Mann penalty terms finalized; no charges from DA so far

The terms of former Menifee Mayor Scott Mann's penalty by the Fair Political Practices Commission were finalized Thursday, but it remains unknown whether the District Attorney will file charges against Mann for what an FPPC investigator said is "basically embezzlement."

FPPC members voted 3-0 to approve the settlement, in which Mann was penalized the maximum $60,000 for 11 counts of improper use of campaign funds and one count of failure to keep accurate campaign records. An Oct. 14 report by the FPPC stated that Mann used $44,894 in campaign funds from 2009-14 for personal use, including 147 withdrawals for items such as a vacation, vehicle registration and expenses related to a family wedding.

No details were disclosed on how or when Mann paid the $60,000 or whether it has been paid in full, although FPPC spokesman Jay Wierenga indicated earlier this month that finalization of the agreement was on Thursday's agenda because the penalty had been paid. Mann lost a bid for re-election as mayor to Neil Winter Nov. 8. He resigned on Nov. 17 -- three weeks before Winter was sworn in as mayor.

For the moment, Mann retains the title of chairman of the Riverside County Republican Party, even though Senator Mike Morrell and Assemblywoman Melissa Melendez have asked him to resign that post. Meanwhile, Mann has been placed on paid administrative leave from his full-time job as risk management director for the Moreno Valley Unified School District, according to district spokesman Tim McGillivray.

There was very little discussion of the specifics of Mann's case during the FPPC meeting, which was held in Sacramento. Most of the discussion concerned whether the approval of such large penalties against Mann and Contra Costa County DA Mark Peterson would set the benchmark for future enforcement decisions. A fine of $45,000 is being proposed against Peterson for personal use of $66,000 in campaign funds, including about 600 instances of withdrawals. Of the 34 other violations under consideration on Thursday's agenda, no penalty was more than $12,000 and most were $500 or less.

In discussing how such violations should be judged against previous infractions, special investigator Ann Flaherty told commissioners she believed the number of instances (withdrawal of funds) was less important than the total amount taken.

"With personal use records, you're basing it on these incomplete records of basically embezzlement -- of what we consider in our world embezzlement," Flaherty said.

The question now is, will the Riverside County District Attorney consider Mann's violations to be embezzlement or otherwise the basis for criminal charges?

John Hall, spokesman for DA Mike Hestrin's office, told Menifee 24/7 the DA's office does not comment on whether charges against an individual are being considered. He would confirm only that no criminal case under Mann's name is currently in the court system.

An interested observer in all this is former Menifee City Council member Tom Fuhrman, who in October 2014 was charged with one felony count of conflict of interest and seven misdemeanor counts accusing him of "using his official position to influence a governmental decision in which he knows he has a financial interest."

Fuhrman, who continues in litigation against the City of Menifee for penalties assessed regarding his Wooden Nickel Ranch, lost his bid for re-election the next month. He contends that the actions taken against him were orchestrated by Mann.

According to a narrative that is part of the district attorney's investigation of Fuhrman, then-Menifee City Attorney Julie Biggs suggested a letter be sent to the FPPC requesting an opinion on allegations of Fuhrman's conflict of interest. The same document states that on Feb. 5, 2013, City Manager Rob Johnson hired the law firm of Dapeer, Rosenblit & Livak to serve as "code enforcement attorneys and prosecutors" for the City of Menifee in the Fuhrman case.

Then, on Oct. 5, 2013, according to the same narrative, investigator Robert Curtin of the DA's office was assigned to the Fuhrman case at the request of Biggs. Curtin ultimately recommended criminal charges be filed.

In July 2015, Fuhrman entered into an agreement to postpone his plea for one year. He was scheduled to enter a plea in July 2016 once he had completed 100 hours of community service, at which time the felony count would be dropped. Before that time had expired, however, Fuhrman was found in violation of the plea agreement because of citations on his property he says were engineered by Mann.

In Fuhrman's view, Mann's misappropriation of funds are much more deserving of criminal charges than his actions were.

"It's much worse," Fuhrman said Thursday. "I was merely opposed to a manure ordinance. Council held a closed session without me present and requested that Julie Biggs send that letter.

"In my opinion, that's what it will take in this case. The council must meet in closed session and decide whether to ask the city attorney (now Jeffrey Melching) to request action by the DA."

The DA's office does not require such a request in order to open an investigation. Only time will tell whether that takes place.