Mayor Mourra is Guilty of Violating FPPC Regulations
Double Standard on Council FPPC Rules Called Into Question
After investigation as a result of a Tattler inquiry, Emeryville’s mayor has been found guilty of violating California Fair Political Practices Commission regulations, the FPPC recently announced. The investigation found Emeryville mayor David Mourra guilty of “violations” but they found the violations were “de minimus” and because the mayor had since corrected his violations, they would not take action against him. Earlier, the FPPC had also found Emeryville City Council member Kalimah Priforce guilty of violations that he (Priforce) had also corrected. Like Mayor Mourra, the FPPC dropped their investigation against Mr Priforce because he had also since corrected his violations.
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Emeryville Mayor David Mourra Guilty of violating FPPC regulations. |
Regardless of the guilty verdicts from the FPPC against Mr Mourra and Mr Priforce, the finding against Mr Priforce was cited as a reason to conduct an investigation of him by the City Council and ultimately to censure and sanction him for violations of Emeryville's Code of Ethics. The City Council was notably aware at the time of the censure and sanction against Councilman Priforce he had corrected his FPPC violations.
The letter about Mayor Mourra from the FPPC to the Tattler by James M Lindsay, the Chief Enforcement Officer for the State sanctioned agency, was unequivocal: Emeryville’s mayor is guilty of rules violations but because Mr Mourra had corrected his violations after the agency received a Tattler complaint that sparked their investigation, the FPPC would “not pursue an enforcement action in this matter”. Mayor Mourra for his part, diminished the FPPC letter the Tattler received and to which he was cc’ed, when he was asked to comment for the public’s benefit. He has made no statement on the matter since.
After Mayor Mourra failed to complete all his FPPC required filings, the Tattler filed a complaint with the agency resulting in a February story where it was reported he had an ongoing FPPC investigation against him. Council member Priforce's late filings on the other hand, were made public by Mr Priforce himself, it should be noted.
No City Council member has yet initiated an inquiry into Mayor Mourra’s FPPC violations, drawing questions about the propriety of the Council’s Priforce investigation and action. Because FPPC violations were used as the primary reason for the Priforce Council investigation and punishment, notably the same violations that the Mayor is guilty of, citizens would have a natural reason to inquire about the seeming double standard but the Tattler could not get a responce from any Council member, the City Manager or the City Attorney for this story.
Because a double standard with regard to FPPC violations by Council members would be unethical and possibly illegal , the Tattler will continue to investigate this story.
You already did this story. There's no new information here.
ReplyDeleteThe previous Tattler story reported that Mr Mourra was being investigated by the FPPC. They have found him guilty. This is the follow up to that story.
DeleteYou dingus. FPPC doesn’t find “guilt”. Risking a slander case claiming “guilt”.
DeleteFPPC is not a court, it’s an investigation and election administrative body. They find violations of statues and can fine registered campaigns for alleged violations, not people, for issues.
You can appeal, correct, pay the fine with no contest, etc. If you don’t or the action continues, as Prifore has done for what seems like years, then they, you, or a third party can take it to court where guilt can be found.
Your probe lead to a “de minimis“ finding which literally means trifling matters. It’s like if I was wrong on my taxes by claiming $2 extra on a charity donation, no court or other investigation unit would hear it because it’s literally not worth their time because it’s so stupid.
Your false equivalence to Priforce on-going actually egregious and continuing ethic issues is your entire point I guess.
Zac, the FPPC ruled “…there were technical violations found…”, the common parlance for that is ‘guilt’. They found guilt. The FPPC is not in the journalism business, the Tattler is.
DeleteI agree that late filing is trifling. Trifling if done by Mourra OR Priforce. And if you don’t like this story you can sue the Tattler anytime you want, you dingus.
When you first wrote this story, the FPPC said your complaint was rejected and you were sent a rejection letter. Is that what you are posting selective screenshots from?
ReplyDeleteThank you, Mayor Mourra, for responding but as a politician, you should use your name, not anonymous. As the screenshot shows, my complaint was 'rejected' because the Mayor had since corrected the violations. So by the time of the responce letter from the FPPC to me, there was no violation to report. Like your Council colleague Kalimah Priforce, you were in violation, you corrected the violations and then you were no longer in violation. But whereas you are seizing on the word 'rejection' to proclaim you innocence, we are focusing on the 'violations were found' part of the letter. Your claim negates the fact that you were in FPPC violation until shortly after our complaint against you when you quickly made good with your account.
DeleteThis is the first time I have posted this story. You may be referring to the story on this subject from February 4th when you were still being investigated by the FPPC.
The story is not that the mayor had violated the FPPC rules by filing late. That is common among Emeryville politicians historically. The story is that the mayor was late while he voted to censure and sanction his colleague for the same violation.
We always welcome elected officials to comment on Tattler stories and we welcome you to submit a full accounting of this for a separate Tattler story. This is a courtesy I have extended to every elected official in Emeryville. As I assured you verbally, I will post your letter without editing. I have not received anything from you. Please feel free to tell us your side of this story anytime.
Well done, Brian! Come on the show and talk about it!
ReplyDeleteYou can reach me at sophbeau@yahoo.com
DeleteThis is unacceptable. The FPCC is investigating Kalimah but looking the other way for Mourra. How can Kalimah win against such a corrupt agency? This corruption is shocking and should be investigated.
ReplyDeleteMourra's campaign committee was closed more than 2 years ago. Priforce still has not disclosed money he has taken or spent running failed candidates last election. How are these similar?
ReplyDeleteA news site interested in using journalism to inform the public could go with what an anonymous internet commenter says or what the Fair Political Practice Commission says. Consider the Tattler a journalistic site interested in the latter. Call us crazy, but we’re going with what the FPPC says, not what you say, Mr Anon. If you would use your real name, we might be interested in talking with you.
DeleteThe FPPC says Emeryville’s mayor David Mourra is guilty of rules violations and that’s what we’re going with here at the Tattler. If you want to present what the Republican Party calls ‘alternative facts’, please consider joining with the Mayor to start your own new Emeryville ‘news’ site. There you can report how the FPPC is fake news all you want.
Oof. The false equivalence stretches the imagination. This website has lost whatever credibility it used to have.
ReplyDeleteNo need to introduce “double standard” as a possibility. Just get facts on both men’s actions and let them speak to the public.
ReplyDeleteIt's true the double standard charge may wind up being overwrought. There is still time for the Council to investigate Mr Mourra like they did Mr Priforce. I used the term 'double standard' because I notified the Council about this weeks ago but they have so far failed to take action. They may yet do the right thing by the people of Emeryville on this matter. Thanks for the comment.
DeleteThe FPPC letter clearly does not say what you claim it does. This post is just lying.
ReplyDeleteIt's right there, copied and pasted at the bottom of the story. The FPPC used the word "violations". There is no lying because the Tattler is just the messenger on that score. We are providing to the public the actual letter we received from the FPPC. Usually, when people say other people are lying, there's not direct proof right before their eyes and for everyone else to see. But by all means, you do you. All comments are welcome at the Tattler, friend (except advertising, hate speech and personal attacks against anybody other than the editor).
DeleteThis story has really brought out the pro-mayor trolls. They don't seem to know how to criticize the story though. You're got them flustered. Many people nowadays just take sides and they stop listening as they promote their side. I for one, thank you for this story. Its important to know how our Emeryville government works or doesn't work.
ReplyDeleteGreat job, Brian!!
ReplyDeletePlease report what happens with this.
ReplyDelete