FPPC Opens Investigation on Former Cloverdale Councilwoman Bagby
Former Councilwoman Melanie Bagby voted to approve multiple contracts with her IT consulting firm's clients
Today, I received the following letter from the Fair Political Practices Commission (FPPC):
May 16, 2025
Re: FPPC Case No. 2025-00594; Melanie Bagby
Dear Adina Flores:
This letter is to notify you that the Enforcement Division of the Fair Political Practices Commission will investigate the allegation(s), under the jurisdiction of the Commission, of the sworn complaint you submitted in the above-referenced matter. You will next receive notification from us upon final disposition of the case. However, please be advised that at this time we have not made any determination about the validity of the allegation(s) you have made or about the culpability, if any, of the person(s) you identify in your complaint.
Thank you for taking the time to bring this matter to our attention. If you have any question regarding this letter, please contact Bridgette Castillo at 279-237-3764 or bcastillo@fppc.ca.gov.
Sincerely,
Christopher B. Burton
Assistant Chief, Enforcement Division
CBB: BC
Cc: Melanie Bagby (Sent Via Email: mbagby@ci.cloverdale.ca.us)
The FPPC took several months analyzing my initial sworn complaint before deciding to move forward with opening a case:
Per her LinkedIn profile, City of Cloverdale Councilwoman Melanie Bagby is the owner of Sirius Mobile Solutions, contract IT services. She has co-owned the company since 2007.
According to her Form 700 submitted to the Fair Political Practices Commission (FPPC) on March 25, 2024, Ross Recreation Equipment was a 2023 client within the Sirius portfolio generating at least $10k in income for the fiscal year.
At the April 26, 2023 City of Cloverdale Council Meeting, Council adopted the following resolution:
“A Resolution of the City Council of the City of Cloverdale amending the FY 2022-23 Budget and authorizing the city manager to execute a contract and any change orders with Ross Recreation Equipment in an amount up to the authorized project budget of $45,811 for the purchase of the seventeen park benches and two trash cans.”
Councilwoman Bagby made the motion for approval, and Council approved the item on the consent calendar.
This was not the first occasion in which Ms. Bagby appeared to coordinate contracts with her clients through her positions in local agencies.
The Sonoma Clean Power (SCP) Board approved an initial contract with TLCD Architecture (“TLCD”) on December 6, 2018 to design a complete remodel of the leased, vacant space into a new marketplace and demonstration space. The initial term of the contract was through October 31, 2019.
The meeting minutes indicated SCP Director Bagby recused herself from the vote to approve the initial contract.
Per Ms. Bagby’s 2018/2019/2020 statements of economic interest, TLCD Architecture was one of her consulting firm’s clients.
Director Bagby failed to recuse herself from future contract amendments with TLCD.
On August 1, 2019, Director Bagby voted to approve an amended contract with TLCD Architecture for the Advanced Energy Center under the consent calendar. The minutes made no reference of abstention or recusal.
On November 5, 2020, the SCP Board provided additional authority to the CEO to execute a third amendment to the contract with TLCD Architecture for the Advanced Energy Center. The minutes indicated that the consent calendar motion passed 9-0-0. Therefore, Vice Chair Bagby failed to recuse herself from the vote.
Government Code Section 1090 prohibits an officer, employee, or agency from participating in making government contracts in which the official or employee within the agency has a financial interest. Section 1090 applies to virtually all state and local officers, employees, and multimember bodies, whether elected or appointed, at both the state and local level.
“Making” a contract includes final approval of the agreement, as well as involvement in preliminary discussion, planning, negotiation, and solicitation of bids.
A broad range of agreements are considered a contract under Section 1090. Generally, there is a contract when an offer is made and accepted and there is something of value bargained for and exchanged by each party. This includes written contracts, purchase of goods or services, employment agreements, leases, development agreements, etc.
Violations of Section 1090 can result in the voiding of contracts, criminal, civil, and administrative penalties, as well as a ban on holding public office.
Did Councilwoman Bagby accidentally forget to recuse herself from votes presenting a financial conflict of interest, or were these actions an intentional barter coordinated with taxpayer monies?
"The getting of treasures by a lying tongue is a fleeting vapor and a snare of death."
-Proverbs 21:6
Little did she know that one day someone would look into this stuff. She thought she could fly under the radar.