HomeMy WebLinkAbout2018_10_17 Written Communication by Bud McLeroy for David ProvencherKerry K.Bigelow
Chula Vista City Clerk
276 Fourth Avenue,Bldg.A
Chula Vista,California 91910
RECEIVED
CHULA VISTA CITY CL~RK
1018 OCT -q p.3:43
Re:Alleged Violations of Chapter 2.52 of the Municipal Code (Campaign Contributions)
Dear Ms.Bigelow:
This is my second complaint filed in regard to the same violations and now new violations have become
evident.
Per the following Chula Vista Municipal Code I shall be notified in writing if no probable cause is
determined to exist,however is there is probable cause the enforcement authority shall make a decision
within 30 days.I was never notified in writing stating there was no probable cause and to my
knowledge,the enforcement authority failed to act within the 30 day time requirement.
2.52.140 (F)The City Clerk shall forward the complaint to the enforcement authority within 5
working days of receipt for a probable cause determination.If no probable cause is determined
to exist,the complaint shall be dismissed summarily and interested parties shall be notified of
the dismissal in writing.The enforcement authority shall make a probable cause determination
within 30 calendar days of receiving the complaint.
Please investigate the new alleged violations of Chapter 2.52 of the Chula Vista Municipal Code by Mark
Bartlett discussed in this letter.Mark Bartlett is the Controlling Candidate of the "Bartlett for Chula Vista
City Council 2018"Committee (the "Committee"),Additionally,please provide me with a response to
the first notice of violations that I filed with you In March 2018.
If you agree with me that these alleged these violations are apparent on the face of publicly available
documents,then please forward this complaint to the Chula Vista "EnforcementAuthority"within five
working days of receipt for a probable cause determination.
Relevant Sections of the Chula Vista Municipal Code
2.52.040 (A)No person other than a candidate,shall make a contribution In excess of$330.00 to
a candidate for a single election contest.No candidate shall solicit or accept a contribution In
excess of $330.00 from a person for a single election contest.A candidate may receive up to
$330.00 from a person In each of the general and special elections.
2.52.040 No Organization shall make a contribution to any candidate or candidate-controlled
campaign committee ...(J)"Organization"includes a political action committee ...)
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2.52.040 (F)A contribution for an election may be accepted by a candidate after the date of the
election only to the extent that the contribution does not exceed net debts outstanding from the
election,and the contribution does not otherwise exceed the applicable contribution limit for
that election.
2.52.040 (6)A candidate may not solicit or accept contributions for a special election prior to the
holding of the general election for that office.
2.52.100 Any candidate making a written solicitation for a contribution for his or her campaign
for City elective office shall include the following written notice in no less than six~point type on
each such solicitation:"NOTICE The City of Chula Vista Municipal Code limits contributions to
campaigns for City elective office to three hundred thirty dollars per person."
2.52.040 (C).No organization shall make a contribution to any candidate or candidate-
controlled campaign committee ......If the contribution is deemed made by an organization,it is
prohibited
2.52.030 (J)."Organization"means a proprietorship,labor union,firm,partnership,joint venture,
syndicate,business,trust,company,corporation,association,or committee,including a political
action committee ....
2.52.140 (E)Complaints of violations of this chapter shall be:in writing;sworn under penalty of
perjury by the complainant,who shall be a resident of the City;accompanied by proof that the
complainant is a resident of the City;and submitted to the City Clerk.The complaint shall state
a full recitation of all facts that are alleged to constitute a violation of this chapter.If a
complaint does not comply with these requirements,the City Clerk shall return the complaint to
the complainant,with an explanation as to why it is insufficient for filing.
2.52.140 (6)If probable cause is determined to exist,the enforcement authority shall notify the
City Attorney.lf the enforcement authority determines that probable cause exists to find that
there was a knowing or willful violation of this chapter,the City Attorney shall forward the
complaint to the District Attorney for further handling.If the enforcement authority determines
that probable cause exists to find that there was a negligent violation of this chapter,the City
Attorney shall forward the complaint to the special counsel who is next in the rotation of panel
counsel to act as the enforcement authority and take further investigatory and procedural steps
necessary to resolve the matter.
2.52.150 (A)Any person who knowingly or willfully violates any provision of this chapter;who
knowingly or willfully causes,solicits,advises,or participates with any other person to violate
any provision of this chapter;or who knowingly or willfully aids and abets any other person in
the violation of this chapter shall be guilty of a misdemeanor.
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2.52.150 (8)(1)Any person who negligently violates any provision of this chapter shall be liable in
a civil or administrative action brought by the enforcement authority for an amount not more
than $500.00 per violation,and shall be required to correct the violation.
2.52.150 (8)(2).Any person who intentionally violates any provision of this chapter,causes any
other person to violate any provision of this chapter,or intentionally files a false complaint under
this chapter shall be liable in a civil administrative action brought by the enforcement authority
for a maximum of $1,000 per violation,or per false complaint filed.
Note re Identifications of Elections
The Committee'From 460 report appears to designate contributions for the June 2018 general election
as "P2018"and contributions to the November 2018 special election as "G2018".
Note re Mark Bartlett's Intent
It is impossible to determine,on the face of the documents,whether Mark Bartlett acted negligently or
intentionally,in these matters.Therefore,we encourage the Enforcement Authority to thoroughly
investigate this matter..
Note re Evidence of the Violations
Except where noted,each violation appears on the face of Bartlett's 2018 Mid-year Form 460 Report
(1/1-6/30/18)found at https://public.netfile,com/Pub2/AIiFilingsByFiler.aspx?id=165798414
Please Investigate·the Following Alleged Violations of the Chula Vista Municipal Code
Violation #1
On 6/5/18,Mark Bartlett violated CVMC 2.52.040 (C)by soliciting and/or accepting a $330 contribution
from the Bonta For Assembly 2018 Committee (10 #1392389).
Violation #2
On 6/5/18 Mark Bartlett violated CVMC 2.52.040 (F)by soliCiting and/or accepting a $330 contribution
from the Bonta For Assembly 2018 Committee after the general election was concluded and there were
no net debts for the committee related to the general election.
Violation #3
On 1/14/18,Mark Bartlett violated CVMC 2.52.040 (A)by soliciting and/or accepting a $330 contribution
for the June 2018 general election in excess of $330 from Rosario Dawson;
or
if the excess amount was solicited and/or accepted for the November 2018 special election,then Mark
Bartlett violated CVMC 2.52.040 (G)because.the general election had not been held yet.
Violation #4
On 5/14/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $100 contribution
from Sadiri Academia for the June 2018 general election after the general election was concluded and
there were no net debts for the committee related to the general election.
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Violation #5
On 3/7/18,Mark Bartlett violated CVMC 2.52.040 (G)by soliciting and/or accepting a $100 contribution
from Harold Weisbecker for the November 2018 special election before the special election was called
on April 10,2018.
Violation #6
On 4/24/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $27 contribution
from Isabel Vasquez for the June 2018 general election after the general election was concluded and
there were no net debts for the committee related to the general election;
Violation #7
On 6/5/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $20 contribution
from Eddie Directo for the June 2018 general election after the general election was concluded and
there were no net debts for the committee related to the general election.
Violation #8
On 5/18/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $20 contribution
from Kimberly Garnier for the June 2018 general election after the general election was concluded and
there were no net debts for the committee related to the general election.
Violation #9
On 6/2/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $20 contribution
from Nora Vargas for the June 2018 general election after the general election was concluded and there
were no net debts for the committee related to the general election.
Violation #10
On 5/18/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $330 contribution
from Carmen Olaes for the June 2018 general election after the general election was concluded and
there were no net debts for the committee related to the general election.
Violation #11
On 5/5/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $20 contribution
from Eddie Directo for the June 2018 general election after the general election was concluded and
there were no net debts for the committee related to the general election.
Violation #12
On 5/22/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $50 contribution
from Robert Godinez for the June 2018 general election after the general election was concluded and
there were no net debts for the committee related to the general election;
Violation #13
On 5/22/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $330 contribution
from Genevieve Jones-Wright for the June 2018 general election after the general election was
concluded and there were no net debts for the committee related to the general election.
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Violation #14
On 6/3/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $100 contribution
from Louis Roybal for the June 2018 general election after the general election was concluded and there
were no net debts for the committee related to the general election;
Violation #15
On 4/1/18,Mark Bartlett violated CVMC 2.52.040 (A)by soliciting and/or accepting a $20 contribution
for the June 2018 general election in excess of $330 from Elizabeth Perez;
or
if the excess amount was solicited and/or accepted for the November 2018 special election,then Mark
Bartlett violated CVMC 2.52.040 (G)because the general election has not been held yet.
Violation #16
On 4/20/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting an $80 contribution
from Merlin Bartlett for the June 2018 general election after·the general election was concluded and
there were no net debts for the committee related to the general election.
Violation #17
On 5/1/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $15 contribution
from Isabel Vasquez for the June 2018 general election after the general election was concluded and
there were no net debts for the committee related to the general election.
Violation #18
On 4/11/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $100 contribution
from Kevin Beiser for the June 2018 general election after the general election was concluded and there
were no net debts for the committee related to the general election.
Violation #19
On 3/31/18,Mark Bartlett violated CVMC 2.52.040 (A)by soliciting and/or accepting a $330 contribution
for the June 2018 general election in excess of $330 from Anthony Olaes;
or
if the excess amount was solicited and/or accepted for the Novemb~r 2018 special election,then Mark
Bartlett violated CVMC 2.52.040 (G)because the general election had not been held yet.
Violation #20
On 5/9/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $330 contribution
from Carmen Olaes for the June 2018 general election after the general election was concluded and
there were no net debts for the committee related to the general election;
Violation #21
On 4/1/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $20 contribution
from Elizabeth Perez for the June 2018 general election after the general election concluded and there
were no net debts for the committee related to the general election.
Violation #22
On 4/27/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $330 contribution
from Gustavo Padilla for the June 2018 general election after the general election concluded and there
were no net debts for the committee related to the general election.
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Violation #23
On 5/16/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $330 contribution
from Cherry Reyes Magpusao for the June 2018 general election after the general election concluded
and there were no net debts for the committee related to the general election.
Violation #24
On 5/18/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $60 contribution
from Maria Bartlett for the June 2018 general election after the general election concluded and there
were no net debts for the committee related to the general election.
Violation #25
On 4/21/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $100 contribution
from Alma Borja for the June 2018 general election after the general election concluded and there were
no net debts for the committee related to the general election.
Violation #26
On 5/25/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $154 contribution
from Isabel Vasquez for the June 2018 general election after the general election concluded and there
were no net debts for the committee related to the general election.
Violation #27
On 3/23/18,Mark Bartlett violated CVMC 2.52.040 (G)by soliciting and/or accepting a $200 contribution
from Pierre Beauregard for the November 2018 special election before this election had been held.
Violation #28
On 4/18/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $100 contribution
from Alexander Hajime Birnbaum for the June 2018 general election after the general election was
concluded and there were no net debts for the committee related to the general election;
Violation #29
On 3/30/18,Mark Bartlett violated CVMC 2.52.040 (G)by soliciting and/or accepting a $20 contribution
From Anne Hurtado for the November 2018 special election before this election was held.
Violation #30
On 5/8/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $100 contribution
from Yokotobi Fusako for the June 2018 general election after the general election concluded and there
were no net debts for the committee related to the general election.
Violation #31
On 5/8/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $27 contribution
from Laura Kohl for the June 2018 general election after the general election was concluded and there
w~re no net debts for the committee related to the general election.
Violation #32
On 5/9/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $50 contribution
from Le Bach Pham for the June 2018 general election after the general election was concluded and
there were no net debts for the committee related to the general election.
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Violation #33
On 4/20/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $100 contribution
from Vanessa Lhotsky for the June 2018 general election after the general election was concluded and
there were no net debts for the committee related to the general election.
Violation #34
On 4/21/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $100 contribution
from Mario Farrales for the June 2018 general election after the general election was concluded and
there were no net debts for the committee related to the general election.
Violation #35
On 3/30/18,Mark Bartlett violated CVMC 2.52.040 (G)by soliciting and/or accepting a
$150 contribution for the November 2018 special election before this election was held.
Violation #36
On 5/4/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $50 contribution
from Beatriz Palmer for the June 2018 general election after the general election was concluded and
there were no net debts for the committee related to the general election.
Violation #37
On 6/5/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $50 contribution
from Edward Carpio for the June 2018 general election after the general election was concluded and
there were no net debts for the committee related to the general election.
Violation #38
On 5/11/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $15 contribution
from James Moffat for the June 2018 general election after the general election was concluded and
there were no net debts for the committee related to the general election.
Violation #39
On 4/1$/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $250 contribution
from Merlin Barlett for the June 2018 general election after the general election was concluded and
there were no net debts for the committee related to the general election.
Violation #40
On 5/18/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $50 contribution
from Shane Parmely for the June 2018 general election after the general election was concluded and
there were no net debts for the committee related to the general election.
Violation #41
On 4/17/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $27 contribution
from Isabel Vasquez for the June 2018 general election after the general election was concluded and
there were no net debts for the committee related to the general election.
Violation #42
On 5/8/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $100 contribution
from Luis Osuna forthe June 2018 general election after the general election was concluded and there
were no net debts for the committee related to the general election.
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Violation #43
On 6/3/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $200 contribution
from Frank Ainsworth for the June 2018 general election after the general election was concluded and
there were no net debts for the committee related to the general election.
Violation #44
On 5/10/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $25 contribution
from Eric Dean for the June 2018 general election after the general election was concluded and there
were no net debts for the committee related to the general election.
Violation #45
On 5/3/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $50 contribution
from Mark West for the June 2018 general election after the general election was concluded and there
were no net debts for the committee related to the general election.
Violation #46
On 5/3/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $50 contribution
from Mark West for the June 2018 general election after the general election was concluded and there
were no net debts for the committee related to the general election.
Violation #47
On 6/5/18,Mark Bartlett violated CVMC 2.52.040 (F)by soliciting and/or accepting a $80 contribution
from Mark West for the June 2018 general election after the general election was concluded and there
were no net debts for the committee related to the general election.
Violation #48
Please investigate to determine if Mark Bartlett violated CVMC 2.52.100 by soliciting and/or accepting
contributions through the Committee's website (www.markabartlett.com)without the full disclaimer
required by CVMC 2.52.100.Please determine if the "excess"contributions cited above were solicited
without this disclaimer.
Violation #49
The Bartlett Committee's website (www.markabartlett.com)states ..PaidforbyActBlue(actblue.com)
and not authorized by any candidate or candidate's committee."Please investigate to confirm if Act Blue
is a Massachusetts corporation.Please determine if Act Blue paid for the website,or web hosting,and
therefore Act Blue made an illegal organization contribution to the Committee.If so,please determine if
Mark Bartlett violated CVMC 2.52.150 (A)by soliciting or accepting this illegal organization contribution.
Re the Complainant
October !!tJ 2018
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