State election regulators on Tuesday dismissed a complaint filed against Chula Vista Councilmember John McCann that alleged the mayoral candidate had violated campaign disclosure provisions.
The California Fair Political Practices Commission ruled that McCann’s campaign correctly reported expenses for a hired private investigator.
“After review of the complaint, the Enforcement Division will not pursue an enforcement action in this matter,” read a letter signed by Angela Brereton, chief of the Commission’s Enforcement Division, to Jose Cerda, who submitted the complaint.
Cerda, a local real estate agent, filed the complaint Oct. 3 with Chula Vista City Clerk Kerry Bigelow and the FPPC. He claimed that McCann accepted “an illegal and excessive in-kind contribution in the form of deeply discounted personal services” from a private investigator tasked with surveilling his challenger, Ammar Campa-Najjar. McCann alleges Camp-Najjar does not live in Chula Vista.
On Sept. 29, McCann’s campaign reported a $1,000 payment to private investigator Lawrence Hamilton, who runs The Special Investigations Unit, for “opposition research.” Cerda claimed that “(g)iven the time-intensive nature of (Hamilton’s) work, and Mr. Hamilton’s credentials, the fair market value of SIU’s services had to exceed $1,000.”
McCann, who called the complaint “frivolous,” said he did not receive a discount and that the initial filing was only an estimate prior to receiving an invoice. The private investigator said last week the surveillance work was “performed in a very cost-effective manner,” adding that no discount was provided.
The filing was amended after Hamilton submitted an invoice, reflecting a total of $2,669 for Hamilton’s services.
“(McCann’s) committee then immediately, and before this complaint was filed, amended the applicable campaign statement when the invoice was received, following FPPC guidance for accrued expenses,” the FPPC said.
State law says that campaigns that receive discounted goods or services must report the discount as a nonmonetary contribution if the discount is not offered to the public in the regular course of business. The law also states that if the exact amount of debt is unknown, the finance report shall provide an estimate. Once the exact amount is determined, the committee shall amend it.
Attorney Roger Geddes, acting as the city’s special counsel, said Tuesday he is still reviewing the complaint. He received the complaint on Oct. 5 and has 30 days thereafter to determine probable cause.
