The complaint was filed because of independent cash expenditures made by the Committee To Elect Sho Tay Arcadia City Council 2018 in support of the campaigns of Bob Harbicht and Roger Chandler. Candidates cannot send mailers supporting other candidates. This is considered a "fraudulent use" because it in effect makes contributions seem like they went to one candidate, in this case Sho Tay, and not to the candidates that the contributions actually benefited, which was Harbicht and Chandler. What Sho Tay did was allow contributions from real estate interests to go through him and not directly to Harbicht and Chandler as they should have by law.
Here is the passage from an FPPC document that spells out the law in this situation. It comes from that portion dealing with the legal use of campaign funds (link):
Sho Tay's wife, Sherry Tay, is the Treasurer of his Committee. This could also possibly be a serious problem according to the FPPC rule book (link).
The opening of this investigation means that the FPPC has found clear evidence of campaign law violations. Now they are determining just how egregious these violations were, and how much money they should fine Sho Tay. Here is the FPPC's notification.
Mod: Today's edition of The Arcadia Weekly also has a report on this scandal (link).
Arcadia Mayor ProTem. Under Investigation by FPPC - State Fair Political Practices Commission (FPPC) Scrutinizes Multiple Complaints
By Terry Miller
Arcadia Weekly has received documents regarding an investigation into Mayor Pro Tem Sho Tay’s election campaign alleging unfair political practices, specifically eluding to spending campaign dollars he received and used to support candidates Bob Harbicht and councilman Roger Chandler.
This newspaper has learned that at least 3 separate complaints against Sho Tay have been filed for not only financing the printing and distribution of “misleading and false” mailers, but also not disclosing campaign funds he received within the required 24 hour period after receipt.
Arcadia Weekly has also learned that Sho Tay received two separate payments of $2500 and $1000 on January 15 for his campaign. Tay did not disclose the $3500 until March 13, 2018.
Ironically, Sho Tay never needed the campaign funds as he was appointed to council when the only opponent to Tay’s campaign abruptly changed his mind at the eleventh hour.
Another complaint registered is in regards to Sho Tay’s conflict of interest in not disclosing, initially, on his election paperwork that he owns a gun range.
Councilman Tom Beck took exception Tuesday to Sho Tay’s use of derogatory mailers attacking him. Beck held up copies of mailers during the meeting that Tay had paid for which directly attacked Beck in English and Chinese during the election.
Councilman Beck’s assertion was that it was an ugly campaign where his opposition insisted that he (Beck) wasn’t for a safer Arcadia, or a stronger police force. Beck pointed out that all council members had voted 5-0 when it came to public safety, therefore Harbicht and Chandler’s statements were completely unfounded.
Councilman Beck also made a concerted effort, during Tuesday’s council meeting, to point out that traditionally candidates donate unspent campaign funds to local charities…and not for personal gain i.e. spending money supporting other candidates.
Tay countered saying he doesn’t understand why people were picking on him when all he wanted to do was ‘unite’ the council and the community at large.
Mod: Here are some of Mayor Pro Tem Sho Tay's possibly illegal campaign flyers.