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21
SWORN COMPLAINT FORM (Form May Be Subject to Public Disclosure)* AS REQUiRED BY GOVERNMENT CODE SECTION 83115, please complete the form below to file a sworn complaint with the fair Political Practices Commission. Mail the complaint to: Enforcement Division fair Political Practices Commission 428 J Street, Suite 620 Sacramento, CA 95814 NOTE: The Fair Political Practices Commission does nat enforce or address violations of the Brown Act, tite content of campaign communications, residency requirements, the inappropriate use ofpubtic funds or resources (including use of uniforms or equtment), placement of campaign signs or materials on public property, or violation of a local campaign rule or campaign ordinance. Person Making Complaint Last Name: Short first Name: Ten Street Address: City: State: Telephone: fax: E-mail: *IMPORTANT NOTICE Under the California Public Records Act (Gov. Code Section 6250 and following), this sworn complaint and your identity as the complainant may be subject to public disclosure. Unless the Chief of Enforcement deems otherwise, within three business days of receiving your sworn complaint we will send a copy of it to the person(s) you allege violated the law. In some circumstances, the FPPC may claim your identity is confidential, and therefore not subject to disclosure. A court of law could ultimately make the determination of confidentiality. If you wish the FPPC to consider your identity confidential, do not file the complaint before you contact the fPPC to discuss the complaint at (916) 322-5660 or toll free at (866) 275-3772. / J;1/
Transcript
Page 1: Short Ten - TownNewsbloximages.newyork1.vip.townnews.com/montereycounty... · 2015-02-26 · But the only reported expenditures out of the PAC were for a lastminute negative campaign

SWORN COMPLAINT FORM(Form May Be Subject to Public Disclosure)*

AS REQUiRED BY GOVERNMENT CODE SECTION 83115, please complete the formbelow to file a sworn complaint with the fair Political Practices Commission.

Mail the complaint to: Enforcement Divisionfair Political Practices Commission428 J Street, Suite 620Sacramento, CA 95814

NOTE: The Fair Political Practices Commission does nat enforce or address violations ofthe BrownAct, tite content ofcampaign communications, residency requirements, the inappropriate use ofpubticfunds or resources (including use ofuniforms or equtment), placement ofcampaign signs ormaterials on public property, or violation ofa local campaign rule or campaign ordinance.

Person Making Complaint

Last Name: Short

first Name: Ten

Street Address:

City: State:

Telephone:

fax:

E-mail:

*IMPORTANT NOTICE

Under the California Public Records Act (Gov. Code Section 6250 and following), this sworncomplaint and your identity as the complainant may be subject to public disclosure. Unless theChief of Enforcement deems otherwise, within three business days of receiving your sworncomplaint we will send a copy of it to the person(s) you allege violated the law.

In some circumstances, the FPPC may claim your identity is confidential, and therefore not subjectto disclosure. A court of law could ultimately make the determination of confidentiality. If youwish the FPPC to consider your identity confidential, do not file the complaint before you contactthe fPPC to discuss the complaint at (916) 322-5660 or toll free at (866) 275-3772.

/ J;1/

Page 2: Short Ten - TownNewsbloximages.newyork1.vip.townnews.com/montereycounty... · 2015-02-26 · But the only reported expenditures out of the PAC were for a lastminute negative campaign

Person(s) Who Allegedly Violated the Political Reform Act: (If there are multiple parties involved,attach additional pages as necessary.)

Last Name: John

first Name: Phillips—

Committee Name: John Phillips for Monterey County District 2 Supervisor 2014(only fapplicable)

Street Address:

City: State: Zip:

Telephone: (

fax:

E-mail:

Describe, WIth as Much Particularity as Possible, the Facts Constituting the Alleged Violation(s)and How You Have Personal Knowledge that it Occurred.*

John Phillips, candidate for supervisor in District 2 Monterey County, appears to havefiled false information on his campaign disclosure reports as well as omitting requiredinformation. Mr. Phillips may have hidden the involvement of Christoper Marohn as avendor to his campaign in part to hide Mr. Marohn’s association with the Californiansfor Law and Order PAC campaign activities against Sheriff Scott Miller which aresubiect to scrutiny for potential ethics issues. John Phillips may have fraudulentlyreported payments to Megan Schaub, (Mr. Maron’s spouse) instead of the accuratepayee Mr. Marohn and possibly failed to report accrued expenses to Mr. Marohn forpayments to his sub-vendors who acted as campaign walkers and phone bankers.John Phillips may have failed to disclose these sub-vendors on his 460 either asaccrued expenses or payments. I am aware of this activity from personal textmessages and email correspondence I have had with Mr. Marohn and review of Mr.Phillips 460’s. I have included copies of the exchanges and attest to its authenticity.Additionally, I have included copies of news stories concerning these actions toprovide context for the evidence I am submitting.

*IMPORTANT! Attach copies of any available documentation that is evidence of theviolation, (for example, copies of checks, campaign materials, minutes of meetings, etc., ifapplicable to the complaint.) Note that a newspaper article is NOT considered evidence ofa violation.

Page 3: Short Ten - TownNewsbloximages.newyork1.vip.townnews.com/montereycounty... · 2015-02-26 · But the only reported expenditures out of the PAC were for a lastminute negative campaign

Provision(s)/Section(s) of the Political Reform Act Allegedly Violated and When the Violation(s)

Occurred: (If specific sections are not known, please provide a brief summary)

In violation of the Political Reform Act, Mr. Phillips appears to have falsely reportedpayments to vendor Christopher Marohn as instead being paid to Megan Schaub,possibly failed to disclose accrued expenses to vendor Mr. Marohn, and perhaps failedto disclose sub-vendors of Mr. Marohn who were paid more than $500.

###

Name and Addresses of Potential Witnesses, Other than Yourself, if Known:

Last Name:

First Name:

Street Address:

City:

_______________________________

State:

__________

Zip:

__________

Telephone:

Fax:

E-mail:

__________

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Last Name:

First Name:

Street Address:

City:

__________________________________________

State:

_____________

Zip:

____________

Telephone: C___)

_____-___________

Fax:

______ ______-____________

E-mail:

______________________________________________

###

Last Name:

First Name:

Street Address:

City:

____________________________________________

State:

______________

Zip:

_____________

Telephone:(______

______-____________

Fax: ()

_____-________

E-mail:

____________________________________________

I declare under penalty of perjury under the laws of the State of California that the foregoing istrue and correct.

_____________________________________

October 24, 2014(Signature) (Date)

Ten Short(Please Print Your Name)

rEiCar Page PnntPage

Page 5: Short Ten - TownNewsbloximages.newyork1.vip.townnews.com/montereycounty... · 2015-02-26 · But the only reported expenditures out of the PAC were for a lastminute negative campaign

10/24/2014 XFINITY Connect

XFINITY Connect freeforever44@comcastnet+ Font Size -

Fwd: Re: Payment by Judge Phillips

From : Christopher Marohn Tue, Sep 16, 2014 06:05 PM

Subject: Fwd: Re: Payment by Judge Philiis

To : Ten Short

This is what I sent today after I got her message.

Forwarded messageFrom: “Christopher Marohn” <Date: Sep 16, 2014 3:41 PMSubject: Re: Payment by Judge Phi UipsTo: “Plasha Will” >Cc:

I haven’t received anything.

On Sep 16, 2014 3:37 PM, “Plasha Will” wrote:Hi Chris,

Want to make sure you received the payment from Judge John Phillips as we got this message on our facebook stating that one ofyour workers had not been paid. Please let me know.

Plasha Fielding Will831-521-5840

POLITICALFRAME WORKS

htbxllweb.maiLcomcast.net/zimbra/h/printmessage?id51 3882&tz=AmericalLos_Angeles&xim=1 i/l

5 of

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0I24/2014 XFINITY Connect

XFINITY Connect [email protected]+ Font Size

Fwd:

From Christopher Marohn Tue, Sep 16, 2014 06:05 PM

Subiect rw:

To 2 Ten Short

This was sent to me from a phone Banker today.

Forwarded messageFrom: ‘Travis WooIem <Date: Sep 16, 2014 4:51 PMSubject:To: “Mahron”Cc:

Hey Chris I just received a message from Plasha Fielding Will saying that Chns Mahron consulting got paid in full and they are not surewhy workers have not been paid. I have no idea what is going on with all of this but I think it is a bunch of bs that I have to go out ofmy way to get paid after working for someone.

Sent from my iPhone

http/ebmaiLcomcastnetJzimbra/h/phntmessage?id=513881 &tz=AmericalLos_Angeles&xim=1 1)1

Page 7: Short Ten - TownNewsbloximages.newyork1.vip.townnews.com/montereycounty... · 2015-02-26 · But the only reported expenditures out of the PAC were for a lastminute negative campaign

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Page 8: Short Ten - TownNewsbloximages.newyork1.vip.townnews.com/montereycounty... · 2015-02-26 · But the only reported expenditures out of the PAC were for a lastminute negative campaign
Page 9: Short Ten - TownNewsbloximages.newyork1.vip.townnews.com/montereycounty... · 2015-02-26 · But the only reported expenditures out of the PAC were for a lastminute negative campaign

<Sulject: NoSubjeeP

Go to judge Phillips pageright now one of the phonebankers they screwedcommented on his photos.I would leak that to thepapers. Just saying

q

Page 10: Short Ten - TownNewsbloximages.newyork1.vip.townnews.com/montereycounty... · 2015-02-26 · But the only reported expenditures out of the PAC were for a lastminute negative campaign

L

Saw it. LOL!

Ifs been up for over aweek. CouldnTt believe it.

I Thanks.

<Subject: NoSubjecP

message

/t ô/

Page 11: Short Ten - TownNewsbloximages.newyork1.vip.townnews.com/montereycounty... · 2015-02-26 · But the only reported expenditures out of the PAC were for a lastminute negative campaign

I got a response fromplasha, She wanted to k ofwhy I havent cashed thecheck and paid them. I toldher I haven1t received thecheck

Just doing what I can, Justleak that to the press andI’ll come out of hiding andmake a comment

N Plasha emailed all theI phone bankers and toldthem she paid me and that

[11m holding out on them

i/ a

Page 12: Short Ten - TownNewsbloximages.newyork1.vip.townnews.com/montereycounty... · 2015-02-26 · But the only reported expenditures out of the PAC were for a lastminute negative campaign

Yes, please send it to meChris.

Just sent you her emailfrom today. My reply. Andwhat I got from a phone

I Banker that plasha told himthat she already paid me.

Keep my name as much asJj1ebutJjtndjf

iI

Make sure Jeff Mitchellbrings this up tomorrownight I can email you themessage from plasha andmy response If you wantevidence

LJ

/

Page 13: Short Ten - TownNewsbloximages.newyork1.vip.townnews.com/montereycounty... · 2015-02-26 · But the only reported expenditures out of the PAC were for a lastminute negative campaign

Thanks, I will try to keepyou out of it.

Did you send to

Forever email address

Keep my name as much aspossible but I understand ifyou have to use it.

/3 J-/

Page 14: Short Ten - TownNewsbloximages.newyork1.vip.townnews.com/montereycounty... · 2015-02-26 · But the only reported expenditures out of the PAC were for a lastminute negative campaign

I hardly ever use that one.

Sorry. That’s the first oneof have listed for you.

No worries, I1l wait for aletter for this stuff;)

[Got it, thanks.I

Hahaha. Indeed. I had tothreaten plasha with smallclaims before she wouldeven talk about payment

Page 15: Short Ten - TownNewsbloximages.newyork1.vip.townnews.com/montereycounty... · 2015-02-26 · But the only reported expenditures out of the PAC were for a lastminute negative campaign

lhardIy ever use that one.

Sorry. Thats the first one

L0f have lIsted for you.

No worries, I’ll wait for aletter for this stuff;)

N Hahaha. Indeed. Ihadtothreaten plasha with smallclaims before she wouldeven talk about payment

[tithanks.L

Page 16: Short Ten - TownNewsbloximages.newyork1.vip.townnews.com/montereycounty... · 2015-02-26 · But the only reported expenditures out of the PAC were for a lastminute negative campaign

Too bad you didn’t just fileit. Would have crushedthem.

You think so?

Oh yeah, I care about young(3I

people, but dont pay them.No integrity there.

Put them in jail, and now,nopay.Niceguy.

Nlndeed.eed.1

1’ £) M

I

Page 17: Short Ten - TownNewsbloximages.newyork1.vip.townnews.com/montereycounty... · 2015-02-26 · But the only reported expenditures out of the PAC were for a lastminute negative campaign

___

Yougotaminutei

Just got a check fromplasha it was short my feefor Phillips and all workdone for Sommers was notpaid

jWowK

/7

Indeed.

Page 18: Short Ten - TownNewsbloximages.newyork1.vip.townnews.com/montereycounty... · 2015-02-26 · But the only reported expenditures out of the PAC were for a lastminute negative campaign

Founder of controversial PAC resigned fromMonterey County Dems just before election

Shenff Scott MiNer (left) a ii candidate Steve Bernal

Posted 4 1 nths ago

0

Just about a week before the June 3 primary, Chris Marohn resigned from his post on theMonterey County Central Democratic CommIttee He also served on the executive committee assecretary.

Marohn helped create _lif rr av r d 0 dc r supporters say wasrjInac.eatdit irnjunfrnsaIjj tejJL between Andrew Liuand Steve Somers. But the only reported expenditures out of the PAC were for a lastminutenegative campaign against Shenff Scott Miller.

Campaign managers confirm ] o i fo i t[ m a i ur Lji,managing getoutthevote efforts Neither campaign was aware, Marohn has not responded to arequest for comment on workIng for opposing campaigns

Page 19: Short Ten - TownNewsbloximages.newyork1.vip.townnews.com/montereycounty... · 2015-02-26 · But the only reported expenditures out of the PAC were for a lastminute negative campaign

The Central Democratic Committee stayed out of the Liu/Somers race, between two Democrats,and was generally very quiet election. The committe&s only dorsements were for EdMitchell for county supervisor (Mitchell is a Central Committee member) and Luma SerranoWilliams for judge in a race against Heidi Whilden.

Fellow Democrats became concerned when Marohn starting working for Williams’ opponent,Whilden, who is also a Democrat.

What was more alarming to fellow party members was that he also had plans to work forRepublican Steve Bernal’s sheriff’s race, and members of the committee asked Marohn to resigneven before revelations of the PAC emerged.

Central Committee Chair Vinz Koller says he will look at committee member Omar Perez’relationship to the PAC; Perez’ name appeared on the PAC paperwork, though he told theWeekly he knew little about the group.

“There are two things we’ll look at: One is a conflictofinterest disclosure, which is that we ask allof our members to state who they work for or with,” Koller says.

“The other question is, if there’s work on another campaign—whether we knew about it or didn’t—is it work that is not within our guidelines?

“We have standards in place because voters don’t want dirty campaigning,” Koller adds. “I havenever found dirty campaigning to work. I think maybe it works in big races when you can spendmillions of dollars, I don’t think it works in local campaigns. That’s not the only reason to do it, butit’s one reason not to do it”

Miller received 41 percent of the vote, leading among the four candidates, but far short of the 50percent needed to win the election outright. He’ll go to a runoff in November against Bernal.

Marohn was expected to begin working on the Bernal campaign, after managing Mike Richards’campaign in the primary.

The Central Committee plans to vote on a replacement secretary when it next meets on June 24.A replacement to his elected seat for District 5 will be appointed.

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Page 20: Short Ten - TownNewsbloximages.newyork1.vip.townnews.com/montereycounty... · 2015-02-26 · But the only reported expenditures out of the PAC were for a lastminute negative campaign

Updated filing s ads light on PAC sm ring Miller

Allison Gatlin, The Salinas Californian 3’t.rn. PDT June 12, 2014

Updated campaign disclosure forms filed this week show a Holhster-based political action committee bent on

smearing Monterey County Sheriff Scott Miller received funding in March from a pool of local attorneys.

- Californians for Law and Order registered as a PAC in May, two months after receiving a combined $2750 from

the Monterey County Public Defenders Association and Don Landis Jr. assistant public defender.

The registration may have fallen outside legal bounds a PAC must register itself within 10 days of receiving

$1,000 in contributions — but thats not what has Landis so perturbed

Landis’ frustration is twofold

As the assistant public defender for Monterey County, Landis said Thursday he’s been “very scrupulous” in

separating his personal political interests and his office.

“I never held myself out as that (the assistant public defender) “ he said, I gave money as Don Landis, a

private citizen.’

Perhaps more disturbing was how the money was used.

When Landis gave $250 on March 10, he said he hoped it would help further develop the dialogue surrounding the judicial faceoff between Andrew Liu

and Steve Somers for Monterey County Superior Court Judge, Seat 3. Liu. who successfully beat out Somers for the seat, didn’t receive outgoing Judge

Russell Scott’s endorsement.

[The donation] was to provide a narrative to the judge’s race between Steve Somers and Andy Liu Landis said. “I supported Andy Liu personally but I

gave $250 to give a better narrative of the differences between Somers and Liu.”

And for two months. that’s what Landis said he thought was happening — a grassroots phone bank and precinct walking effort to reach out to voters on

the judge’s Seat 3 race.

By April, when Liu appeared to have a secure foothold in the race Landis said he gave iittle thought to the money and how it had been spent.

Days before the election he was shocked, dismayed and disgusted” when Californians for Law and Order released a four-page, glossy mailer titled

“Sordid Associatiors’ outlining Miller’s supposed connection through his son to Wesley Langkamp, a convicted criminal, and Alison Davi, an accused

thief.

Langkamp and Davi, at differing times allegedly lived or stayed at Jacob Miller’s apartment. Jacob Miller’s apartment is connected to his father’s Pacific

Grove residence. Langkamp, Davi and Jacob Miller each have had well-documented brushes with the law that include jail and prison time.

Miller didn’t return a call requesting comment Thursday.

Californians for Law and Order outlined that, and more, in the mailers, which cost the PAC just shy of $2,500, according to disclosure records filed May

23. The May disclosure also details $5,275 in expenditures up to that date for radio and cable advertisements and a website.

Where that money came from isn’t apparent and likely won’t be until June 30, when the next disclosure form is due.

The website, has since been deactivated.

Amber Johnson spokeswoman’ and Maria Cid, treasurer did rot respond to calls and emails for comment Thursday Megan Theard, who received $200

for consulting services provided to the PAC, also didn’t return a call for comment Thursday.

Founder denies knowledge of PAC doings

(Photo: Alf,son Gatiinffhe SalinasCalifornian)

%2 Ci.2/

Page 21: Short Ten - TownNewsbloximages.newyork1.vip.townnews.com/montereycounty... · 2015-02-26 · But the only reported expenditures out of the PAC were for a lastminute negative campaign

Lanr said he initially became aware of the PAC in March through Chris Marohn, a campaign consultant and a former member of the Monterey County

Democratic Central Committee Marohn ran M ‘Thchards’ campaign for sheriff through the June pt y when he was ousted.

On Thursday, Marohn said he founded the PAC in March to raise money for a few judicial races, but walked away in April. Per campaign law, he said he

couldn’t comment on which races the PAC was assisting. A PAC by definition raises money for multiple causes and candidates.

Marohn said he didn t know how Californians for Law and Order became focused on Miller

“I’m not involved,” he said. “I left in early April I don’t know the name of the person (who took over). I don’t know if it’s a Republican, don’t know who it

Richards, too, said Thursday he wasn’t involved with Californians for Law and Order and was unaware of who was behind it.

“I had nothing to do with the negative attack on Miller,” he said. “I went out of my way to run a clean campaign. I think I succeeded in that regard and the

voters appreciate that.”

He added, “It was my direction to anyone associated with my campaign to not go negative”

Marohn said that was part of what attracted him to working for Richards

I have no issue with any of the other candidates. I’ve had no negative personal interaction with any of the other three candidates for sheriff,” he said “We

did not sink to any low level (in our campaign) because Mike Richards is above that”

Landis said “it’s probably true” Marohn walked away in April.

Currently, Landis said he’s working to request the PAC file supplemental paperwork denoting his donation was made as a private citizen, not as the

‘Assist. Public Defender/Monterey Co Public Defender’s Office, which is how Californians for Law and Order has him listed.

More ties to Democratic Central Committee

Marohn isn’t the only one with ties to the Monterey County Democratic Central Committee and involvement with Californians for Law and Order. Omar

Perez, a District 1 member of the Central Committee, is listed in the May 23 filing as the PAC’s principal officer.

Initial reports also hinted a phone number listed by Californians for Law and Order may tie back to Daniel McCormick, a political campaign consultant

who, years ago, ran phone banking for the Central Committee.

On Thursday, Vinz Koller Central Committee chair, said the phone number listed for the PAC isn’t associated with the Central Committee. He was unsure

if the phone number listed by the PAC is one of McCormick’s

“We routinely have these cheap cell phones we buy minutes for that we use in campaigns ‘he said ‘But all of our phones are still in our office.”

He added the Central Committee didn t partake in any phone banking this election season.

McCormick, who told The Monterey County Weekly the phone number is one of his didn’t return a call from The Californian requesting comment

Thursday

He said the phone in question has been unaccounted for, for two months.

Koller said he would need to further investigate the PAC and Perez’s alleged involvement before taking any action.

Under the microscope will be whether Perez revealed any potential conflicts of interest and whether his alleged participation in the PAC violated the

Central Committee’s code of ethics, Koller said. Sanctions run the gamut all the way up to expulsion from the Central Committee, he said.

Referencing the PAC’s mailer. Koller said, “That’s exactly the kind of thing we run against. That’s the kind of politics that gives politics a bad name.”

Perez declined to comment to The Weekly on why his name was listed in paperwork filed by Californians for Law and Order He added he doesn’t know

much about the PAC and “I dor’t know anything about any of the hit pieces.”

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