Indian Weiis Ontano (760} 568-2611 Irvine (949) 263-2600 ATTORNEYS AT LAW Los Angeles Riverside (951)866. 1450 Sscramento (213)617-8100 655 West Broadway, 1 S'"Floor, San Diego, CA 92101 Phone:(619)525-1300 Fax:(619)233-6118 www.bbklaw.com Manhattan Beach (310) 643-8448 (518)325*4000 Wainut Creek (S25) &77. 3300 Washington, DC (202) 785-0600 Gary W. Schons (619)525-1348 gary, schons@bbkiaw.com File No. 60309. 00032 June 1, 2018 VIA E-MAIL Re: ComElajntofViolationsof SanMarcos Municipal Code Chapter2. 16 Dear In accordance with San Marcos Municipal Code ("SMMC") section 2. 16. 080, the City of San Marcos has appointed Best Best & Krieger LLP as Elections Counsel. In that capacity, we have reviewed your May 31, 2018 complaint concerning alleged violations of SMMC Chapter 2. 16 by MayorJim Desmond. This letter sets forth our decisionon your complaint. As provided in SMMC section 2. 16. 080, Elections Counsel will initiate an investigation of alleged violations of Chapter 2. 16 if "the complaint presents probable cause to believe that a violation has occurred . ... " For the reasons summarized below, we find that the complaint does not present probable cause to believe that a violation of Chapter 2. 16 has occurred. Therefore, we are closing your complaint without fiirther action. There are three reasons for our conclusion. First, SMMC section 2. 16. 090 provides that "[ajny action alleging a violation of this chapter must be commenced no later than one (1) year from the date of the alleged violation." Many of the alleged violations of Chapter 2. 16 asserted in your complaint are barred by this one year statute of limitations, or will be next Tuesday before any action could be taken on them. Specifically, the Kubba, Everett, Dentino and Levin allegations are or will be time barred. Second, the alleged violations concerning the amount of campaign contributions made and received by the Desmond campaign for County office (Board of Supervisors)-Armstrong and Kubba-are not covered by Chapter 2. 16, as those limits on the amount of campaign contributions apply only to municipal elections. As expressed in SMMC section 2, 16. 010, Chapter 2. 16 was enacted "to place realistic and enforceable limits on the amount which may be contributed to political campaigns in municipal elections. " (Emphasis added. ) Because the alleged contributions at issue relate to the campaign for County office, and not for a municipal election, SMMC section 2. 16. 070(b) is not implicated. 60309.00032U11S1872.1 ATTORNEYS AT LAW June 1, Page 2 Third, there are not sufficient facts alleged in your complaint to demonstrate probable cause to believe that a violation of SMMC section 2. 16. 070(a) has occurred justifying further investigation. Among other concerns, there are not sufficient facts alleged in your complaint to demonstrate that any action taken would have had "a reasonably foreseeable material financial effect on the campaign contributor . ..." Thankyou for bringingyour complaint to the attention ofthe City. Sincerely, 3ary \y. Schons for BXSTBEST& KIUEGERLLP Shawn Hagerty of BEST BEST & KRIEGER LLP ec: Jack Griffin, City Manager (via email) (jgriffin@san-marcos. net) Helen Holmes Peak, City Attorney (via email) (hhp@lfap. com) 60309.00032U1181872J Indisn Wells (760)S6S-2611 fwine (949) 263-2600 Riverside ATTORNEYS AT LAW Los Angeles (213)617-8100 (351)688-1450 SacrsmenSo 655 West Broadwgy, 15tfi Fioor. San Diego, CA 92101 Phone:(619)525-1300 Fax:(619)233-6118 ww.bbklaw.com Manhattan Beach (310) 643-8448 (316)325. 4000 Wsinut Creek (925) S77-3300 Washfngfon, DC (202) 785-0600 GaryW. Schons (619)525-1346 gary. schons@bbklaw, com File No. 60309. 00032 June 1, 2018 Re: lajnLofYiolations of San Marcos Municipal CodeChaEtCT2J6 Dear In accordance with San Marcos Municipal Code ("SMMC") section 2. 16. 080, the City of San Marcos has appointed Best Best & Krieger LLP as Elections Counsel. In that capacity, we have reviewed your May 31, 2018 complaint concerning alleged violations ofSMMC Chapter 2. 16 by Mayor Jim Desmond. This letter sets forth our decision on your complaint. As provided in SMMC section 2. 16. 080, Elections Counsel will initiate an investigation of alleged violations of Chapter 2. 16 if "the complaint presents probable cause to believe that a violation has occurred , ... " For the reasons summarized below, we find that the complaint does not present probable cause to believe that a violation of Chapter 2. 16 has occurred. Therefore, we are closing your complaint without further action. There are at three reasons for our conclusion. First, SMMC section 2. 16. 090 provides that "[a]ny action alleging a violation of this chapter must be commenced no later than one (1) year from the date of the alleged violation." Many ofthe alleged violations of Chapter 2. 16 asserted in your complaint are barred by this one year statute of limitations, or will be next Tuesday before any action could be taken on them. Specifically, the Kubba, Everen, Dentino and Levin allegations are or will be time barred. Second, the alleged violations concerning the amount of campaign contributions made and received by the Desmond campaign for County office (Board of Supervisors)-Annstronf and Kubba-are not covered by Chapter 2. 16, as those limits on the aniount of campaign contributions apply only to municipal elections. As expressed in SMMC section 2, 16. 010, Chapter 2. 16 was enacted "to place realistic and enforceable limits on the amount which may be contributed to political campaigns in municipal elections. " (Emphasis added. ) Because the alleged contributions at issue relate to Ihe campaign for County office, and not for a municipal election, SMMC section 2. 16. 070(b) is not implicated. 60309. 00032UI 181897.1 ATTORNEYS AT LAW June 1, 2018 Pape 2 Third, there are not sufficient facts alleged in your complaint to demonstrate probable cause to believe that a violation of SMMC section 2. 16.070(a) has occurred justifying further investigation. Among other concerns, there are not sufficient facts alleged in your complaint to demonstrate that any action taken would have had "a reasonably foreseeable material financial effect on the campaign contributor , ..." Thank you for bringing your complaint to the attention of the City. Sincerely, &ry y Schons /Tor Bl'ST BEST & KRIEGER LLP Shawn Hagerty of BEST BEST & K.RIEGER LLP ec: Jaek Griffin, City Manager (via email) (jgriffin@san-marcos. net) Helen Holmes Peak, City Attorney (via email) (hhp@lfap. com) 60309.00032U11818OT