Calistoga's mayor violated state conflict of interest rules when he voted on three recent resort construction or expansion plans, the state's Fair Political Practices Commission says.
Because he is also executive director of the city's Chamber of Commerce, Chris Canning should not have voted on the resort projects because the construction represented a financial benefit to his primary employer, the commission said in a decision approved Sept. 19.
The developers behind all three resort plans were chamber members at the time of the votes in 2012 and 2013, paying dues worth a total of $1,651. If all three projects are built as planned, their combined dues would jump to $4,679.
“As such, it was reasonably foreseeable at the time of the (votes) that the decisions would have a financial effect on the chamber,” commission investigators wrote.
Canning cooperated with the investigation and agreed to pay a $3,000 fine to the state.
In a written statement, Canning expressed surprise at the commission's position, saying neither he nor the city's attorneys had ever heard of an FPPC decision based on the possible effect of government actions on Chamber of Commerce dues.
The FPPC position “is extreme and will have significant consequences and impact across the state in the several communities which have similar situations of the head of a chamber or similar business organization also serving in an elected position,” he said.
He said he agreed to the settlement only because the “financial risk of me continuing to fight this matter through a hearing process versus reaching settlement was enormous and would have included all attorney's fees and a significantly larger penalty if the FPPC still found against me.”
Canning could have faced up to $5,000 in fines, but the commission opted for a lower number citing his cooperation with the investigation and his lack of any previous violations.