California Fair Political Practices Commission Inexplicably Confuses SLO County Government with Local Non-profit Organization in Complaint

*** SewerWatch PRESS RELEASE ***

SANTA MARGARITA, CA -- The California Fair Political Practices recently announced that they will not be pursuing a complaint involving a SLO County Parks Commissioner, and an alleged conflict of interest involving her husband's landscaping firm.

The complaint, filed earlier this year by former newspaper editor and reporter, and current blogger, Ron Crawford, of Santa Margarita, alleges a conflict of interest between county Supervisor Bruce Gibson's appointment to the SLO County Parks Commission, Pandora Nash-Karner, who also sits on the Board of Directors for the San Luis Obispo Botanical Garden -- a facility that leases County-owned land, is discussed at Parks Commission meetings, and is also planning a "$20 million" expansion, and, according to their executive director, the one proposal they've received to design the project is from the SWA Group, where Nash-Karner's husband, Gary Karner, is a "Managing Principal and Senior Project Manager for 27 years and is currently retained by SWA," according to his bio.

"I would be deeply disappointed by the FPPC's decision to not investigate this matter, if I wasn't so confused by it," Crawford said.

In a three paragraph letter to Crawford, dated 3/8/10, a FPPC spokesperson writes, "You allege a potential conflict with Pandora Nash-Karner in her capacity as a director on San Luis Obispo Botanical Garden. The conflict of interest provisions of the Political Reform Act apply only to public officials with government agencies. The San Luis Obispo Botanical Garden is non-profit organization [sic] not subject to the provisions of the Political Reform Act. We are closing this matter without action."

"That's why I'm so confused," Crawford said. "In my complaint, I ask the FPPC to investigate a SLO County Parks Commissioner -- a 'public official,' according to the Political Reform Act -- however, in their brief response, there's no mention of the Parks Commissioner, at all. They only mention the San Luis Obispo Botanical Garden director, which I already know the FPPC doesn't investigate. But my point, that I made abundantly clear in my complaint, had little to do with a San Luis Obispo Botanical Garden director, and everything to do with a SLO County Parks Commissioner."

Indeed, in his complaint, Crawford mentions Nash-Karner's title as 2nd District Parks Commissioner numerous times.

For example, he writes, "Dear Fair Political Practices Commission, I'm filing this complaint with you, because I think I may have come across a violation of [Govt Code 87100] ... in San Luis Obispo County government. It involves the 2nd District Parks Commissioner..."

And, "I'm requesting that the Fair Political Practices Commission please determine if there's a violation of Govt Code 87100 by investigating San Luis Obispo County 2nd District Parks Commissioner, Pandora Nash-Karner, and her ties with the San Luis Obispo Botanical Garden, and her husband's SWA Group."

In his complaint, Crawford refers to Nash-Karner as a SLO County Parks Commissioner, in some form, no less than 11 times.

He even quotes Parks Commission meeting minutes where "Commissioner Nash-Karner" discusses the San Luis Obispo Botanical Garden, yet fails to mention her role as a Director for the garden, and her husband's considerable business interest with the facility.

"I guess the staff of the FPPC just doesn't know how to read," Crawford said. "That's the only reason I can think of on why they thought my complaint involved ONLY a non-profit organization, and not SLO County government. I don't know what to say, other than their decision makes absolutely no sense. I mean, 'The conflict of interest provisions of the Political Reform Act apply only to public officials with government agencies?' Huh? Which complaint where they reading... or at least TRYING to read?"

Crawford added, "Apparently, this arrangement:

Supervisor Bruce Gibson's appointment to the SLO County Parks Commission, Pandora Nash-Karner, also sits on the Board of Directors for the San Luis Obispo Botanical Garden -- a facility that leases County-owned land, is discussed at Parks Commission meetings, and is also planning a "$20 million" expansion and, according to their executive director, the one proposal they've received to design the project is from the SWA Group, where Nash-Karner's husband, Gary Karner, is a "Managing Principal and Senior Project Manager for 27 years and is currently retained by SWA," according to his bio.

... is o.k. with the FPPC. Stunning."

To complicate matters, the recent FPPC decision, comes on the heels of another failed complaint Crawford filed last year with the FPPC asking them to investigate even more suspicious political activity involving Nash-Karner.

In that complaint, Crawford asked the FPPC to investigate a 2006 campaign contribution document filed by a "coalition" formed by Nash-Karner, called "Save the Dream," created to help defeat a recall election involving three Los Osos CSD Directors.

In that document, it reads that the Save the Dream coalition made a $3,869.04 "payment" to "Pandora & Co.," Nash-Karner's own marketing business, yet nowhere in that document does it mention that Nash-Karner was also the "chair" of Save the Dream at the time she hired her own business.

"What blew me away about that case, is that, when I was first on the phone with FPPC officials, asking them if it's o.k. for a citizen to form a political 'coalition,' and then hire their own business to perform work for that coalition -- essentially, manufacture work for themselves -- the FPPC officials were, at first, excited. They told me, 'This is a good one!,'" Crawford said.

"However, they eventually sent me a letter saying they weren't going to pursue that investigation, because it wasn't in their 'jurisdiction to initiate an investigation.' When I followed up, by asking their executive director, Roman Porter, 'Whose jurisdiction is it?,' he said that he would get back to me 'on Monday.' That was six months ago."

"Just last month, when I was filing my latest complaint, I asked Mr. Porter, again -- six months after first asking the question -- 'whose jurisdiction is it?' No response."

"And, as of today, the question of whether it's a violation of government code for a citizen to form a political coalition, and then manufacture work for their businesses, like Nash-Karner did with her Save the Dream coalition, is completely up in the air. There was absolutely no resolution to my question, that FPPC officials, at first, thought was a 'good one,'" Crawford said.

Crawford's entire complaint involving SLO County Parks Commissioner, Pandora Nash-Karner, the San Luis Obispo Botanical Garden, their $20 million expansion project and, Gary Karner's SWA Group, can be read at this link:

http://sewerwatch.blogspot.com/2010/01/great-san-los-osobispo-botanical-sewer.html

Crawford's blog, SewerWatch, is at sewerwatch.blogspot.com

SewerWatch has published continuously since June 2005.

###