the Pinole City Council involving The Kivelstadt Group, which was  a significant source of income (emphasis added) to Respondent in violation of Government Code Section 87100 (16 counts); failed to disclose his income from and business position with Pinole Valley Landscape in his annual statements of economic interests for 2003 – 2006, in violation of Government Code Sections 87207, subdivision (b) and 87209 (4 counts); and failed to disclose The Kivelstadt Group as a source of income to him through Pinole Valley Landscape in his annual statements of economic interests for 2003 – 2006, in violation of Government Code Section 87207, subdivision (b)(2) (4 counts). Total Proposed Penalty: $116,000.

Campaign Reporting Violations:

3. In the Matter of Monterey County Republican Central Committee and Chris Steinbruner, FPPC No. 08/761. Staff: Senior Commission Counsel Galena West and Program Specialist Luz Bonetti. In this matter, Respondents Monterey County Republican Central Committee and Chris Steinbruner failed to timely file late contribution reports disclosing contributions made in the amount of $530,183 and received in the amount of $20,000, in violation of Sections 84203, subdivision (a) and 84605, subdivision (a)(2), of the Government Code (6 counts); failed to report on a pre-election campaign statement for the reporting period ending September 30, 2006, required subvendor information, in violation of Sections 84211, subdivision (k), and 84303 of the Government Code (1 count); impermissibly accepted three contributions each in excess of the $30,200 contribution limit from one source for the purpose of making contributions to support candidates for elective state office, in violation of Section 85303, subdivision (b) of the Government Code (1 count); and used contributions in excess of the contribution limit to make contributions to candidates for elective state office, in violation of Section 85303, subdivision (c) of the Government Code (1 count). Total Proposed Penalty: $25,000.

4. In the Matter of Maxine Sherard, Sherard for Assembly 2006, and Sherard for Assembly 2008, FPPC No. 10/26 (Default Decision). Staff: Senior Commission Counsel Neal Bucknell, Special Investigator Paul Rasey, and Law Clerk Amanda Allen. Respondent Maxine Sherard was a candidate for the California State Assembly in 2006 and 2008. Respondents Sherard for Assembly 2006 and Sherard for Assembly 2008 were her candidate controlled committees for these elections. In this matter, Respondents failed to file amended statements of organization regarding changes as to committee treasurers in violation of Government Code section 84103, subdivision (a) (2 counts). Also, Respondents failed to file semi-annual campaign statements for reporting periods ending June 30, 2008, November 7, 2008, December 31, 2008, June 30, 2009, December 31, 2009, and June 3, 2010, in violation of Government Code section 84200, subdivision (a) (2 counts). Additionally, Respondents failed to file terminating statements of organization in violation of Government Code section 84214 (2 counts). Also, Respondents failed to report all required information regarding loans received on campaign statements filed for reporting periods ending May 17, 2008 and June 30, 2008, in violation of Government Code section 84211, subdivision (g) (1 count). Additionally, Respondents failed to refund a general election contribution in excess of campaign contribution limits, after losing in the primary election, in violation of Government Code section 85318 (1 count). (Note: not all counts apply to all respondents.) Total Proposed Penalty: $20,000.

Major Donor – Streamline

6. In the Matter of Thomas C. Ford, FPPC Case No. 11/ 461. Staff: Political Reform Consultant Adrianne Korchmaros. Respondent Thomas C. Ford failed to timely file major donor semiannual reports covering the periods January 1, 2010 through June 30, 2010, due July 31, 2010, and July 1, 2010 through December 31, 2010, due January 31, 2011 with the Secretary of State in violation of Government Code Section 84200 (2 counts). Total Proposed Penalty: $800.

Statement of Economic Interests Non-filer – Streamlined:

7. In the Matter of Chris Miley FPPC No. 11/488 Staff: Chief of Enforcement Gary Winuk, Law Clerk Bridgette Gallagher. City of Oakland employee failed to timely file an annual Statement of Economic Interests for the reporting period of January 1, 2009 through December 31, 2009, due April 1, 2010, in violation of Government Code Section 87300. Total Proposed Penalty: $200.

8. In the Matter of Risha Jamison, FPPC No. 11/487 Staff: Chief of Enforcement Gary Winuk, Law Clerk Bridgette Gallagher. City of Oakland employee failed to timely file an annual Statement of Economic Interests for the reporting period of January 1, 2009 through December 31, 2009, due April 1, 2010, in violation of Government Code Section 87300. Total Proposed Penalty: $200.

9. In the Matter of Benjamin Scott, FPPC No. 11/555. Staff: Chief of Enforcement Division Gary Winuk and Law Clerk Alisha Heilman. Respondent Benjamin Scott, Commissioner, Oakland Rent Board, failed to timely file an annual Statement of Economic Interests for the reporting period of January 1, 2009 through December 31, 2009, due April 1, 2010, in violation of Government Code section 87300 (1 count). Total Proposed Penalty: $200.

10. In the Matter of Robert Dias, FPPC No. 11/583. Staff: Chief of Enforcement Division Gary Winuk and Law Clerk Alisha Heilman. Respondent Robert Dias, Project Manager, City of Oakland, failed to timely file an annual Statement of Economic Interests for the reporting period of January 1, 2009 through December 31, 2009, due April 1, 2010, in violation of Government Code section 87300 (1 count). Total Proposed Penalty: $200.

11. In the Matter of Michael R. Wright; FPPC No. 11/290. Staff: Commission Counsel Bridgette Castillo and Political Reform Consultant Jeanette Turvill. Respondent Michael R. Wright (“Respondent Wright”), Commissioner for the Robert DiasParking and Traffic Commission failed to timely file an annual Statement of Economic Interests for the reporting period of January 1, 2010 through December 31, 2010, due April 1, 2011, in violation of Government Code section 84300 (1 Count). Total Proposed Penalty: $200.

12. In the Matter of Jo-Ellen Spencer, FPPC No. 11/532. Staff: Political Reform Consultant Teri Rindahl and Law Clerk Kyle Levy. Respondent Jo-Ellen Spencer, Board or Commission member for the City of Oakland, failed to file an annual Statement of Economic Interests for the reporting period of January 1, 2009 through December 31, 2009, due April 1, 2010, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.

13. In the Matter of Patricia Breslin, FPPC No. 11/816. Staff: Political Reform Consultant Adrianne Korchmaros. Respondent Patricia Breslin, a member of the City and County of San Francisco Rate Fairness Board, failed to timely file an annual Statement of Economic Interests for the reporting period of January 1, 2010 through December 31, 2010, due April 1, 2011, in violation of Government Code section 84300 (1 count). Total Proposed Penalty: $200.

Related posts:

1. City Councilman on redevelopment agency fined $111,500
2. FPPC Enforcement Decisions: February 10, 2011
3. FPPC Monthly Conflict of Interest Violations
4. FPPC: Proposal to Amend Regulations
5. Flashback: 1 Year Ago-Gary Daigneault, Z107.7

Tags: Benjamin Scott, Chris Steinbruner Pinole City news, City of Oakland, conflict of interest, David Cole, FPPC violations, Government Code, Jo-Ellen Spencer, Kivelstadt Group, Monterey County Republican Central Committee, Oakland Rent Board, Patricia Breslin, Pinole City Council, Pinole Valley Landscpe, Risha Jamison, Robert Dias, San Francisco Rate Fairness Board, Section 87100, Thomas C. Ford