- Elizabeth Larson
- Posted On
FPPC approves enforcement action in 2014 supervisorial race for late filings, cash donation
LAKE COUNTY, Calif. – The California Fair Political Practices Commission has approved an enforcement action against a candidate in a 2014 Lake County supervisorial race based on violations for failing to file required forms and taking a cash donation that was larger than allowed.
The FPPC voted 4-0 in favor of staff enforcement action recommendations on March 17 in the matter of John Brosnan of Upper Lake and John Brosnan for District 3 Supervisor 2014, according to commission spokesman Jay Wierenga.
Wierenga said both the commission's enforcement staff and Brosnan accepted and signed off on the agreement before it was finalized by the commission.
Brosnan told Lake County News that the FPPC staff was “very supportive” and assisted him during the investigation.
“So far I'm very pleased with their position and how they were able to see if there was or wasn't any culpability,” he said.
Brosnan, who ran for the District 3 supervisor seat in 2014, was a successful candidate in the June 3 primary and then was involved in a runoff with Jim Steele of Clearlake Oaks, who ultimately won the race on Nov. 4 of that year.
Brosnan said he was told by FPPC staff that the basis of the investigation was a complaint over a campaign mailer that arrived days before the November 2014 election.
A copy of the complaint filed against Brosnan, obtained from the FPPC by Lake County News, confirmed that it was filed by Steele.
Steele, acknowledged to Lake County News that he filed the complaint.
“I made the original complaint to ensure election practices in Lake County are kept fair, the voter is not deceived and each candidate takes responsibility for their campaign material,” he said. “The FPPC agrees that the Political Reform Act was violated and is requiring a fine for improper disclosure.”
He added, “I hope that all candidates take a responsible role in promoting a positive message in coming elections and stand up for fair practices.”
That mailer accused Steele's wife Olga Martin Steele of being a “double dipper” based on a July 2008 San Jose Mercury News article titled “Water CEO is double-dipping” that drew attention to her state pension and a part-time salary with Santa Clara Valley Water District that totaled $432,000 annually: http://www.mercurynews.com/localnewsheadlines/ci_9815139 .
Also in July 2008, ABC News ran a story, “States eye cycle of retiring, rehiring,” that referenced Olga Martin Steele's pension and part-time salary as an example for why states were cracking down on letting retirees collect pensions and salaries: http://abcnews.go.com/Business/story?id=5391940&page=1 .
The mailer also stated, “Don't let this 'Power Couple' into our pockets!!”
It urged voters not to vote for Jim Steele for supervisor “unless you want more of THIS” – with an arrow pointing to a picture of then-Sheriff Frank Rivero, with whom the Steeles were closely tied.
Olga Martin Steele had been Rivero's campaign manager during his 2010 campaign. She also hosted a local radio program providing Rivero a media platform during his tenure as sheriff.
In his complaint, Steele wrote that the mailer postcard contained information similar to a campaign mailer that was sent by the Committee to Elect John Brosnan.
Steele also said he was told by two individuals – Latrell Lacey and Herb Gura, the latter who had run for the District 3 supervisorial seat in the June 2014 primary – that they “heard Brosnan describe the scenario depicted in the illegal postcard/mailer.”
In addition to alleging that Brosnan was behind the “illegal” campaign mailer, Steele's complaint alleged libelous campaign literature for that mailer, misuse of voter data files, use of Brosnan's company trucks – and, possibly, his employees – for putting up campaign signs, failure to disclose expenses, no form 410 reports, late filing of campaign reports and a questionable large cash contribution of $5,000.
Those latter issues – late filing of reports and that $5,000 cash contribution – were the basis for the enforcement the FPPC approved at its March 17 meeting.
Brosnan – who was the treasurer for his own campaign committee – along with that committee failed to file four preelection campaign statements by the due dates in March, May, July and October of 2014 and one semiannual campaign statement in October 2014, which violated sections of state Government Code, according to the settlement.
The settlement narrative said those late reports represented 75 percent of total contributions received and 56.64 percent of total expenditures made by Brosnan's election committee.
In addition, Brosnan and the committee received cash contributions of $100 or more totaling $5,000, which violated another state Government Code section, according to the enforcement document.
In the case of the latter violation, the settlement explained that Brosnan received a prohibited cash contribution totaling $5,000 from his parents in June 2013.
While that contribution was reported in the appropriate campaign statement, the settlement explained that contributions of $100 or more cannot be received in cash.
Altogether, the case consisted of two violations of the Political Reform Act, which carried a total administrative penalty of $10,000, the FPPC reported.
However, noting that Brosnan and his committee had no enforcement history and fully cooperated with the FPPC investigation, the recommended penalty was $4,000, with $2,500 of that amount being for the failure to file the campaign statements in timely fashion and $1,500 for taking the prohibited cash contributions.
The settlement document also noted that most of the contributions received by the campaign committee were from Brosnan and his family.
“The investigation did not reveal evidence of deliberate concealment or intent to deceive the public. And the Enforcement Division found that Brosnan and the Committee’s amended campaign statements substantially complied with the Act’s campaign reporting requirements,” the document said.
Wierenga said Brosnan has to pay the $4,000 penalty to the state general fund.
“I'm very pleased with how they assisted us and exonerated me for that mailer,” Brosnan said.
However, when asked if the matter is at an end, Wierenga told Lake County News, “FPPC Enforcement still has an open and active investigation on this matter,” and because of that he couldn't comment further.
Based on a review of FPPC records, Brosnan's enforcement is the second-largest issued against a Lake County candidate or holder of public office.
The largest enforcement action was taken in 1987 against former Lake County Supervisor Jesse Combs, fined $12,000 for 12 counts related to committing violations on matters “that clearly benefited business partners and developers who were sources of income” which also were not disclosed on his statement of economic interests.
Those matters in question included his votes on expansion of Lampson Airport and the development of the north Lakeport subdivision Lakeside Heights.
Lakeside Heights is at the heart of an ongoing lawsuit against the county by homeowners as a result of a landslide that began developing in March 2013 and has destroyed several homes.
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