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Allen agrees to $3,000 ethics fine

Michael Allen

By JEREMY HAY
THE PRESS DEMOCRAT

Assemblyman Michael Allen, D-Santa Rosa, has agreed to pay a $3,000 fine for voting on matters in which he had a financial interest while he was a Santa Rosa planning commissioner.

The conflict-of-interest fine — $2,000 less than the maximum — by the state Fair Political Practices Commission, punctuates a controversy that has dogged the first-term assemblyman for a year.

The FPPC found that Allen voted as a commissioner to change the city’s general plan while he was under contract to a county agency to work on behalf of that very change.

Allen, an attorney who sits on the Assembly’s panel for legislative ethics, on Monday maintained, as he has all along, that he made a mistake.

“I know conflict-of-interest laws and if I would have understood I was voting on this, I certainly would have recused myself,” he said. “But you have to take responsibility for what you did.”

The vote in question, in August 2009, concerned a seven-acre parcel on West College Avenue owned by the Sonoma County Water Agency.

The unanimous planning commission vote to overhaul the general plan rezoned the property to accommodate medium- to low-density housing.

The conflict, the FPPC said, was that since 2007 Allen had been an independent consultant for the water agency charged with, among other things, pushing for that rezoning. The agency paid him more than $85,000 for his work.

It was a potential conflict that Allen himself called attention to when he applied to the commission in January 2009.

Then, he wrote:

“I have one potential conflict of interest. I have been the lead consultant for (the water agency) in investigating the feasibility of converting 2150 College Avenue to workforce housing. This project if it goes forward could require rezoning changes that would be considered by the Planning Commission.”

On Monday, Allen said that when he voted he did not understand the decision rezoned the property and that he thought that step would be taken at a future date.

“I thought I was interpreting the language correctly, and I wasn’t,” Allen said. “If I would have known at the time I voted that there was going to be a change to the property, I would not have voted.”

The FPPC did not explain why the fine was lower than the maximum. But it noted “mitigating” factors including that Allen said the violation was unintentional and that he had listed as a potential conflict the relationship between the property and his work for the water agency when he applied for the commission.





44 Responses to “Allen agrees to $3,000 ethics fine”

  1. Stephen Anthony says:

    You can see the personal and political vendettas against Mr Allen at work here. Mr Bly, I believe is taking time off from his busy anti-union work to personally solicit letters against Mr Allen who is pro labor and proud of it. Mr Bly also had no problem supporting David Rabbitt who was investigated by the FPPC for financial improprieties. Perhaps we should all send letters about Mr Rabbitt’s FPPC case as well?

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  2. john bly says:

    Allen got nailed-many of the voters knew about this and still voted him into office-curious.

    Insteead of admitting his serious violation of the rules and asking forgiveness, he chooses to keep lying about it and making excuses. Judging by some of the posts, some people think Allen’s actions are no big deal. The FPPC disagrees–

    The FPPC says:

    \Participation in the decisionmaking process despite a disqualifying financial interest is a serious violation of the Act\

    Allen knew what he was doing. The FPPC could only fine him a maximum of $5,000 and they are proposing a fine of $3,000-that is significant.

    Maybe if enough of us write or call the FPPC between now and Thursday, Allen will get the max.

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  3. Michael Allen was caught being good; naively and innocently trying to do good for people. Geez, that’s just terrible! Why don’t we spend some thought on the unethical things the “Old Guard” does in this county—for example: Why is Exchange Bank (our wonderful community bank) allowed to spin their Bull crap to the media, when they’re obliterating small community business; businesses that stuck by them and have paid them—but they call their loans anyway. They’re making the community pay for their mistakes (for their greed in getting involved in Sacto housing mkt) they’re calling loans due on small Sonoma County businesses and forcing accelerated pay downs. Tell this story Press Democrat—if anyone’s brave enough to stand up—but they won’t, they’re too afraid of Exchange Bank!

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  4. Rosa Koire says:

    From the FPPC website calendar:

    ‘In the Matter of Michael Allen FPPC No. 10/123. Senior Commission Counsel Luisa Menchaca and Senior Special Investigator Sandra Buckner. As Planning Commissioner for the City of Santa Rosa, Respondent Michael Allen violated the Political Reform Act by failing to disqualify himself from two governmental decisions in which he had a financial interest, in violation of Section 87100 of the Government Code (1 count). ‘

    If you would like to read the report yourself (3 pages) and see that it is considered a serious violation, please click on the link below:
    http://www.fppc.ca.gov/agendas/02-11/AllenExhibit.pdf

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  5. Beef King says:

    Who sits on the FPPC?
    It’s time to start rooting out corruption at the source.
    Michael should resign in shame.

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  6. john bly says:

    @ hypicrosy much—Nice try-you try to divert attention away from Allen’s own misconduct. I do not remember ever saying that Rabbitt’s error was no big deal, but I will say it here-Rabbitt’s FPPC accounting mistake was no big deal. That is not hypocrisy or a double standard. Allen and MacNiel’s conduct are violations, Rabbitt’s was not. Pretty easy to differentiate-

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  7. home girl says:

    @ Jason Valez. Thank you for getting to the heart of this scandal. The Sonoma County Water Agency should be audited and investigated, something is certainly rotten in the management and oversight.

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  8. Jason Valez says:

    Michael Allen’s vote wasn’t the only violation. He actively lobbied the city for the zoning change for months prior to his vote on the change. He was giving progress reports, in writing and billing the SC water agency monthly. He’s not allowed to be paid for that while sitting on the Planning Commission. The reason he didn’t recuse himself from the vote is because he didn’t want to disclose his conflict to his fellow planning commissioners. If he had recused himself, they would have known that he was being paid, illegally, for his lobbying activities. Michael Allen was already acting unethically when he was getting paid for his influence as a planning commissioner. The vote was on top of that illegal lobbying. I wish people would just go to the website and look at the documentation because it’s all there. http://www.santrosaneighborhoodcoalition.com.

    What’s still missing here is the involvement of those at the Sonoma County water Agency. Michael Allen sold influence and they bought influence using ratepayer funds! There’s a little matter of $9,000 they paid Michael Allen while he served on the planning commission for his influence in getting the zoning change that he is not entitled to. That money was obtained illegally and should be given back to the water agency. Heads should also roll at the water agency for their part in this most disturbing set of circumstances. The water agency was paying Michael Allen over a period of time for questionable work. Michael Allen ran for City Council and then 7th district assembly during the time he was being paid for his consulting work. I think the really big question is whether the water agency was funneling money to him to help him get elected. More research is needed.

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  9. Hypocrisy Much? says:

    Isn’t Jon Bly the same guy who posted repeatedly about David Rabbitt’s FPPC violation and how it was no big deal? How come when his pet candidate’s have a violation it’s ok but when a progressive candidate gets dinged its “corruption”?

    Thumb up 9 Thumb down 15

  10. Cognitive Dissonance says:

    Just thought I would point out ‘John Bly’ and ‘Bill Me’ are the same person…

    Also, I would like all the people who are angry and using phrases like “deceived” and “corrupt” to explain to me the vote count.

    6-0 still passes. If it was anything but a mistake (as Allen has said), why wouldn’t he have let it pass without his vote?

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  11. john bly says:

    Hats off to Rosa-she should have a civic award for what she has done-blowing the whistle on corrupt politicians that refuse to admit wrongdoing and think they are above the law need to be exposed. Way to go Rosa!

    Thumb up 18 Thumb down 9

  12. bill me says:

    Allen represents the interest of working people? Really? Since when are working people interests greed, thievery, and law breaking? He puts a bad spin on some good people’s interest that are in the SEIU and other unions. His disdain for the rules seems to not shake the rabid, blind support of some of the posters on this site. Why? Is a crook who you want represening your interests? Get rid of this guy—-

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  13. ‘Frank Veracity’Eric Newmann’s'post has a charged up vibe to it ,like someone complicid in a wrong.The First amendment makes some people uncomfortable.If more citizens were paying attention,if more of us were response-able…Rosa Koire is a local civic hero.The P.D. should be commended for providing a much needed interactive forum.Feels almost…Democratic.

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  14. Justice is Served says:

    Yeah, we really showed that Michael Allen, yeah, he really got in trouble, yeah the taxpayer money put into this was well-spent, even though it amounted to well over 3k.

    That’ll teach him! Hah! In your face MA!

    Time to strut like peacocks!

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  15. Jason Valez says:

    Sounds like Lisa M. is back. It was so nice while she was away. Your endless defenses of Michael Allen have all been proven wrong. Rosa Koire is completely vindicated having been absolutely correct about Mr. Allen’s offenses. You can give it up now, you lost this fight. You are the ones ending with a whimper but no one is listening to you anymore. Michael Allen received a $3,000 fine for unethical activities, and he’s an attorney and clearly knew better.

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  16. Eric Newman says:

    “WSC=PD Forums”

    I took a break from posting on Watch Sonoma County as a New Year’s resolution, because I could see that, due to lack of proper moderation, that it was going the way of the PD Forums, which I once described as “Twelve rabid wing-nuts arguing with two angry moon-bats”. Alas, my prediction has been borne out.

    I made a protracted argument for better moderation, to no avail. There was an attempt to poll the readers, as the site began to lose traffic, but no new rules or guidelines were issued, and the site continued its descent in irrelevancy.

    I knew that any article on Michael Allen would draw the same sadistic misanthropes who have been stalking him since he announced for Assembly. Like someone driving past a car wreck at the side of the road, I was tempted to take a peek to view the carnage. I knew that it would be unpleasant, and I was not disappointed.

    So as I came back in to defend Michael Allen against the inevitable attacks, it dawned on me that it doesn’t really matter any more. The same dozen Tea Party characters are still talking to each other, and the public has moved on, as the site has been increasingly polluted with right-wing hate speech, unchecked by limp liberal moderation. So, it really doesn’t matter what’s on WSC anymore. It has, as predicted, gone the way of the PD Forums. Move on, folks, nothing to see here.

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  17. Eric Newman says:

    Finally, Michael Allen has now put this unfortunate episode behind him. He has acknowledged his error, even though he had made every effort to vet his actions with the appropriate legal advisers. It has been painful to watch a good man get put through the wringer for a minor misstep. That could happen to any of us.

    He clearly represents the interests of working people in the North Bay, and we won’t let this inadvertent error deprive us of his valuable leadership. His obsessed detractors will keep up the howling, but they would have done so anyway, over some pretext. They don’t like the idea of a progressive labor leader in power, Never did, never will. We’re used to that.

    I will note, for the record, that Jeremy Hayes’ PD news article itself was actually quite fair and balanced. That was refreshing. I hope that the paper will maintain that tone and level of objectivity going forward.

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  18. Sad but True says:

    And so ends another hate-filled vendetta by Rosa Koire and Kay Tokerud…not with a bang but with a whimper. They can’t stand it that their vicious mudslinging and three year campaign of personal attacks against Michael Allen has yielded them so little….the attempts by their friends and partisans in the phoney “neighborhood coalition” to portray them as Rosa Parks when they are more like Captain Ahab are truly amusing (and amazing)Everyone in town (and now in Napa as well) know them as Ayn Randian wingnuts with a hatred for bikes, redevelopment and low income housing, all things that Mr Allen has championed. Sorry they got so little bang for their buck, but at least we can all go on with our lives now…at least until Mr Allen gets caught littering or making an illegal u turn. But perhaps they’ll have a new victim by then…

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  19. Billy C says:

    What a dumb move by an otherwise smart guy.Hmmm what was he evan doing on the planning commishion? A lawer that worked for the SEIU? Could not get elected to the city councel and now he is in Sac? WOW.
    Well played Kay and Rosa.

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  20. Barbara says:

    I don’t think the fine matched the crime, but what else is new?

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  21. Frank Veracity says:

    @Jason Valez
    The FPPC said Allen’s statement that it was unintentional WAS a mitigating factor. Which means they believe (along with the use of basic deductive logic) that BECAUSE he had already SELF DISCLOSED the conflict in writing on his FPPC form as required there was no INTENT to HIDE IT. The logic here is pretty easy but I can see that you have your own agenda in attacking Mr Allen. Too bad for you and the Tea Partiers on this board that Progressives outnumber you in Sonoma County. Mr Allen is a great leader who is already helping his district and will no doubt be reelected by the over 60% margin he won by in November. Your dirty tricks campaign is a bust…you might want to go peddle that gun advocate nutjob of Doris Gentry in another district. I suggest Redding.

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  22. Not Fooled says:

    Our community has trashed a brave woman, Rosa Koire, for turning in a crooked politician. And you rah rah types who probably work for him are STILL trashing her. SHE WAS RIGHT. WHAT DON’T YOU GET ABOUT THAT?

    Michael Allen is busted. Got it?
    Go ahead and vote for him again if you want a guy who was taking money to influence the city. That’s what he was busted for. And the fine is a joke. Shame on the FPPC.

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  23. Jason Valez says:

    The FPPC said that Allen said it was unintentional. The FPPC did not say it was unintentional. Don’t try to twist the facts. Of course he would say he didn’t do it on purpose but that’s absurd. And if he noted his conflict of interest ahead of time, then it is even more unbelievable that he didn’t know what he was doing. The amount he was fined doew not matter. What matters is he broke the rules and was caught. If his actions hadn’t been reported he would have gotten away with it. Now he probably won’t be re-elected.

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  24. BigDogatPlay says:

    Michael Allen is still in office and paid a chicken scratch $3000 fine. It becomes very hard to see how, as a corrupt politician, he is going to be paying for years and years.

    The fine is an absolute joke. He should be recalled immediately.

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  25. Saul Alinsky says:

    He’s a progressive, you know he was guilty something.

    I know of what I speak…

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  26. Frank Veracity says:

    @Jason Rose, Kay
    You can keep saying “willfully & knowingly” all you want but the FPPC found (after reviewing all the evidence) that it was UNINTENTIONAL. This is why the fine was so low. It also explained that Mr Allen had NOTIFIED the FPPC HIMSELF about the potential conflict on a form as required so it’s hard to see your continued assertions that he “willfully” tried to hide a conflict as anything but partisan lies.

    (You may want to look the word unintentional up in the dictionary but the gist of it is that unintentional is the OPPOSITE of “willingly and knowingly”)

    For your assistance in reading comprehension I am reposting the part of the article where this is all spelled out:

    “The FPPC did not explain why the fine was lower than the maximum. But it noted “mitigating” factors including that Allen said the violation was unintentional and that he had listed as a potential conflict the relationship between the property and his work for the water agency when he applied for the commission.”

    Sorry that you are upset that the Fair Political Practices Commission doesn’t have the same personal vendetta against Allen that you do but let’s catch some perspective on this shall we?

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  27. Jason Valez says:

    Rosa Koire is to be applauded. She brought a corrupt politician to justice. Michael Allen willfully and knowingly snubbed his nose at the law which is a crime for which he should be prosecuted in a criminal court. Whistleblower retribution always follows acts of bravery where a citizen goes up against a powerful figure. People can say all the terrible things they want about the person who caught him but in the end it is Michael Allen that will have this hanging over his head for years to come. What a shame it is for the people in this district to have someone like Michael Allen representing their interests. Let’s get him out of there as soon as possible.

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  28. Just Me says:

    Many good comments here!

    Please voters, Wake Up! Make Allen a one-term’er!

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  29. Just Me says:

    “I know conflict-of-interest laws and if I would have understood I was voting on this, I certainly would have recused myself,” he said. “But you have to take responsibility for what you did.”

    IF YOU DIDN’T UNDERSTAND WHAT YOU WERE VOTING ON…WHY OH WHY DID YOU VOTE????

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  30. Next to Last Laugh says:

    This is an Outrage! Mr Allen was trying to create low income housing in our city and disclosed that fact on his FPPC conflict of interest form and he still only gets punished with a three thousand dollars fine!! Why I am sure that Rose Koire and Kay Tokerud paid twice that in their personal efforts to defeat his election! I am sure they have the receipts for all their stalking expenses on the website!! They should be compensated for their partisan mudslinging efforts! Someone please start a fund for them!

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  31. Karma says:

    we saw how goverment on a larger scale is corrupt, its sickening to see that this local person, who has friends most likely among the community , acted like a common mobster doing what he wants to be disloyal and basically commit an act of fraud.
    I assume there are many who will excuse his actions, he should be banned from holding a position ever with a local position, hell..i wouldnt even want him managing a fast food store, he would prob steal from them too

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  32. Really Rosa? says:

    Actually, the fine was as low as it was because it wasn’t willful. The FPPC apparently has the document where he disclosed the potential conflict. The proof is that the PD- which has sought to vilify him all along- reported it, too.

    I know you have a personal axe to grind, but this one is over. Your complaint was over blown.

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  33. Rosa Koire says:

    Michael Allen is guilty. The proof was on our website, and still is, available to the public. I doubt he really submitted anything saying he had a potential conflict of interest prior to being appointed by his pal, Wysocky. No one else had ever heard that and this is the first that it’s come out.

    This is a serious violation and he has been found guilty. Although the fine should have been larger, the point is that Michael Allen knowingly violated the law and benefited by it.

    His willingness to forget applicable law or to think that it doesn’t apply to him should be noted by all voters. This is not the kind of representative we want in the Assembly.

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  34. Really Big Fish says:

    He should be relieved from office immediatlety inluding the fine!!!Are we in Mexico? The more you look at local politics the you see the same plotican corruptness rampant through the country.

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  35. Council Watcher says:

    Michael Allen’s rationalization is tried and true, blame staff. Simply the man who was paid to lobby the City of Santa Rosa for his expertise on the law and land use did not realize that the General Plan he was voting on was the document he lobby to change. Please spin doctors you could you better that that. Time to move on. Mr. Allen shame on you for your righteous attitude and I’m for the working people B.S.

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  36. home girl says:

    Of more concern is the subsidizing of Mr. Allen’s campaign using money paid by rate payers to the Sonoma County Water Agency. Mr. Allen was paid a considerable amount of our money to do little or nothing. Plagarism is also part of his modus operandi!

    Don’t put too much blame on the voters, rather to examine the tight knit alliance between the Sonoma County Democratic Party, the Labor Trades Council,the SEIU and the Teacher’s Union, he was their chosen candidate, despite his well known conflict of interest.

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  37. Last Laugh says:

    Well thank God that’s over. Now Kay Tokerud and Rose Koire can go back to their important work chasing bicycles!

    Thumb up 21 Thumb down 34

  38. Anthony Walters says:

    Oh Shocking he was trying to create more affordable housing!! It says in the article that Allen disclosed the actual conflict in writing on his FPPC forms so it makes sense that Mr Allen said he wasn’t trying to hide it and probably didn’t know what he was voting on. I believ him and the FPPC obviously believes it (since they gave him a low fine).

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  39. bill me says:

    Allen knew exactly what he was doing and lies about to this day. We should start the recall process right now.

    Thumb up 31 Thumb down 19

  40. Kay Tokerud says:

    Michael Allen was found guilty of conflict of interest. He says he understands the law but somehow he forgot about it. He was paid to lobby the city for the zoning change over a period of time and then voted for the change. What part of that was an accident? Lawyers that ‘forget’ about the law should not be voted for and certainly have no place on the Assembly’s ethics committee. Was that appointment supposed to be some kind of joke? If it was it’s not funny. His unbelievable excuses show that he hasn’t changed and never will. Now the citizens of this district are stuck with a bad actor.

    If you go on the website you can see for yourself the numerous contracts, payments, etc. if you have any doubt over whether he knew what he was doing. He did the deed, got caught and no amount of weasel words will change that.

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  41. Beef King says:

    Michael Allen has been found guilty as charged of abusing the powers of his office.

    I hold local voters responsible for electing a criminal to office.

    Thumb up 43 Thumb down 23

  42. David Rosas says:

    If you make roughly $100k a year – what is $3k – 3%.

    Sales tax is over 9%.

    Thumb up 35 Thumb down 14

  43. Dan Delgado says:

    The finest government money can buy.

    Thumb up 41 Thumb down 20

  44. cyclist says:

    What a load of croc. Polititians has no ethics whatsoever.
    $3000 is a drop in the bucket.

    Thumb up 41 Thumb down 19

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