Bernal raises double Hernandez-Thorpe’s funds for Antioch mayoral campaign this year
Challenger raised almost $128K since January launch a majority from within Antioch
Incumbent raised $59K this year mostly from outside Antioch but transferred $58K from recall opposition committee after reimbursing it $5,700 giving him $117K to spend on re-election.
Mayor’s reports show $5,200 in travel expenses this year; plus, multiple errors including incorrect dates, amounts, but corrected after Herald inquiry; fails to disclose all required information; refuses to answer most questions; state watchdog agency reviewing reports
By Allen D. Payton
In the race for Mayor of Antioch for the November election, former city manager Ron Bernal has outraised incumbent Lamar Hernández-Thorpe by more than double this year, according to the most recent campaign finance reports. Known as a 460 Recipient Committee Statement required by state law for transparency, Bernal’s report, covering Jan. 1 through June 30, 2024, show he raised $127,645.34 in cash and in-kind contributions, of which almost $111,000 was cash, while the mayor’s reports show he raised $58,794 in cash. But Hernandez-Thorpe transferred $58,221.60 from his recall opposition campaign giving him $117,015.60 to spend in support of his re-election.
As of June 30th, Bernal’s campaign had spent $39,847.37 leaving him with $87,797.97 cash remaining to spend. (See Bernal for Mayor 460 report for 01/01-06/30/24)
The Lamar Hernández-Thorpe for Antioch Mayor 2024 committee’s 460 report for the period Jan. 1 and June 30, 2024, shows $58,794 in contributions in the totals. It also includes the amount of $58,221.60 shown on the Termination Statement for his Stop the #KAREN Recall of Mayor Lamar Thorpe 2022 committee, for the period beginning Jan. 1, 2024, ending on Feb. 14, 2024, and filed the next day, that was transferred to his mayoral campaign committee. So, Hernandez-Thorpe’s total funds available during the period were $117,015.60. His re-election committee spent $17,761.29 leaving the mayor with $99,204.31 to spend. (See Hernández-Thorpe’s re-election committee 460 report)
He formed his re-election committee on Sept. 26, 2023, but didn’t begin raising funds for it until this year.
Another contrast between the two candidates’ campaign finances is that most of the funds received by Bernal were from within Antioch while most of the mayor’s funds came from outside the city.
Mayor’s Multiple Mistakes, Miscalculations, Missing Money and Information
Although he previously ran three times for the Antioch City Council, including once for mayor, and raised funds to defeat the attempted recall against him in 2022, Hernández-Thorpe and his treasurer Vicki Robinson haven’t been reporting his campaign finances properly as they show multiple mistakes in both calculations and dates, and have not provided required disclosure information. However, after questions from the Herald, his campaign submitted corrected versions of the two final reports for his Stop the #KAREN Recall Committee covering July 1 through Dec. 31, 2023, and Jan. 1 through Feb. 14, 2024, when he terminated the committee and transferred the balance to his re-election committee.
Recall Opposition Committee Reports Were Missing $4,000
The mayor’s original recall opposition committee report for July 1 through Dec. 31, 2023, showed an Ending Cash Balance of $59,936.54 (p.3). But the committee’s original 460 report for Jan. 1 through Feb. 14, 2024, the date it was terminated, shows a Beginning Cash Balance of $55,929.86 on the Summary Page (p.3) a difference of $4,006.68. He was asked where did that money go, and if he borrowed the funds, not report it and later reimburse the recall opposition committee $4,099.02 on Feb. 12, 2024, to cover it. (See Stop the #KAREN Recall Committee 460 for 01/01-06/30/23 amended prior to the Herald’s review, original 460 report for 07/01-12/31/23, and original Termination 460 Report for 01/01-02/14/24)
Instead of responding, Hernandez-Thorpe submitted Amendments to the reports on Monday, Aug. 5. (See below)
Hernández-Thorpe Reimbursed Recall Opposition Committee Almost $5,700
Hernández-Thorpe’s Stop the #KAREN Recall committee original report for July 1 through Dec. 31, 2023, has incorrect dates on the Schedule I, Miscellaneous Increases to Cash (p.8) showing the “Statement covers period from 07/01/2024 through 12/31/2024” and an amount of $1,331.09 reimbursed by the mayor on Jan. 29, 2024. While the subtotal shows $1,339.09 the correct $1,331.09 figure appears on the Summary Page (p.3).
In addition, his recall committee’s original Termination Statement 460 dated Feb. 14, 2024, on Schedule I, Miscellaneous Increases to Cash, shows he reimbursed the committee an additional $4,099.02 on Feb. 12, 2024 (p.5).
His Amended 460 for the recall opposition committee for Jan. 1 through June 30, 2023, shows another $251.02 in “Returneding [sic] funds”.
That totals $5,681.31 that Hernández-Thorpe reimbursed his recall opposition committee before terminating it and transferring the remaining funds to the re-election committee.
He was asked if those amounts were for personal expenditures on which he shouldn’t have spent committee funds. But Hernández-Thorpe did not respond.
His 460 report for Jan. 1 through June 30, 2023, for the Stop the #KAREN Recall committee shows expenditures including a contribution to his former employee, Nichole Gardner’s non-profit, Facing Homelessness in Antioch of $500, and another contribution to Team Jesus Ministries in Bay Point of $100, to which he contributed an additional $1,500 this year.
The amounts on the original 460 report for the time period of July 1 through Dec. 31, 2023, for the Stop the #KAREN Recall committee under Schedule E Payments Made are also incorrect (see pages 4-7). The total of Itemized payments (for amounts $100 or more) for the period from the four pages was actually $4,005.34, but the amount shows only $3,098.84, a difference of $906.50. The report also shows a total of $999 in payments made of less than $100 for a total of what should be $5,004.34. Yet, the Total Cash Payments on the Summary Page (p.3) show only $4,097.84. The Ending Cash Balance shows $59,956.34 but it should have been $59,049.84. But without any additional contributions, only $58,171.60 was transferred to his 2024 re-election committee, a difference of $878.24.
Combined with the correct Beginning Cash Balance of $62,221.05, the Ending Cash Balance for the recall opposition committee Termination Report should have shown as $58,547.80 of which $58,171.60 was transferred to his re-election committee leaving a balance of $376.20. But with expenditures this year by the recall opposition committee of $1,809.98 and the reimbursement of $4,099.02, that leaves a discrepancy of $2,665.24 in missing funds.
However, as mentioned, the mayor submitted an amended form earlier this week with the correct figures. (See below)
Spent $5,200 on Travel This Year
Hernández-Thorpe’s re-election committee report shows he spent almost $5,200 in the category of “candidate travel, lodging and meals” labeled as TRC. (See pages 13-18) That includes $198.10 paid to United Airlines, $131.09 to Spirit Airlines, $185 for the Delphi Hotel in Los Angeles, $1,389.08 for a stay at the Hotel Washington in D.C., $549 to the Bethesdan Hotel in Bethesda, Maryland, and another $641 was paid to the Morrison Hotel, also in Washington, D.C. and $150 and $178 for parking at SFO, two payments for $554.11 each to United Airlines and spent $651.70 at the Marriott Metro Center hotel, also in Washington D.C. for a total of $5,181.19.
The mayor was asked what those trips were for and how they benefited his re-election campaign.
The FPPC was asked if that is allowed for a local candidate running for re-election if he’s not there for campaign events benefitting his campaign, such as fundraisers, etc.
Most Questions for Hernández-Thorpe Go Unanswered
The mayor was again asked about his campaign finances specifically, why a reimbursement in January of this year was included in the report ending Dec. 31, 2023, why did he reimburse the recall opposition committee those amounts, was he informed those are considered personal expenditures that weren’t allowed to be spent using committee funds and for which previous committee expenditures did those reimbursements cover.
He was also asked where the $502.40 came from and where did the $2,665.24 in missing funds from the Stop the #KAREN Recall committee Termination Report go. But those were later answered with the amended reports.
The mayor was also asked how the trips he took were connected to his re-election campaign and was he holding fundraisers or meeting with major contributors in D.C. and L.A., and to provide the dates he traveled to both cities and the events he held and/or attended.
He was also asked why he didn’t, instead hire a business in Antioch to handle his website design in order to shop local, what the payment of $259.66 to the Best Western in Oakley was for and when, and what the payment of $698.00 to the AUSD Transportation Division, listed as a civic donation, was for and when.
Finally, regarding his committee paying $621.95 to Holy Rosary Catholic School he was asked what it was for and when, and if his daughter attends there. That’s the only question that was directly answered, and it’s allowed if the childcare occurred while the mayor was campaigning.
Hernández-Thorpe’s Campaign Consultant Responds
Instead of responding directly, Hernández-Thorpe had his campaign spokesperson, former City of Antioch Public Information Officer, Rolando Bonilla respond. He wrote incorrectly, “Thank you for reaching out. As the mayor mentioned, you’re reviewing the wrong report. Please see attached. Also, please remember that CA Government Code 89510(b) states all ‘contributions deposited into the campaign account shall be deemed to be held in trust for expenses associated with the election of the candidate or for expenses associated with holding office.’ Lastly, before he became CA’s Attorney General, Rob Bonta sponsored AB 220, signed into law by Gov. Gavin Newsom that says, ‘officeholder may use campaign funds for childcare expenses resulting from directly engaging in campaign activity including that which is both political and legislative or governmental.’”
In response, he and Hernández-Thorpe were informed the information was from the Amended report for Jan. 1 through June 30, 2023. They were asked the same questions, again with a few changes in light of the information provided by Bonilla, including how those trips were connected to the mayor’s re-election campaign, was he holding fundraisers or meeting with major contributors in D.C. and L.A. or were they “for expenses associated with holding office” and to provide the dates he traveled to both cities, the events he held and/or attended while there, and if they were campaign or City-related.
Finally, Hernández-Thorpe was asked, as has been asked of other candidates in the past who submit incorrect campaign financial disclosure reports, if he can’t handle properly reporting of thousands of dollars, how can he expect the public to trust him in making decisions about millions of their hard-earned tax dollars.
Bonilla responded on Monday, August 5, 2024, at 8:26 AM first writing, “We will look into your questions.” Then at 9:31 PM he wrote, “Forms were amended and submitted to city clerk today. Should be posted within the next 24 hours,” without providing copies to the Herald as requested. Nor did either he or the mayor answer the other questions posed to them about the campaign finance reports.
Hernández-Thorpe Submits Two Amended Finance Reports for Recall Opposition Committee
After being asked by the Herald about the mistakes and discrepancies in his campaign finance reports, the mayor submitted Amendments to his final two 460 forms for the Stop the #KAREN Recall committee on Monday, Aug. 5. On Wednesday, Aug. 7th, the City Clerk’s office posted the reports on the Office’s campaign finance portal and provided copies to the Herald.
The Ending and Beginning Cash Balances now match, and his Termination Report now shows an expense of $3,167.98 to Waikiikii Designs of Antioch for Social Media Support and Content Design Services resulting in all the figures being correct. But the reports still show the two amounts that he “returned” or “reimbursed” to the closed committee, plus the amount returned between Jan. 1 and June 30, 2023. (See Amended Stop the #KAREN Recall Committee 460’s for 07/01-12/31/23 and 01/01-02/14/24)
FPPC Says Using Campaign Funds for Personal Use is “Egregious” Violation; All Complaints Against Hernández-Thorpe Rejected
The Fair Political Practices Commission, the state’s campaign watchdog and enforcement agency, was asked about Hernández-Thorpe’s reimbursements to his recall opposition campaign, specifically, if he spent those amounts for personal use are they violations of campaign finance law, as written in Chapter 6 Use of Funds of the FPPC’s Manual 1 dated August 2023. Manual 1, Chapter 6 Use of Campaign Funds
They were also asked, if not, shouldn’t he have instead reported them as contributions on Schedule A Monetary Contributions rather than listed as “Returned” or “Reimbursed”. Finally, they were asked to verify if a complaint, that the Herald was informed of, had been filed about the mayor’s campaign finance reports and if they are under investigation.
Jay Wierenga, FPPC Communications Director responded with the following:
“Before I delve into and/or ask some of my colleagues to delve into the 460’s, the first thing I’m going to do is check to see if any recent complaints came in to FPPC Enforcement Division regarding this committee/individual. On our public portal it shows a few complaints from the past few years, and the portal shows they were all rejected. (our public portal is on our homepage, the transparency tab, and the enforcement tab).
Generally speaking, I/my office usually refrains from actually looking at one individual, or a specific situation, and saying something is ‘wrong’ or ‘violating the law’ or the like, as that is a public accusation of wrongdoing before and lacking any investigation by the appropriate entity, which is usually the FPPC Enforcement Division, or potentially any DA or the AG’s Office. To do so would not only be a public accusation which could prejudice any investigation but also I/my office could be wrong (after an investigation finds no wrongdoing), thereby harming and damaging my credibility as a Communications Director as well as our credibility as an agency.
What I/my office tries to do is to point to the specific statutes and/or regulations that may be pertinent to show what the law says.
I am willing to do so in this case after I hear back from our Enforcement Division, because, if there is a complaint, we can’t comment on any complaint or open case, per regulation. Again, all I can do is point you to pertinent statute/regulation.
What I also can say is a couple of things. First, how people/committee’s file their reports is something I/we can’t speculate as to why they do or don’t do some things. They are obviously supposed to follow the instructions, the law, to the best of their ability, ask for advice or help to do so if needed (we have our Advice unit for just such requests), and the candidate/officeholder/treasurer are responsible for filling out and filing forms accurately, truthfully, and to the best of their knowledge under penalty of perjury.
Second, recognize mistakes can be made, things can be forgotten, etc. That is why we always encourage compliance first, to bring folks into compliance, before worrying about or acting on potential violations, so the public gets the information they are legally entitled to as quickly as possible. Then comes the determination of consequences.
Finally, while we take all violations of the Political Reform Act seriously, we recognize some are more harmful than others. Using campaign funds for personal use is one of the most egregious violations of the Act and violations of public trust, as it is taking money from people who are donating to a campaign and using it instead on one’s self. The Commission is on record and has a history of seeking the highest possible penalties in such cases.”
Weirenga later shared, “We (FPPC Enforcement Division) did receive a recent complaint against Hernandez-Thorpe that was rejected.”
Former DA, County Clerk Fined, Forced to Resign, Latter Given Jail Time for Personal Use of Campaign Funds, Lying About It
Spending campaign funds for personal use is a very serious matter as it is what caused former Contra Costa District Attorney Mark Peterson and later, County Clerk-Registrar of Voters Joe Canciamilla to be fined thousands of dollars. Plus, according to an NBC Bay Area news report, “The state attorney general’s office filed 12 counts of felony perjury and one count of felony grand theft against Peterson” to which he plead no contest. “In exchange for his plea and resignation, the state agreed to dismiss the other charges” and he “was sentenced to 250 hours of community service and will be on probation for three years.”
Later, the State Bar placed Peterson on interim suspension, and “effective Aug. 21, 2017, Peterson cannot practice law pending the outcome of the discipline case. The California Supreme Court has the final say in attorney discipline matters.” He was disbarred on March 31, 2018.
In addition, Canciamilla was charged with 34 felonies including four for grand theft of campaign funds for his personal use, pled guilty to nine and was sentenced to one year in jail which he served under electronic home detention. According to a Mercury News editorial, “under a plea deal…with District Attorney Diana Becton, he will probably spend six months on home detention at his oceanfront Hawaii home while continuing to draw his full public pension.” (See related articles here, here, here, here and here)
Most of Bernal’s Contributions from Within Antioch
Because Antioch doesn’t have its own campaign finance limitation ordinance, state law limits contributions to a candidate’s campaign committee to $5,500 per individual or business. In his only report covering the period Jan. 1 through June 30, 2024, Bernal shows $16,823.78 in Non-Monetary or what are referred to as in-kind contributions, with the largest amount from local business and commercial property owner, Sean McCauley and his family members totaling $15,923.78 for fundraisers held at his family’s home and olive and wine grape business on Deer Valley Road in Antioch. The next highest in-kind contribution Bernal received was $600 of campaign buttons from Tom Baldwin of Antioch who is listed as retired. (See Schedule C, pages 51 & 52)
Bernal received a total of $110,821.86 in cash contributions, of which only $5,703.56 was from less than $100. Of the $105,118.30 in reportable contributions of $100, a majority were from within Antioch, $54,846 compared to $50,272 from outside the city, unless you take into account $11,000 from the owners of Drill Tech located on Fulton Shipyard Road but live in Byron. That would make the totals $65,846 from within Antioch and $39,272 from outside the city.
Bernal’s Largest Contributors are Business Owners, Developers, Other Real Estate Interests, Contractors
The former city manager’s largest contributors include the following:
$5,500 each from Bryan Bento of Antioch, listed as an Investor, Beehive Hospitality; Ann Creson of Byron, Owner, Drill Tech in Antioch and Shannon Creson of Byron, Owner, Drill Tech in Antioch;
$4,500 each from Jeffrey Voss of Belmont, Business Owner, The Zeka Group, Inc. and Robert Katin of Antioch, retired;
$2,500 from Charles Wall of Walnut Creek, Contractor, Brosamer & Wall, LLC;
$2,200 from Dennis Bernal of Walnut Creek, his brother, listed as self-employed roofing contractor;
$2,050 from Perry Realty Team Inc, Oakley;
$2,000 from Robert McGrew of Dixon, Ranch/Farming, Self-employed;
$1,500 each from Martin Fernandez of Antioch, retired; Marjorie Katin of Antioch, Engineer, Katin Engineering Consulting; Bradley Jacob of Danville, Sales, McKesson Corporation and Patricia Curtin of Lafayette, Attorney, Wendel Rosen LLP;
$1,050 from Joseph Mitchell, Retired/Part time Antioch Police Dept;
$1,000 each from Gabriel Chiu of Pleasanton, listed as retired, but is the owner of two shopping centers in Antioch; Glen McCauley Investments of Brentwood; Sharon Hannaford of Oakley, retired; Information Technology, Data & Security Solutions LLC of Concord; former Antioch Economic Development Commission Chairman Tim McCall listed as Business Owner, Genesis Landscape, Inc.; Louisa Zee Kao of Hillsborough, CA, President/CEO, The Zeka Group, Inc. owners and developers of The Zeka Ranch; Joseph Goralka of Antioch, retired; Lisa Carter of Antioch, Vice President, CD & Power; Desmond Bittner of Lafayette, Police Lieutenant, City of Antioch; Duane Anderson of Antioch, retired; Scott Dellinger of Antioch, Owner, Restoring Dreams LLC; Andrea Fontana of Antioch, retired; Gordon Gravelle of Alamo, retired Antioch developer and professional football player; Terry Ramus of Antioch, Scientist, Diablo Analytical, Inc.; SIAFU Enterprises, Inc. of Antioch and two-time Antioch City Council candidate Sandra White of Antioch, VP Human Resources Center for Social Dynamics.
Bernal’s Report Shows Almost $21,000 Paid to Consultant, $3,500 to Out-of-County Businesses
In addition, Bernal’s 460 shows $20,985.90 was paid to Praetorian Public Relations of Walnut Creek for campaign consulting.
Like Hernandez-Thorpe, Bernal paid out-of-town and out-of-county businesses for work that could have been done by either Antioch or other local businesses in East County or Contra Costa. He paid Goprint.com of Burbank, CA $2,258.48 to print his door hangers and Imprint.com of Houston $1,300.97 for yard signs.
While there is no longer a printer in Antioch, there are in East County, and two sign companies in Antioch and others in East County. Bernal was asked why he didn’t shop local and use Antioch or other businesses in East County or Contra Costa to print his door hangers and yard signs.
The campaign responded, “Since there’s no longer a printer in Antioch we shopped the best prices and found one in Burbank. They’re a California vendor. Ron will do the same when he’s in office to ensure fiscal responsibility and use of taxpayer dollars.”
He was also asked about the correct reporting on two of his contributors, one about their city of record for the contribution, which was later confirmed to be correct, and about another’s employment, specifically, Gabriel Chiu of Pleasanton who is listed as retired. Yet, Chiu is the owner of two shopping centers in Antioch, including the Deer Valley Plaza on Lone Tree Way where the Food Maxx store is now located, and the Delta Fair Shopping Center where the Food Maxx store was previously located, for which the council majority, including Hernández-Thorpe, voted in 2020 to postpone indefinitely Chiu’s improvement plans. Those plans included a new 210-apartment complex, 4,000 square feet of new retail and renovation of the remaining existing 73,535 sf of retail space. (See related articles here and here)
Bernal responded, “Gabriel Chie is a Business Owner.”
Most of Hernández-Thorpe’s Contributions from Outside Antioch
The mayor raised a total of $58,794 in cash contributions, of which only $1,067 was less than $100. Of the reportable contributions of $100 or more, he received $57,727, of which only $7,375 was from within Antioch and most, or $36,652 was from outside the city, not including $13,700 from political action committees (PACs) and unions.
Largest Contributors are Unions, Business Owners, Building Industry, Real Estate Interests, Garbage Company, Cannabis
Hernández-Thorpe’s largest contributors include the following:
$5,500 each from Build Jobs PAC ID# 761102, Sponsored by the Building Industry Association of the Bay Area; Yua Huan Li of San Francisco, no information was provided. But according to Bizpedia, he is the Manager of ON Dog Dog LLC also in San Francisco; Longlife A LLC in Oakland; EL W Estate Management in San Francisco; LH Real Estate Management LLC of San Francisco; Republic Services in Concord, Antioch’s garbage collection company; and Manuel Robles of Los Angeles, self-employed;
$5,000 from Richard Hoke of Antioch, owner, Delta Dispensary cannabis/marijuana business in Antioch;
$2,500 from Sheet Metal Workers Union Political Committee ID 850381 in Livermore; and
$1,002 from Rolando Bonilla of San Jose, Strategist, Voler.
Hernández-Thorpe’s Greatest Expenses Were for Travel, Event Catering, Photography
Of the Payments Made totaling $17,761.29 for the period, the aforementioned $5,181.19 was spent for travel expenses and $4,226 was paid to Chef Clarise LaGrone of Antioch for three different events, plus, $1,200 to Bronze Girl Productions for an event performance, and $1,059.61 to LowKii Photography in Antioch.
08/09/24 5:45 PM UPDATE: Filing for the mayor’s race closed today, Friday, Aug. 9 at 5:00 p.m., and Hernández-Thorpe filed to run for re-election according to the report by the City Clerk. As of Thursday, he hadn’t completed filing his paperwork. Another candidate has also filed to run for mayor, Rakesh Kumar Christian, who ran in 2020 and placed last out of the five candidates. The election is November 5th.
Please check back later for any updates to this report.
the attachments to this post:
Bernal & Hernandez-Thorpe Election 2024 Finance
