Sonoma County Supervisor Hopkins Facing $3k Fine From FPPC for Giving Husband's Nonprofit $20k in Taxpayer Monies
Supervisor Lynda Hopkins approved a $20k Tourism Impact Fund Award for LandPaths while her spouse was employed as the organization's Community Stewardship Manager
Next Thursday, November 21, 2024 at 10:00 am, the Fair Political Practices Commission (FPPC), the State of California’s oversight watchdog, will approve or deny a stipulation, decision and order regarding Sonoma County Supervisor Lynda Hopkins.
On February 16, 2022, I submitted a sworn complaint to the FPPC regarding Supervisor Hopkins’ conflict of interest in reference to LandPaths. On December 17, 2019, Hopkins voted to approve the Fiscal Year 2019-2020 Tourism Impact Fund Awards which included an award of $20,000 to LandPaths, her spouse, Emmett Hopkins’ employer at the time.
The Sonoma County Transient Occupancy Tax (TOT) is a tax on accommodations at lodging and camping facilities in the unincorporated areas of the county. From this fund, each Supervisorial District in the county receives a percentage for discretionary projects within each District from the Tourism Impact Fund. These funds are then awarded in small grants to not for profit organizations to create improvement projects in their community.
As Community Stewardship Manager at LandPaths, Emmett Hopkins:
Managed budgets, staff and programs for the Community Care Initiative. Collaborated with fellow managers and directors on LandPaths’ management team. Coordinated creation and advancement of the Sonoma County Trek Collaborative, working with representatives from Regional Parks, Open Space District, National Park Service RTCA, and Greenbelt Alliance to envision and enact a regional trekking network. Refocused and organized LandPaths’ volunteer program. Supervised land stewardship and facilities maintenance on LandPaths’ six nature preserves.
On November 8, 2024 I received the following email from the FPPC:
The proposed stipulation submitted to the Commission for review stated:
SUMMARY OF THE FACTS
As a member of the Sonoma County Board of Supervisors, Hopkins is a public official who is required to file a Statement of Economic Interests (“SEI”) at various times pursuant to the Act. On March 19, 2019, Hopkins timely filed the 2018 Annual SEI and disclosed, among other interests, a source of income financial interest in LandPaths, where Hopkins’ spouse served as a Community Care Manager who received an annual income of $10,000 - $100,000. Additionally, Hopkins’ interest in LandPaths was timely disclosed on Hopkins’ Candidate SEI, filed December 4, 2019, and on Hopkins’ 2019 Annual SEI, filed February 24, 2020.
On December 17, 2019, at a regular meeting of the Sonoma County Board of Supervisors, an item on the agenda’s consent calendar concerned “Fiscal Year 2019-2020 Tourism Impact Fund Awards.” Included on this item was a list of non-profit organizations and the amount of funds each would receive. LandPaths was specifically listed to receive $20,000.
The Enforcement Division confirmed, at the time of this decision, Hopkins’ spouse was employed with LandPaths. Additionally, the Enforcement Division confirmed Hopkins voted to approve the Fiscal Year 2019-2020 Tourism Impact Fund Awards during the Sonoma County Board of Supervisors meeting held on December 17, 2019. Ultimately, this item was approved with four Supervisors voting for approval while one Supervisor was absent from the meeting.
Under the Act, there is a violation of the conflict of interest provisions when a public official makes a governmental decision in which it is reasonably foreseeable that the decision would have a material financial effect on any of the official’s financial interests that is not indistinguishable from its effect on the public generally.
First, it was reasonably foreseeable that the approval of a $20,000 Tourism Impact Fund Award to LandPaths would have a financial effect on LandPaths. Since LandPaths was a named party in the December 17, 2019 governmental decision, there is a presumption that the financial effect on LandPaths is reasonably foreseeable.
Second, the reasonably foreseeable financial effect on LandPaths is deemed to be material under the Act since the December 17, 2019 governmental decision named LandPaths as one of the non-profit organizations to receive a Tourism Impact Fund Award.
Third, the Enforcement Division did not obtain any evidence to suggest that the Act’s public generally exception applies here. Further, Hopkins did not allege or establish that a significant segment of the public was affected by the December 17, 2019 governmental decision involving LandPaths.
Fourth, on December 17, 2019, Hopkins voted to approve the Fiscal Year 2019-2020 Tourism Impact Fund Awards which included an award of $20,000 to LandPaths.
Based on the foregoing, Hopkins had a conflict of interest with respect to the December 17, 2019 governmental decision regarding the Tourism Impact Fund Award to LandPaths.
VIOLATION
Count 1: Conflict of Interest On December 17, 2019, Hopkins, a member of the Sonoma County Board of Supervisors, had a conflict of interest when Hopkins voted on a governmental decision that had a reasonably foreseeable material financial effect on Hopkins’ financial interest, LandPaths, in violation of Government Code Section 87100.
Are the repercussions for Supervisor Hopkins failure to recuse herself from voting to approve a $20k grant for her husband’s nonprofit appropriate? Or, was this simply a symbolic slap on the wrist for a much greater issue, lack of integrity in local governance?
“The integrity of the upright guides them, but the unfaithful are destroyed by their duplicity.”
-Proverbs 11:3
on 12/11/18, Hopkins, as a Commissioner of the Agricultural Preservation & Open Space District approved $133,191 to Landpaths to an existing contract in an amount not to exceed $1,233,704 - while her husband worked for the organization. BOS Agenda Item 4D.
Even with the $20K to a nonprofit conflict of interest violation, a $3K fine is peanuts. The fine should be greater than the award money to send a strong message.