o@e offs ofthe City Clerk anor 3300 Capitol Avenue, PO. Box S006, Fremont, CA 94537-5006 FLEMON | sieeeitosope siozst seo1yeswmctemongee October 6, 2016 Vinnie Bacon 4388 Lorren Drive Fremont, CA 94536 Re: Campaign Statement Dear Mr. Bacon: On October 3, 2016, you submitted your Recipient Committee Campaign Statement covering the period from July 1, 2016 through September 24, 2016. Your statement indicates that you made a loan to “Cullen Tiernan for Fremont City Council 2016” in the amount of $2,000 on ‘September 19, 2016. This loan amount exceeds the current campaign contribution limitation of $600 that may be made to any candidate. [FMC § 2.30.030(a) and (d).] The City’s Campaign Contribution Limitations in Municipal Blections ordinance [Fremont Municipal Code (FMC) Chapter 2.30] specifically provides that loans are subject to the contribution limitations [FMC § Section 2.30.060(b)] and Government Code Section 84216 provides that a private loan considered to be a “contribution”. The loan is also required to be documented in a written agreement that is filed with the campaign statement when the loan is first reported. Mr. Tiernan’s campaign statement also indicates that you made a $600 contribution to his campaign on September 6, 2016. Because we presume that you control the “Vinnie Bacon for Fremont City Council 2016” recipient committee, the City’s ordinance provides that the loan amount is aggregated with the contribution and the two are considered to be one person for determining the amount of the campaign contribution. [FMC § 2,30,050(a),] Therefore, the total permissible amount for both the loan and the contribution is a total of $600. By separate letter, I have notified Mr. Tiernan that the City’s ordinance requires excessive campaign contributions to be returned within 48 hours of notification by the City Clerk. [FMC § 2.30,090.] If the excess is not returned within 48 hours, the recipient shall promptly transmit the excess amount to the City Clerk for deposit in the City’s general fund. [Ibid] 1 also note that there is missing information on your statement regarding several of the individual contributions that you have received. FMC Section 2.30.080 provides that the identification of contributors is required whenever the cumulative contributions from a single source total $100 or more during an election period. Government Code Section 84211 requires that the campaign statement also include the contributor’s street address, occupation and employer's name. There are several entries on your campaign statement regarding contributors without the inclusion of their street address, occupation or employer’s name.The City’s campaign contribution ordinance provides both civil and criminal remedies, for violation of the ordinance. [FMC § 2.30.120.] Criminal penalties include a misdemeanor conviction and civil penalties can be up to three times the amount of the unlawful contribution ‘These remedies may be invoked by the district attorney or by any person residing within the City Please correct the violation by requesting a return of the excess contribution amount of $2000 within 48 hours of the date of this letter and providing notice to the City Clerk of this action. Please also provide the additional contributor information to the City Clerk in an amended statement as soon as possible, Tappreciate your prompt attention to these matters and trust that they will be resolved quickly. Note that the City may refer this matter to the Alameda County District Attorney if the matter is not resolved in a satisfactory and expedient manner, Sincerely, ‘Susan Gauthier City Clerk