a&. | office ofthe City Clerk cinror 3300 Capitol Avenue, BO, Box5006, Fremont, CA 94537-5006 FLeMONt | steaseiocope siocni sen ex] wontemontgn October 6, 2016 Cullen Tiernan, 4875 Central Avenue, #110 Fremont, CA 94536 Re: Campaign Statement Dear Mr. Tiernan: On September 29, 2016, you submitted your Recipient Committee Campaign Statement covering the period from July 1, 2016 through September 24, 2016. A review of the statement has identified several items which are not in compliance with the City’s Campaign Contribution Limitations in Municipal Elections ordinance [Fremont Municipal Code (FMC) Chapter 2.30] and state law. The violations are detailed below. 1. Loan from Vinnie Bacon for Fremont City Council 2016. Your statement indicates that you received a loan from the “Vinnie Bacon for Fremont City Council 2016” committee in the amount of $2,000 on September 19, 2016. This loan amount exceeds the current campaign contribution limitation of $600 that may be received from any single source. [FMC § 2.30.030(a) and (4).] The ordinance 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 is 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. 2. Contribution from Vinnie Bacon. Your statement also indicates that you received a contribution of $600 from Vinnie Bacon on September 6, 2016. Because Mr. Bacon presumably controls 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 2 total of $600.00. 3. Identification of Contributors. FMC Section 2.30.080 provides that the identification of contributors is required whenever the cumulative contcibutions 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 ordinance provides that excessive campaign contributions must 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 prompily transmit the excess amount to the City Clerk for deposit in the City’s general fund. [Tbid.] The City’s campaign contribution ordinance also 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 violations in your campaign statement by returning the excess contribution amount of $2,000 within 48 hours of the date of this letter and providing notice 10 the City Clerk of this action. If you do not return the excess contribution within 48 hours, please submit a check payable to the City of Fremont in the amount of $2,000 on Monday, October 10, 2016. Please also provide the additional contributor information to the City Clerk in an amended statement as soon as possible. L appreciate 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