Mayor fined by California Fair Political Practices Commission
by TP staff
Feb 13, 2014 | 7012 views | 18 18 comments | 44 44 recommendations | email to a friend | print
The California Fair Political Practices Commission fined Mayor Brent Ives $200 on Jan. 16 for failing to report his investment in the company he founded, BHI Management Consulting.

In California, elected officials and government employees are required to disclose any enterprises in which they have investments that do business with government entities. This is reported using a Form 700 Conflict of Interest statement.

The commission found that Ives had failed to complete his Form 700 and disclose all of his economic interests and levied the $200 fine.

Ives, reached for comment Thursday, said the issue was a result of information he was given by the FPPC. 

"They said as long as your business doesn't have any income in your jurisdiction, you don't have to list it," Ives said.

Ives said after he filed his Form 700, the FPPC informed him that he did still have to list the business but just did not have any income associated with it.

He said he corrected the forms and was willing to prove to anyone who asks that there is no conflict of interest with his business and the city.

"I'd be glad to show anyone my receipts that I don't make any income off that business in Tracy," Ives said.

• Contact the Tracy Press at 835-3030 or tpnews@tracypress.com.

 
Comments
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rosa62
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February 15, 2014
My husband and I had dinner with some friends this evening. One of our friends said they assumed Ives must have had Churchill fill out the Form 700 Conflict of Interest document for him.

That was why Ives' didn't list his business interest. Churchill must have forgotten to write it in, just like he forgot to pay back the city when he used the city credit card for his own personal purchases.

Both seem to be forgetting alot these days.
Ornley_Gumfudgen
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February 16, 2014
If he did an Churchill signed it that would be against th law an th mayor would still be responsible fer it. If he did an signed it himself, he's still responsible fer it.

In either case th problem is a non-problem because it's a well known established an reported fact that he had that affiliation an he was properly fined fer it.

Not much different than breakin th speed limit gettin fined fer it, payin higher points on yer insurance an still bein licensed ta drive yer car, unless it's proven in court ya shouldn't have that license.

More importantly, how much time an effort must we devoted ta somethang this unimportant?

But it does make political hay don't it?
behonestguys
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February 17, 2014
Ornley, going over the speed limit is typically an infraction as you will recall. A Form 700 is signed under penalty of perjury. Perjury is a felony under California Penal Code Section 118. And as a felony, it is punishable by 2-4 years in state prison under Penal Code Section 126. Oh, and by the way, Brent should know better. He got jammed up by the FPPC in 2009 for similar lapses, and as a consultant for governmental entities, which is what BHI does. And he's been in govt. for 20 years. Kind of hrs for Mr. Ives to play stupid on this one.
rosa62
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February 18, 2014
Do you understand sarcasm Mr. Gumfudgen? Or are you so wrapped up in protecting the Mayor and Churchill that you have lost your sense of humor.

108MW
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February 18, 2014
Rosa 62. In some kind of capacity "Fudge" works for the government. He chronically supports the big guys. It's painfully obvious.
108MW
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February 18, 2014
"Selective Memory Loss". Seems to be infectious among Tracy politicians. Well, most politicians for that matter. What a great scheme that one is.
rosa62
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February 13, 2014
Actually, I have to agree with Ornley on this one. Being an elected official and failing to list his interest in a business that works with local governments isn't that big of a deal. It may very well have been an oversight.

After all, "It's not like he repeatedly used the City Credit card to run up personal charges then tried to hide it from the City Council and the public."

Now that would be a major issue compared to the Mayor's mistake.
newtotracy
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February 13, 2014
I do agree that it's no big deal...but an awful lot of these type of things are starting to come out.

if this all continues...I'm a little scared for what sort of things have been going on in our little burg.

and yes...Leon's little faux pas (all of them!) is much bigger. out here in the REAL world, people get fired on the first instance of THEFT (which is what it is...even if paid back). Not a warning...fired. Certainly not a second warning and light punishment.

bobrod
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February 15, 2014
As misconduct in government rears it's ugly head, we can all change it. It is OUR responsibility to call public employees out when they make "Mistakes". There is a growing feeling of no confidence concerning our city government, and we should all make it a point of voting the narcissistic element out. Ya the Mayor is leaving, but so what! He is no different than you or I. It's obvious the current administration feels there are "Special rules for special people", and that needs to be CHANGED. Do the right thing when you go to the voting booth, and remove that cancer from government. No one in this town is better than anyone else. We are all citizens of the US, we all live, die and pay taxes, and we all can see whats going on. It needs to change and it's all up to US :)
Ornley_Gumfudgen
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February 16, 2014
newtotracy

Are more an more of these thangs really happenin?

First of all ya need ta consider that th reason it may appear that more of these thangs are really happenin is that it's easier fer ya ta hear about em.

Th second thang ta consider is th per capita occurrence of such thangs. Th population grows so it's natural ta assume th problems that population has is gonna grown correspontinly.

But are they growin per capita of th population. Ya rarely hear reports made that way now do ya?

Quick, right off th top of yer head, answer an then find th correct answer ta th followin questions.

Don't look fer th answer until after ya have answered it. That's cheatin. :)

Crime related ta th illegal usage of guns per capita of our population. Up or down as compared ta 15 years ago.

Same basic question fer accidental or criminal death involvin guns an no fair countin th death of th criminal that gets himself killed while usin a gun ta commit a crime. Those guys are thair own victims and I don't look at em th same way I do an innocent person.

Now answer th same type of question involvin DUI's, those caused death of innocents an compare it ta DUI stops, arrests an successful prosecutions.

Th point is we rarely look at such thangs on th whole but generally only look at thangs based on our narrow perspective of them.

What may seem ta be gettin worse may in fact, if ya look fer it, actually be gettin better.

Thair are a lot of thangs I don't like an thangs I thank are gettin worse, but I evaluate them before I say they are actually worse.

Frum my perspective it seems that because of thangs like th Internet that technology makes us more aware of problems everywhere but that don't equate ta those problems occurring with more and more frequency when ya consider th population as a whole.
108MW
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February 18, 2014
If we cannot trust them on these minutia of details, we cannot trust that they are scrupulous in the larger dealings. Trust is quickly fading for these two.
mdsmith17
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February 13, 2014
And let the conspiracy theories begin!

To answer the one question, yes the 700 forms are signed under penalty of perjury. No the FPPC does not prosecute criminal cases, they are a regulatory agency. If the FPPC found something they felt was a crime worthy of prosecution they would have to work with the local District Attorney or the Attorney General to do so. Clearly they did not do so in the case and only levied a small fine for what is clearly a technical mistake. Who in the heck would he have been trying to conceal this from since it was his own business? Basically it's a no harm no foul type of violation which is the reason for the small fine.

Now for the perjury issues. Perjury what is called a specific intent crime. So when it comes to signing a document like this, in order for there to be a prosecution the District Attorney would have to prove that the form was intentionally falsified and that the Mayor knew at the time he signed it that the document was false and that there was an intent to defraud. Clearly you don't have that here.

It would be like lying about your weight on your drivers lic. Technically illegal, but there's no harm, no foul.

Ornley_Gumfudgen
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February 16, 2014
Bingo, ya win th prize, ya understand.
fortheunderdog
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February 13, 2014
It's ok Mike, we know how you good ole boys stick together. LMAO
behonestguys
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February 13, 2014
Form 770's need to be signed under penalty of perjury. Pulled one up on the FPPC's website. Does the FPPC investigate those types of violations since they are only tasked with insuring compliance with the Political reform, Act and other election-related laws, which may go into the area of criminal law, or would they defer to the AG's office or the local DA? Any info. would be appreciated.
behonestguys
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February 13, 2014
Sorry, meant to say Form 700, not Form 770.
Ornley_Gumfudgen
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February 16, 2014
ftud

No more than th good ole boy conspiracy theorists out thair willin ta hang someone without a trial fer somethang so relatively unimportant fer political purposes.

Seems th door swings both ways don't it?
Ornley_Gumfudgen
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February 13, 2014
Oh no. An no one knew he did it 20 years ago? Th form is ta be filled out annually an easy ta overlook. But we all know that's gonna be th new whippin boy ta make th political hay. Oh well, it will keep busy fingers busy typin for awhile with all sorts of allegations. An infraction? Yes. A big deal? Only ta those who want ta make it a big deal. Any real harm, other than the oversight itself to meet a legal requirement? Not really an he was fined fer it. Now of course someone's gonna say th City paid this fine or concoct some other nonsense ta vent their anger over something that is really a non issue because he obviously declared his affiliation with th company he helped ta found 20 years ago an apparently has declared every year since these disclosure forms have been required and he was in a public office. But no matter, if ya drive one MPH over th speed limit ya should be ticketed an fined fer speedin because that to is illegal.

Not defendin Bret or makin too much light of th situation. He didn't follow a rule, it was uncovered, can't see whair any harm came ta anyone over this an apparently he paid th fine.

But . . . Let th games begin.


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