Lack of Guidelines on Fines, City Policy Arbitrary

City Violates Sacramento Election Law

Fails to Fine Late Filing Council Members, Report Council Late Filings

Arbitrariness, Favoritism Rears Its Head at City Hall

Sheri Hartz
Emeryville City Clerk
She failed to notify the FPPC
of Council members' delinquency
and failed to levy fines
against the two Council
members as required.

The City of Emeryville has failed to report City Council election misconduct to the Fair Political Practices Commission and miscarried its duty to fine two delinquent Council members as is required, the Tattler has learned.  In the run up to the 2020 election, Mayor Christian Patz and Councilwoman Ally Medina were negligent in their duty to file political campaign donor information with the FPPC and a Public Records Request revealed the City failed in its duty to report that to the FPPC and to levy required fines against the two procrastinating Council members.  

City Clerk Sheri Hartz told the Tattler it is “generally the City’s practice to work with filers toward compliance rather than to assess fines”.

However the FPPC is clear that barring any municipal guidelines permitting fines to be waived or reduced, the fine schedule defaults to the State suggested $10 per day for every day a candidate is late on filing the proper disclosure forms.  Because the City did not disclose the existence of any such municipal guidelines in the Tattler Public Records Request response, the City is presumed to not have any guidelines and is therefore not free to ‘work with filers’ and waive the fines, lest public policy at City Hall descend into capriciousness.  

Mayor Christian Patz
He owes $1010 in fines
for late filing his campaign
contribution forms.

Following a November 8th Tattler story on the late filings and the assessment of fines to be applied against the two Council members, City Attorney Michael Guina cited government code §84200.8 that unequivocally permits the City, at its pleasure, an exception to waive a portion of the fines the Tattler quoted specifically because the Council members ran unopposed in the election.  Without the exception taken, Mr Patz and Ms Medina would owe $3130 and $1310 respectively, as reported by the Tattler.  With the exception taken and the City invoking §84200.5 (its right to forgive the Council members), Mayor Patz who filed his late Forms 460 the day after the November 8th Tattler story, now owes $1010 for his 101 days late filing at $10 per day and Councilwoman Medina owes $30 for her three days late filing.  Owing to a lack of existing municipal guidelines delineating how late fees are to be assessed, the City is supposed to fine the City Council members these amounts and failure to do so would represent a breach of FPPC protocol for the City of Emeryville and would raise the specter of capriciousness and political favoritism extant at City Hall.

Ms Hartz did not answer in the Public Records Request as to why she failed to report the Council members' late FPPC filings as she is required to do.

The FPPC may levy additional fines against the two Emeryville City Council members at the rate of $5000 per violation, at their discretion.  The Tattler will be reporting to the FPPC, the Council members’ and the City Clerk’s failures to disclose the required filings. 

Councilwoman Medina has acknowledged her late filing of her Form 460.  Responding to the November 6th Tattler story, she said she had “whiffed”, whereas Mayor Patz's acknowledgment of his culpability in his late filing came solely in the form of his rush to file the forms the day after the Tattler story.  Mr Patz refused to comment for this story. 

 

OOPS!  Mayor's Math Error!
A screen shot of Mayor Patz's late filed Form 460.
The day after the November 8th Tattler story, Mayor Patz finally turned in his late campaign contributions form.  He shows his major contributors to be the politically connected CEO Rich Robbins of Wareham Development and political lobbyist/schmoozer, the oily John Gooding. 
In his flustering rush to file his form, Mayor Patz didn't add up his numbers correctly.  Ending Cash Balance should read $4542.04, not $5964.30. 

Mayor & Councilwoman Failed to File Campaign Finance Documents; Fines Possible

Election 2020:

Mayor Patz, Councilwoman Medina Fail to File Campaign Finance Accountability Forms

City/State Could Levy Fines

Mayor Christian Patz and Councilwoman Ally Medina, re-elected to their respective City Council seats on Tuesday, failed to file several periods of required campaign finance election forms with the City of Emeryville the Tattler has learned.  The required form, issued by the State of California’s Fair Political Practices Commission (FPPC), Form 460, delineates campaign contributions critical for electoral campaign accountability.

A quick perusal of the City’s website shows Ally Medina missing her last two filings of the last five required and Christian Patz missing his last three filings.  Council member John Bauters, who also ran for re-election on Tuesday, is shown to have filed every Form 460 required of him on time. 

The missing forms, called the Recipient Committee Campaign Statement Form 460 are filed under the California Political Reform Act and are considered public records, available for public inspection.  There are no provisions for extending deadlines according to the FPPC, the body tasked by the State with overarching enforcement.  

If a candidate’s election committee fails to file a Form 460 campaign statement, the FPPC may levy a fine of up to $5000 per violation according to the FPPC website.  Additionally, the State provides that the City of Emeryville may fine candidates $10 per day for every late filing.  As of today, Councilwoman Medina is late some 131 days and could be fined $1310 while Mayor Patz, at 313 days late, could be facing a $3,130 fine from the City of Emeryville.

The City is required by the FPPC to keep guidelines that dictate how election fines for delinquent local candidates are to be levied but none could be found on the City’s website.   Failure to provide the required guidelines could result in penalties issued against municipalities the FPPC website noted. 

The Tattler has made a Public Records Request with the City of Emeryville for information regarding these election violations and we will report as we are made aware.

What Happened To Election Accountability?
Screen Shot From the City's Website
Only Council member Bauters has fulfilled his required FPPC election obligations.

Election Season Deceptive Flyer From School District

School District Falsely Claims Low Funding,
 Admin Salaries

The deceptive mailer was signed by the
Superintendent of the Schools

In anticipation of the March 3rd election and the Measure K school parcel tax proposal, the Emery Unified School District late last week released a four page public mailer deceptively claiming Emery to be “One of the lowest funded districts in California” despite being funded 4% above average of State funding and over nine times the average district in local funding according to the California Department of Education.  Additionally, Emery is asserting that “No [Measure K] money can be spent on administrators' salaries” but this is the same language that was used for the last Emery parcel tax (also called Measure K, in 2014) and the District subsequently increased the number of administrators while keeping teachers’ salaries low.  Spending on administrative salaries increased by 45% while teachers' salaries went up 8% three years after passage of the parcel tax.
The 2014 parcel tax language, like this year's, claimed to bolster teacher salaries while not increasing administration costs.

The year before the existing parcel tax (2013-14), Emery spent $3,374,743 on teachers’ salaries.  In 2017-18, the most recent year reported on Ed-Data.org, the district spent $3,631,650, an increase of $256,907.  Administrative salaries went from $622,780 to $903,052 an increase of $280,272.  That means administrative salaries increased by $23,365 more than fifty teachers’ salaries increased over the same period of time.
Past and present Emery parcel tax claims of 'no administration salary increases' appears to be a deceptive shell game that discounts the fungible quality of money, an argument of sophistry.

Usually, this kind of exaggerated rhetoric if not outright falsehoods can be found in election campaign literature but for a government agency to partake of it is untoward.  Noteworthy is the fact that the flyer contains no sources or accreditation for any of the information it contains.

Emery is highest in the East Bay in Per Pupil Spending
Emery spends $18,472 per student versus
California statewide all districts average of $12,714
Source: CA Dept of Ed

Government agencies including Emery Unified, are expressly not allowed to campaign for parcel taxes they place on the ballot as Emery has with the current iteration of Measure K.  They have to rely on citizen led election committees registered with the Fair Political Practices Commission (FPPC) to do such campaigning.  The Registrar of Voters provides that government agencies, including school districts, can only produce factual, objective information disseminated to voters, not campaign material. 
Emery Unified is claiming this flyer they produced and mailed to each voter in town is such a mailer; factual and objective.  As such, the District has charged Emeryville taxpayers for the cost to produce and mail the flyer.   If this mailer were produced as part of a campaign, the costs associated with it would have to be paid by private donations. 

The president of the School Board and the Superintendent of the Schools were invited to clarify or explain their statements in the mailer but they declined to.  The Tattler will report again on this story before the election and it is hoped the District will engage with the citizens on how they got this erroneous information of Measure K low Emery funding and no admin costs they sent out to voters last week.

Administration salaries went up disproportionally over teacher salaries after passage of the last
Measure K parcel tax despite claims to the contrary.
Source: Ca Dept of Ed