Beaumont-Cherry Valley Water District Board Member Andy Ramirez: Failure to Disclose and Use of Elected Position for Financial Gain
Fair Political Practices Commission
Enforcement Division
428 J Street, Suite 620
Sacramento, CA 95814-2329
Re: Andy Ramirez: Beaumont-Cherry Valley Water District Board Member Failure to Disclose and Use of Elected Position for Financial Gain.
Andy Ramirez was Elected to the Beaumont-Cherry Valley Water District Board of Directors on November 8, 2016.
FAILURE TO DISCLOSE:
The Move Beaumont Forward PAC Form 496 claimed a total of $1,339.03 in Expenditures on behalf of Ramirez for Signage and Postcards on October 24, 2016.
Ramirez filed Form 470 on August 12, 2016 claiming ’N/A’, no Committee. Ramirez has not filed any other documents reporting his Election Expenses.
Form 470 states: “Form 470 is for use by officeholders and candidates who do not have a Controlled Committee.”
California Government Code 85500 (a) states: “In addition to any other report required by this title, a committee, including a political party committee, that is required to file reports pursuant to Section 84605 and that makes independent expenditures of one thousand dollars ($1,000) or more during an election cycle in connection with a candidate for elective state office..”
USE OF GOVERNMENT POSITION TO INFLUENCE FOR FINANCIAL GAIN
There is a severe water shortage in the Pass Area. The Beaumont-Cherry Valley Water District purchases 2/3’s of of their water from other sources. Water District Manager Eric Fraser is advising the Board to stop Approving ‘Will-Serve” Letters promising a 20-year supply of water as required by State Law. Developers want to continue large-scale housing development knowing there is no water.
Ramirez, along with fellow Board Member John Covington, are using their Board positions to create a hostile work environment and false charges against Fraser in order to fire him and hire a Manager that will allow additional housing development without an assured supply of water.
January 11, 2017 Water Board Minutes recorded that Ramirez “..would like to get together with fellow Director [Covington] regarding the Personnel Committee and investigate further when they can have their next meeting.”
Ramirez and Covington spent the next few months creating an Employee Survey and interacting with the Water District Employees to stir up discontent.
The Manager and Human Resource Departments oversee Employees, not the Water Board Directors. Neither Ramirez or Covington have a degree in Human Resources or qualifications to create and conduct the Survey.
87102.5. (a) The remedies provided in Chapter 3 (commencing with Section 83100) shall apply to any Member of the Legislature who makes, participates in making, or in any way attempts to use his or her official position to influence any of the following governmental decisions in which he or she knows or has reason to know that he or she has a financial interest:
(1) Any state governmental decision, other than any action or decision before the Legislature, made in the course of his or her duties as a member.
(2) Approval, modification, or cancellation of any contract to which either house or a committee of the Legislature is a party.
(3) Introduction as a lead author of any legislation that the member knows or has reason to know is nongeneral legislation.
(4) Any vote in a legislative committee or subcommittee on what the member knows or has reason to know is nongeneral legislation.
(5) Any rollcall vote on the Senate or Assembly floor on an item which the member knows is nongeneral legislation.
(6) Any action or decision before the Legislature in which all of the following occur:
(A) The member has received any salary, wages, commissions, or similar earned income within the preceding 12 months from a lobbyist employer.
(B) The member knows or has reason to know the action or decision will have a direct and significant financial impact on the lobbyist employer.
(C) The action or decision will not have an impact on the public generally or a significant segment of the public in a similar manner.
(7) Any action or decision before the Legislature on legislation that the member knows or has reason to know will have a direct and significant financial impact on any person, distinguishable from its impact on the public generally or a significant segment of the public, from whom the member has received any compensation within the preceding 12 months for the purpose of appearing, agreeing to appear, or taking any other action on behalf of that person, before any local board or agency.