• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

The Valley Citizen

Nature, Environment, History & Politics

The Valley Citizen

  • Arts
  • Education
  • Environment
  • History
  • Nature
  • Politics
  • Wit
  • About
  • RSS Icon

Chief FPPC enforcer called Berryhill scheme, “Cheating…plain and simple.”

May 15, 2018 By Steve Ringhoff 1 Comment

Endorsed by Adam Christianson? ‘Nuff said.

A current candidate for Stanislaus County Supervisor in District 4, Tom Berryhill was fined $40,000 in 2014 by the Fair Political Practices Commission (FPPC). Was this a technical violation of complex campaign law? Did Mr. Berryhill admit the violation? Was he repentant?

The answer to all three questions appears to be, “No.”

Why look at this “historical” event, stemming from activity in 2008? Well, while the fine was widely reported, the details of the scheme were not. After all, when he was in the Assembly and later when in the Senate, Mr. Berryhill’s districts did not include Modesto proper. His testimony was not discussed in news articles of the time.

The testimony he gave may reflect on his character. You decide. After all, it may affect how you vote if you live in the Stanislaus County’s District Four, which is primarily Modesto and north into Del Rio.

The primary source for this piece is a 46-page, single-spaced, “Proposed Decision,” written by an Administrative Law Judge who took testimony, reviewed documents and heard arguments. You can view it here.

In 2008, Mr. Berryhill was the incumbent running to maintain his seat in the 25th District. His brother, Bill Berryhill, was running for the 26th Assembly District. It was his first run for that seat. (For clarity’s sake, we will hereafter refer to the brothers by their first names)

Tom’s seat was safe, but Bill faced a well-financed Democratic opponent. His race was rated a toss-up. What was needed, according to Bill’s advisor, was a last-minute television “ad buy” to attack the Democrat.

Tom was a major fund raiser for the Republicans but had already maxed out his allowed contribution to his brother’s campaign.

The funds:

On October 28, 2008, Tom held a fund raiser. It was advertised as an event to benefit his campaign. The event coordinator testified that all checks received were made out to Tom’s committee. A total of about $50,000 was raised, net, after costs. The funds were deposited into Tom’s account.

On October 29 there was a flurry of emails amongst and between officials of the Berryhill campaigns and the Stanislaus and San Joaquin Republican Central Committees.

The following day, Gary McKinsey, treasurer of the Stanislaus County Republican Central Committee, deposited Tom’s check for $20,000 in the Stanislaus committee’s account. He then met an operative of Bill’s campaign on the sidewalk not far from the bank where he handed over a $20,000 check from the Stanislaus committee to Bill’s campaign.

That same day, a bank-to-bank wire transfer for the same amount was made from Tom’s account to the San Joaquin County Republican Central Committee’s account. The San Joaquin committee then passed the funds to Bill’s account.

Neither Bill nor his campaign time filed receipt of the contributions through the Republican central committees. Ultimately, Bill launched an $87,000 television ad campaign. He won the seat, which he held until 2012.

The evidence:

The rules were clear. Tom had already given the maximum of $3,600 to his brother’s campaign. He could not contribute more without violating campaign regulations. Whether called “laundering” or “earmarking,” Tom could not funnel money through a third person or entity to Bill’s campaign.

The committees and Tom took the position that both committees had exercised independent assessments of the needs of Republican candidates and made their contributions on that basis. Tom testified that he did not earmark the funds to Bill’s election efforts but, “hoped and prayed,” that his donated funds would be used wisely. The quotation marks around the words “hoped and prayed” were in the decision.

The judge did not accept that reasoning. He found that the violations were “serious and deliberate” and were made with the intent to, “conceal, deceive or mislead.” His “Proposed Decision,” with minor technical changes, was accepted unanimously by the full commission, composed of two Democrats and two Republicans.

The chief enforcer for the FPPC called the scheme, “cheating on the election, plain and simple.” Ultimately, Tom Berryhill decided not to appeal and paid the $40,000 fine, as well as $56,000 in attorneys’ fees and other expenses.

The takeaway:

Mistakes are made. People ‘fess up and apologize. Or, they don’t, and may be viewed differently. We have provided the decision which includes the testimony the judge relied on. Will your view match his?

Coming soon: Can anyone say “no” to the sheriff? The current sheriff has a well-equipped army (with armored vehicles), a navy (patrol boats and jet skis) and an air force (two airplanes, two helicopters and nine drones). His SWAT team just got back from combat training maneuvers in Jordan (the Jordan in the Middle East, not Utah). What will the next sheriff ask for, and get? There are two seats up for grabs, Districts 3 and 4 this year. The supervisors have budgetary control over the sheriff, or should.

Former Modesto Bee reporter and retired attorney Steve Ringhoff combines his  passions for journalism and law in series of investigative reports about Modesto and surrounding areas. Read more of his work HERE.

 

Filed Under: Featured, Politics Tagged With: Frank Damrell for Supervisor, Tom Berryhill for Supervisor

Reader Interactions

Trackbacks

  1. Damrell Easy Choice for Supervisor – The Valley Citizen says:
    May 20, 2018 at 1:56 pm

    […] Steve Ringhoff’s excellent report about Tom Berryhill’s violations of rules required by the Fair Political Practices Commission is a cogent reminder of the casual corruption that runs rampant in today’s politics. In 2014, Berryhill paid a $40,000 fine for what amounted to a money-laundering scheme for campaign funds illegally provided by his brother. […]

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Note: Some comments may be held for moderation.

Primary Sidebar

Off The Wire

Warren: Voters Must Elect Dems In Midterms Who Would Nix Filibuster To Codify Roe
Warren: Voters Must Elect Dems In Midterms Who Would Nix Filibuster To Codify Roe
Sen. Elizabeth Warren (D-MA) on Sunday said she views the midterm elections…
talkingpointsmemo.com
A Farmer’s Quest to Beat California’s Waves of Drought and Deluge
A Farmer’s Quest to Beat California’s Waves of Drought and Deluge
Don Cameron went all in on a trickle-down survival tactic. It could help save America’s agricultural heartland—even if he doesn’t survive the new water war.
www.wired.com
Ten Ways Billionaires Avoid Taxes On An Epic Scale
Ten Ways Billionaires Avoid Taxes On An Epic Scale
This article first appeared at ProPublica. ProPublica is a Pulitzer Prize-winning investigative…
talkingpointsmemo.com
A South Texan?s Wild, Life-affirming Quest to Break a National Birding Record
A South Texan’s Wild, Life-affirming Quest to Break a National Birding Record
When she began her year-long bird-spotting adventure, Tiffany Kersten was lost and lonely. She ended up achieving a major milestone and finding her way.
www.texasmonthly.com
Ron Johnson tried to hand fake elector info to Mike Pence on Jan. 6, panel reveals
Ron Johnson tried to hand fake elector info to Mike Pence on Jan. 6, panel reveals
A top aide said the Wisconsin Republican senator wanted to give Pence the list of pro-Trump electors as he prepared to certify the 2020 election.
www.politico.com
Raffensperger says he wishes Fox News carried every Jan. 6 hearing
Raffensperger says he wishes Fox News carried every Jan. 6 hearing
“I think it would have helped our party heal, given [people] more facts.”
www.axios.com
'Not safe anymore': Portland confronts the limits of its support for homeless services
‘Not safe anymore’: Portland confronts the limits of its support for homeless services
Homeless encampments now spill well beyond Portland’s downtown core, dividing a city that has invested liberally in support services.
www.latimes.com
Republicans Will Do It Again
Republicans Will Do It Again
They have not been chastened by the revelations of the January 6 committee.
nymag.com
Birdman
Birdman
Bird Brother: A Falconer’s Journey and the Healing Power of Wildlife
www.earthisland.org
The Potato Roll Empire Bankrolling Christian Nationalist Doug Mastriano
The Potato Roll Empire Bankrolling Christian Nationalist Doug Mastriano
The Martins were bit players in politics, until they put Doug Mastriano one step away from becoming Pennsylvania’s next governor.
nymag.com
Roger Stone and Michael Flynn under fire over rallies ‘distorting Christianity’
Roger Stone and Michael Flynn under fire over rallies ‘distorting Christianity’
Prominent Christian leaders accuse Trump allies of spreading misinformation about election and Covid, while distorting Christian teachings at ReAwaken America events
www.theguardian.com
Major water cutbacks loom as shrinking Colorado River nears 'moment of reckoning'
Major water cutbacks loom as shrinking Colorado River nears ‘moment of reckoning’
As the Colorado River water shortage worsens, major cutbacks are needed to reduce most perilous risks, a federal official tells senators.
www.latimes.com
Trump Scammed Supporters Out of $250 Million for Nonexistent Fraud Fund
Trump Scammed Supporters Out of $250 Million for Nonexistent Fraud Fund
Supporters who thought they were donating to “election integrity” instead saw some of their money funneled to Trump hotels
www.rollingstone.com

Find us on Facebook

The Valley Citizen
PO Box 156
Downtown Bear Postal
1509 K Street
Modesto, CA 95354

Email us at:
thevalleycitizen@sbcglobal.net

Footer

The Valley Citizen
PO Box 156
Downtown Bear Postal
1509 K Street
Modesto, CA 95354

Email us at:
thevalleycitizen@sbcglobal.net

Subscribe for Free

* indicates required

Search

• Privacy Policy

Copyright © 2022 The Valley Citizen

Dedicated to the memory of John Michael Flint. Contact us at thevalleycitizen@sbcglobal.net

Editor and publisher: Eric Caine

Website customization and maintenance by Susan Henley Design