California legislator accuses Newsom of violating state code

By Robert Matteson
The Center Square

Assemblymember Carl DeMaio, R-San Diego, has commented further about his call for California Gov. Gavin Newsom to be investigated for using state resources for personal purposes.

He told The Center Square that the Democratic governor violated the state code covering public resources and should be fined.

DeMaio’s request for an investigation came after Newsom filed a Freedom of Information Act request regarding the U.S. Department of Justice’s investigation into him and his wife, Jennifer Seibel Newsom, on Monday, as reported by The Center Square.

DeMaio filed his request via letter with the Fair Political Practices Commission and California Attorney General Rob Bonta on Tuesday, as The Center Square reported.

The legislator elaborated on his request, answering The Center Square’s questions by email for this story.

“We are led to believe taxpayer-funded resources may have been used as the FOIA request was sent from the office of the Governor, on official letterhead, and written by the legal affairs secretary of the Office of the Governor,” DeMaio said.

Newsom’s FOIA request involved taxpayer-funded resources such as paying the state employee who drafted the letter, DeMaio said. That employee was David Sapp, the legal affairs secretary with the Governor’s Office.

Newsom’s actions violate Government Code 8314, DeMaio told The Center Square.

“It is unlawful for any elected state or local officer, including any state or local appointee, employee, or consultant, to use or permit others to use public resources for a campaign activity, or personal or other purposes which are not authorized by law,” the code says.

In this case, the law code defines “personal purpose” as “those activities the purpose of which is for personal enjoyment, private gain or advantage, or an outside endeavor not related to state business.”

The Center Square reached out to Newsom’s office, which answered by email.

“As he has for the last 18 months, the President and his Administration are attacking the Governor, this time through a politicized fishing expedition, because of the work he’s doing as the Governor, where he has consistently been one of the most effective voices pushing back on Trump’s lawlessness,” said Tara Gallegos, Newsom’s chief deputy director of communications.

But DeMaio said Newsom should be fined because the DOJ investigation into the governor focused on personal matters rather than the Office of the Governor.

The law lays out the terms of such a fine.

“Any person who intentionally or negligently violates this section is liable for a civil penalty not to exceed one thousand dollars ($1,000) for each day on which a violation occurs, plus three times the value of the unlawful use of public resources,” the code says.

The Center Square reached out to the Fair Political Practices Commission, which referred questions to the Attorney General’s Office. Bonta’s office did not respond by the time of publication.