COMPTON – State election regulators are investigating allegations that Compton Mayor Emma Sharif violated conflict-of-interest laws.
The California Fair Political Practices Commission (FPPC) confirmed their office received a complaint regarding the mayor voting in favor of using federal funds received from the American Rescue Plan Act (ARPA) to provide Hero Pay for city employees and took the pay herself along with all members of the city council including the City Clerk and City Treasurer.
“A sworn complaint against [Compton Mayor] Emma Sharif was opened into an investigation by our Enforcement Division,” said Jay Wierenga, communications director for the FPPC.
Sharif was notified on July 18, 2023, about the investigation and declined multiple requests for comment on the matter.
According to Bjorn Dodd, assistant head deputy in the Los Angeles County District Attorney’s Public Integrity Division, they received a complaint on the matter which was then referred to the FPPC.
“The Public Integrity Division received a complaint on June 23, 2022, [regarding complaints about Compton elected officials taking Hero Pay from federal funds received under the American Rescue Plan Act,” said Dodd. “On September 12, 2023, PID received a request from the FPPC for authorization to investigate the matter pursuant to Penal Code section 1097.1(b). PID granted that request on September 27, 2023. Accordingly, PID is not currently reviewing the matter pending the FPPC’s investigation.”
The Penal Code cited overlaps with Government Code 1090 which forbids elected officials from benefiting financially from their vote.
According to documents released by the FPPC under a public records request, the complaint was initiated by former Compton City Attorney/City Manager Craig Cornwell who was appointed City Attorney in the city of Merced on November 20.
Cornwell initiated a lawsuit against the City in March 2022 after they failed to approve a contract extension for him to continue as city manager. It is unclear if his complaint is in retaliation for his dismissal.
“On March 22, 2022, Compton City Council approved Resolution No. 25,634, “A
Resolution of the City Council of the City of Compton Amending the Fiscal Year 2021-2022 Budget and Authorizing Payment to Unclassified For Essential Worker Pay Utilizing American Rescue Plan Act Funds”. Resolution 25,634 was approved 4-0 by the following “Aye” votes: Mayor Emma Sharif, Councilman Isaac Galvan, Councilman Jonathan Bowers and Councilperson Lillie Darden. Resolution 25,634 authorized the City’s Unclassified employees to receive qualified Essential Worker Premium Pay pursuant to the American Rescue Plan Act in an amount not to exceed $15,000.00. Compton City Charter Section 1101 defines Unclassified Employees as: all elected officials, City Manager, Assistant City Manager, one private secretary for the City Manager, boards and commissioners and temporary and part-time employees.”
“For Pay Periods Ending May 15, 2022, and December 31, 2022, Mayor Emma Sharif received two checks of $7,448.00 each for a total of $14,896.00 of CSLFRF.
(Councilman Jonathan Bowers and Councilperson Lillie Darden also received CSLFRF funding.) Mayor Emma Sharif’s voting to authorize herself to receive $14,896.00 of CSLFRF is a violation of California Government Code Section 8100 and 8103, Compton City Charter Section 504, and Coronavirus State and Local Fiscal Recovery Funds, 87 Fed. Reg. 4338, 4400 (Jan. 27, 2022).”
A final ruling from the U.S. Treasury Department issued in early 2022, on eligible uses of American Rescue Plan Act funds, specifically states on page 233 of the 437-page document: “This policy also prohibits, among other things, elected officials from steering funds to projects in which they have a financial interest or using funds to pay themselves premium pay.”
Documents released by the city of Compton indicate that all of the city’s elected officials took the pay despite the city charter setting their compensation at $600 per month.
This is not the first time a local mayor has been investigated for financially benefiting from their vote.
Former Inglewood Mayor Roosevelt Dorn pleaded guilty to public corruption charges in 2010 after he was found to have financially benefited from his vote.
The criminal case against Dorn revolved around a city loan program originally intended to help Inglewood administrators afford to live in the city. In June 2004, Dorn voted with the majority of the City Council to extend the program to elected officials. Five months later, he obtained a 30-year loan with a variable interest rate of 2.39%, far less than the market rate.
The loan became an issue in 2007 during his election for a third term. He repaid the money in October 2006.
Dorn alleged the Inglewood city attorney advised him that the loan was legal.
Part of the U.S. Treasury Department’s ruling appears to indicate that elected officials who received the monies before Jan. 6 will not be asked to give it back.
It is unclear if Compton elected officials will be required to return the money since they received it well after the ruling was provided to local government agencies.
“In the past, we have also concluded our cases with penalties, and then either the District Attorney or Attorney General, or others, may feel the need or see the need to further prosecute,” said Wierenga. “We have jurisdiction for Administrative and Civil law, not criminal.”
The FPPC and District Attorney’s office confirmed no complaints were received about other members of the council who voted for and ultimately received the payments.