Hueso agrees to fine over money for brother’s campaign

Ben Hueso — Eduardo Contreras

(Eduardo Contreras)

Assemblyman Ben Hueso, D-San Diego, has agreed to pay a $2,000 fine for transferring campaign money last year to a labor-backed group that supported his brother’s unsuccessful bid to replace him on the San Diego City Council.

The penalty from the state Fair Political Practices Commission follows an Oct. 29 report by The Watchdog that showed Hueso shifted $25,000 in campaign funds to help his brother, Felipe, in violation of state campaign finance laws.

At the time, Ben Hueso’s campaign acknowledged the move was illegal and the money was returned a few hours after a reporter questioned the transaction. He then self-reported the violation to the state agency a week later.

The FPPC board is scheduled to vote Sept. 22 on the proposed fine.

The assemblyman was traveling in Mexico as part of a legislative delegation Tuesday and was unavailable for comment, said Paola Avila, his spokeswoman. Hueso has previously said there was “no intent — absolutely whatsoever — to get around the laws” in the case.

The transaction in question occurred Oct. 7 when Hueso, who was then City Council president and running for state Assembly, gave $25,000 from his campaign coffers to a group called San Diegans for Healthy Neighborhoods and a Strong Economy. That group was created by the San Diego-Imperial Counties Labor Council for the purpose of electing Felipe Hueso to City Council.

The FPPC investigation found that the labor council’s committee spent nearly $19,000 on an Oct. 12 mail piece for Felipe Hueso and that at least $3,294 of that money came from Ben Hueso’s contribution. That transaction took place before the contribution was refunded by labor at Ben Hueso’s request.

State law prohibits candidates from giving their campaign funds to a separate group for the purpose of spending that money to support or oppose another candidate. Such laws are intended to limit influence on campaigns and make clear who is funding them. Each violation can result in a fine of as much as $5,000.

“Limits on the amount that a person may give a candidate or that an officeholder may contribute or transfer to another candidate would be rendered ineffective if a candidate-controlled committee could make an unlimited amount of independent expenditures to support or oppose another candidate,” the FPPC stipulation said.

The stipulation also noted that Ben Hueso reported the violation himself and cooperated with the investigation, both mitigating factors that lowered the amount of the penalty. Factors in aggravation were previous campaign violations and the fact that the money wasn’t returned until he was contacted by the media.

Felipe Hueso, an attorney, eventually lost his District 8 council bid to current officeholder David Alvarez. Ben Hueso defeated Derrick Roach, a Republican, to represent South Bay’s 79th Assembly District.

Previously, the San Diego Ethics Commission levied a $17,000 fine against Hueso for raising money for a 2006 runoff election that was not necessary because of the primary election results.