SAN LUIS OBISPO, Calif. - The city of San Luis Obispo has fined City Council member John Ashbaugh for campaign violations. According the City Attorney's Office they concluded that, "Mr. Ashbaugh's acceptance of a $200 monetary contribution and wine for a campaign event violated the City's campaign contribution limits."
Here is the full statement released by the City Attorney's Office:
Earlier this week, the City Attorney's Office received a complaint against Council member John Ashbaugh alleging that: 1) Mr. Ashbaugh violated Government Code section 8314 by using city email to conduct campaign business; and 2) Mr. Ashbaugh violated SLOMC section 2.040.040(B) because he accepted a $200 monetary contribution, as well as wine for a campaign event, from a single contributor, the value of which together exceeded the $200 campaign contribution limit; and 3) Mr. Ashbaugh violated SLOMC section 2.40.060 because he filed his campaign disclosure statement three days late.
The City Attorney has concluded that Mr. Ashbaugh's acceptance of a $200 monetary contribution and wine for a campaign event violated the City's campaign contribution limits. In order to avoid further expenditure of public time and resources on this matter, the City Attorney proposed an agreement in lieu of filing a civil complaint, whereby Mr. Ashbaugh would agree to pay the maximum penalty that could be recovered by the City in a civil action. Mr. Ashbaugh accepted that agreement and has paid $252 to the City.
With respect to the allegation of improper use of City e-mail for campaign purposes, the City Attorney has re-issued an admonition to all candidates that such use is impermissible and directed that any such use of City e-mail cease immediately. However, the City Attorney does not have jurisdiction to enforce the provisions of Government Code section 8314 and, thus, is not authorized to file any civil action relating to that allegation.
Finally, the City Attorney finds there is no basis under the Municipal Code to file a civil action related to the late filing of the campaign statement. Consistent with prior practice and the exercise of reasonable discretion provided to the City Clerk under the City's Municipal Code, the City Clerk did not enforce any penalty for the late filing of the campaign statement. The City Attorney does not have the authority to assess penalties for late filings, but may file a civil action to recover penalties that have been assessed by the City Clerk, but not paid by the candidate. Since no penalty was assessed, no action is warranted. A copy of the letter to complainants and a copy of the settlement agreement are attached hereto for further details.
