FPPC fines IID $2K over mailings
The Imperial Irrigation District has agreed to pay the Fair Political Practices Commission $2,000 as a result of a mass-mailing violation the district self-reported last October.
The issue arose last September when IID in its monthly newsletter Circuit promoted a series of town hall meetings across the valley.
The notice included a photograph of Division 1 Director Juanita Salas, who hosted the town halls. That is a violation of FPPC guidelines.
“IID erred in publishing the photograph of Director Juanita Salas in its September 2017 Circuit newsletter that promoted town hall meetings held the following month in El Centro, Brawley, and Westmorland. In doing so, the district violated certain mass-mailing guidelines of the Political Reform Act. On Oct. 4, IID General Counsel Frank Oswalt recommended to the board that IID self-report this violation to the Fair Political Practices Commission,” said IID general manager Kevin Kelley in a statement.
“IID has cooperated with the FPPC during its investigation and has agreed to pay the $2,000 administrative penalty. In addition, IID has reviewed its internal policies to ensure its customer newsletter complies with all mass-mailing guidelines.”
In the decision, which the FPPC made public on Monday, the commission states that the 152,000 mailers produced at the public’s expense were in violation of Government Code section 89001. The single violation has a maximum administrative penalty of $5,000, but the commission recommended only a $2,000 fine, as the violations in the case were self-reported.
“As with the comparable cases, there is no evidence here of deliberate conduct. The District cooperated with the investigation, has no prior history with the Enforcement Division. For the foregoing reasons, a penalty in the amount of $2,000 is recommended,” the FPPC document states.
Last fall when the IID first alerted the commission about the violation, IID said they believed it was done inadvertently because staff preparing the newsletter was unaware of mass-mailing restrictions prohibiting photos of elected officials. FPPC reached the same conclusion during its investigation.
“No evidence indicated an intent to deceive the voting public. And the evidence suggests that the violations were inadvertent — the newsletter was prepared by district staff who were unaware of the restrictions regarding elected officers and mass mailings,” the FPPC findings document said. “The evidence does not show a pattern of violations, and the district does not have a prior record of violations of the act.”
An FPPC spokesperson previously told the Imperial Valley Press in October that when an entity self-reports an issue FPPC enforcement generally considers that action a mitigating factor in assessing penalties if a violation is found to have occurred.