Sacramento mayoral candidate’s fundraising did not violate city code, commission finds

The Sacramento Ethics Commission determined Monday evening that there was insufficient evidence to support the allegation that mayoral candidate Flojaune Cofer violated city code when she raised her first batch of campaign cash.

Political consultant Steven Maviglio in July filed a complaint with the commission alleging Cofer had violated city code by raising $158,738 during the first six-month cycle — much higher than the $67,900 limit. The three other mayoral candidates, Steve Hansen, Dr. Richard Pan and Kevin McCarty, each raised less than $67,900.

Maviglio’s complaint was dismissed by the commission.

The confusion stemmed from the question of when candidates were allowed to start raising money ahead of the March 2024 mayoral primary.

In March 2023, a year ahead of the primary, the City Clerk’s Office brought an item to the council to approve new deadlines. It passed without controversy on the consent calendar, but due to an error by staff, it included the wrong date, City Clerk Mindy Cuppy told the commission Monday.

“In March 2023, my office, in error I believe, did not update that off-election period to end,” Cuppy said.

Steven D. Miller of Hanson Bridgett, tasked by the city to do an independent evaluation, recommended the commission determine Cofer did indeed violate the code, but that she should not be punished because of the confusion of the code. Cofer’s campaign sent the city emails six times to get clarity and did not get an emailed response, Miller said.

During the hearing, Cofer made a case that not only should she be spared from discipline but the commission should determine she did not actually violate the code. Cofer accused Maviglio of attacking her partly because she is the only woman in the race and the first Black woman to run for mayor in the city’s history.

Maviglio did not attend the meeting, but he said Tuesday that Cofer’s race had nothing to do with his complaint. He cited his work in running the campaign for Kevin Johnson, the city’s first Black mayor, and his work for other Black and Latino elected officials. He said that bringing up Cofer’s race was an effort “to distract from the finding of the independent evaluator that she broke the law.”

Cofer in her speech to the commission refuted the finding that she had violated city code.

“Mr. Maviglio’s assertion that these findings give me an advantage over my opponents in terms of fundraising is absurd,” Cofer told the commission. “Each of my opponents — having previously been elected to other offices — have a clear advantage over me in terms of fundraising — not the other way around ... I ask you find no violation occurred — not because it was an understandable one that did, but because we fully complied with the law.”

In addition another resident named Grant Rabenn submitted a similar complaint to the commission about Councilwoman Katie Valenzuela raising $39,960 in her bid for re-election next year — higher than the $34,000 limit. Miller also found that Valenzuela had violated the code but should not be punished due to confusion.

The commission was set to also discuss that complaint Monday but did not do so, however, because it lacked a quorum. Commissioner Deanna Adams was not present at the meeting. Commissioners Susan Underwood, Linda Ng and Nicole Velasquez were present, but when the meeting came to the Valenzuela item, Ng recused herself, leaving too few members for a quorum.

As a result of the complaints, the city will pay Hanson Bridgett for its consultant reports about Cofer and Valenzuela, Cuppy said. It has not yet been billed with an amount.

The primary election for the local races will be held March 5. If no single candidate gets more than 50.01% of the vote, the races will go to the general election Nov. 5.

The city is working to fix the issue that caused the problem for future election cycles, Cuppy said.