The board of California's political ethics watchdog Thursday postponed action on a recommended $40,000 money-laundering penalty against state Sen. Tom Berryhill, his brother and Republican central committees in Stanislaus and San Joaquin counties.
After meeting in closed session for about an hour, the Fair Political Practices Commission announced that it would take the case under submission. The move came after the Berryhills' attorneys argued that an administrative law judge incorrectly interpreted campaign-finance rules when he concluded that the senator and others committed "serious and deliberate" violations of the Political Reform Act.
The commission now has until mid-May to announce whether it will accept the $40,000 penalty recommended in January by Administrative Law Judge Jonathan Lew, reject it, or take a different approach.
Thursday's hearing comes five-and-a-half years after the November 2008 election, when commission investigators contend that then-Assemblyman Tom Berryhill funneled more than $40,000 through the central committees to help his brother Bill Berryhill's campaign. Candidates can accept much more money from party committees than individuals, $30,200 per election compared to $3,600 at the time, but any collusion is prohibited.
Tom Berryhill, R-Twain Harte, testified in December that he gave the money to the central committees with no strings attached. He only hoped that local GOP leaders would pass it on to his brother's campaign for an adjacent Assembly district, which Democrats had targeted with a late push. Other Republican officials vouched for Berryhill.
Lew's decision clearly showed that he didn't buy the senator's' version of events, commission investigators wrote in a staff report. "The real problem respondents have with Judge Lew is that he did not believe the untruthful defense he was forced to listen to for almost six days," they wrote.
Both sides said the commission's ultimate decision will have far-reaching implications. Enforcement chief Gary Winuk said rejecting Lew's recommendation would "eviscerate" campaign contribution limits. But attorney Charles Bell, who represented the Berryhills and the central committees, said upholding the judge's decision would "throw a big rock in the pond of campaign financing" and put some common campaign-finance transactions under legal scrutiny.
PHOTO: State Sen. Tom Berryhill, R-Twain Harte, far right, with (left to right), brother Bill Berryhill, attorney Charles Bell, and Tony Amador, chairman of the San Joaquin County GOP, outside the FPPC meeting April 17, 2014 in Sacramento. The Sacramento Bee/Jim Miller