2018: As Mayor, Jim Desmond Drew A Campaign Finance Complaint After Voting For Two Housing Projects Around The Same Time He Took Campaign Cash From Donors Associated With Each Respective Project
2006-2018: Desmond Was Mayor Of San Marcos
2006-2018: Desmond Was Mayor Of San Marcos. “Desmond was a member of the San Marcos City Council from 2004 to 2006 and the city’s mayor from 2006-18.” [Times of San Diego, 7/29/25]
2016-2017: Desmond Voted For The San Marcos Highlands Project And Then Accepted Three Contributions From Donors Associated With The Project
November 2016: Desmond Voted For The San Marcos Highlands Project, A 189-Home Development. “The city of San Marcos has appointed outside counsel to investigate a campaign finance complaint against Mayor Jim Desmond, who is running for a seat on the San Diego County Board of Supervisors. […] On Nov. 15, 2016, Desmond joined three other council members in voting for the San Marcos Highland[s] Project, a 189-home development in the foothills of San Marcos off Las Posas Road.” [San Diego Union-Tribune, 5/31/18]
May 2017: Desmond Received A $550 Contribution And A $250 Contribution From Donors Associated With The San Marcos Highlands Project. “Seven months later, in June 2017, Desmond received a donation of $800 from Farouk Kubba of Vista San Marcos LLC, owner of the San Marcos Highlands project, Rosvall stated. That exceeded the city’s campaign contribution limit of $250, she said, and also posed a conflict of interest with his decision on the project. In May 2017, she said, Desmond received two contributions of $550 and one for $250 from donors associated with the project. Those donations were listed on Desmond’s financial disclosure form filed with the San Diego County Registrar of Voters.” [San Diego Union-Tribune, 5/31/18]
June 2017: Desmond Received $800 From Farouk Kubba Of Vista San Marcos LLC, Owner Of The San Marcos Highlands Project. “Seven months later, in June 2017, Desmond received a donation of $800 from Farouk Kubba of Vista San Marcos LLC, owner of the San Marcos Highlands project, Rosvall stated. That exceeded the city’s campaign contribution limit of $250, she said, and also posed a conflict of interest with his decision on the project. […] Those donations were listed on Desmond’s financial disclosure form filed with the San Diego County Registrar of Voters.” [San Diego Union-Tribune, 5/31/18]
2017-2018: Desmond Voted To Approve The Brookfield Housing Project After Accepting Three Contributions From Employees Of Firms Working On The Project
October-December 2017: Desmond Received Two $250 Contributions And One $150 Contribution From Employees Of Firms Working On The Brookfield Housing Project. “In October through December 2017, she alleged, Desmond accepted additional donations from employees of firms working on the Brookfield housing project off Twin Oaks Valley Road near Cal State San Marcos. That included two donations for $250 each and one for $150, she said. Filings with the registrar also showed those donations.” [San Diego Union-Tribune, 5/31/18]
January 2018: Desmond Voted To Approve The Brookfield Project. “In January of this year, Desmond voted to approve the Brookfield project, a decision that Rosvall said is at odds with city election code.” [San Diego Union-Tribune, 5/31/18]
May 2018: Desmond’s Votes And Donations Prompted A Local Realtor Filed A Complaint Against Desmond, Accusing Him Of “Taking Money From Developers When He Was Voting On Their Projects,” Which She Said Violated San Marcos Campaign Finance Laws
May 2018: Local Realtor Ana Rosvall Filed A Complaint Alleging Desmond Accepted Campaign Contributions For Supervisor That Violated San Marcos Campaign Finance Laws. “Ana Rosvall, a local Realtor and member of the Twin Oaks Valley Community Sponsor Group, filed the complaint with the San Marcos City Clerk, alleging that Desmond accepted campaign donations in his bid for supervisor that violate city campaign finance laws. Desmond is running for the 5th District seat that will become open when county Supervisor Bill Horn terms out this year.” [San Diego Union-Tribune, 5/31/18]
Rosvall Complaint: “Jim Desmond Was Taking Money From Developers When He Was Voting On Their Projects.” “‘Jim Desmond was taking money from developers when he was voting on their projects,’ Rosvall said.” [San Diego Union-Tribune, 5/31/18]
The Complaint Alleged Desmond Accepted Several Contributions To His Supervisorial Campaign Within A Year Of Voting On Council Matters That Directly Affected The Donors. “Rosvall alleged that in several instances Desmond accepted donations to his supervisorial campaign within a year of voting on council matters that directly affected the donors. Those donations clash with city code that requires council members to abstain from votes that affect their campaign donors for a year before or after receiving the contributions, she said.” [San Diego Union-Tribune, 5/31/18]
- The Complaint Also Alleged Desmond Accepted Money In Excess Of What The City Allowed. “In addition, she said, he accepted money in excess of what the city allows. Although those donations were made toward his campaign for supervisor, Rosvall said they conflict with his responsibilities as mayor, and violate the city’s election code.” [San Diego Union-Tribune, 5/31/18]
Desmond’s Campaign Denied That Desmond Violated San Marcos Laws, Saying City Laws Did Not Apply To County Candidates
Desmond’s Campaign Consultant Said San Marcos Laws Did Not Apply To County Candidates. “The city is obligated to review all election law complaints, and has retained Shawn Hagerty, an attorney with Best Best & Krieger Attorneys at Law, to investigate the charges, city spokeswoman Sarah Macdonald said. ‘The investigation will involve whether or not the contributions violated the city’s campaign contribution limitations, and will review whether or not his county campaign contributions conflict with his position on city council, per the San Marcos City Council,’ Macdonald said. Desmond’s campaign consultant, John Hoy, said the San Marcos laws apply to candidates in San Marcos elections and do not apply to county candidates.” [San Diego Union-Tribune, 5/31/18]
The City Of San Marcos Appointed Outside Counsel To Investigate The Campaign Finance Complaint
May 2018: The City Of San Marcos Appointed Outside Counsel To Investigate A Campaign Finance Complaint Against Mayor Desmond. “The city of San Marcos has appointed outside counsel to investigate a campaign finance complaint against Mayor Jim Desmond, who is running for a seat on the San Diego County Board of Supervisors.” [San Diego Union-Tribune, 5/31/18]
June 2018: Attorneys Hired By The City Determined The Complaint Against Desmond Did Not Warrant An Investigation
June 2018: Attorneys Hired By The City Determined The Complaint Against Desmond Was Not Cause For Investigation. “A campaign finance complaint against county supervisorial candidate Jim Desmond is being shelved after the attorneys hired to review it determined there wasn’t cause for investigation. […] The city appointed attorneys with the firm Best, Best & Krieger to investigate. On Friday, they issued a letter stating that they would not pursue those allegations. ‘We find that the complaint does not present probable cause to believe that a violation… has occurred,’ attorneys Gary Schons and Shawn Hagerty stated. ‘Therefore, we are closing your complaint without further action.’” [San Diego Union-Tribune, 6/3/18]
The Attorneys Said Monetary Limits On Campaigns Applied Only To Municipal Election, Not County Races. “‘We find that the complaint does not present probable cause to believe that a violation… has occurred,’ attorneys Gary Schons and Shawn Hagerty stated. […] Schons and Hagerty said the complaint was not valid for several reasons. They said there’s a one-year statute of limitations on such complaints, and many of the alleged violations had occurred outside that time window, or would be past that limit by election day on Tuesday. They also said that the monetary limits on campaigns apply only to municipal elections, not county races. Finally, they said there isn’t probable cause to believe that Desmond’s actions materially benefited the donors.” [San Diego Union-Tribune, 6/3/18]
Upon Dismissal Of The Complaint Against Desmond, The Complainant Said, “Clearly, He’s Taking Money From Parties He Is Making Decisions On”
Upon The Dismissal Of The Complaint Against Desmond, Rosvall Said, “Clearly, He’s Taking Money From Parties That He Is Making Decisions On.” “Rosvall said she was frustrated that outside counsel dismissed the complaint on what she considers a technicality. ‘Clearly, he’s taking money from parties that he is making decisions on,’ she said. ‘It just seems to me very unfair, and it doesn’t make sense that it wouldn’t apply to these other elections, as well.’” [San Diego Union-Tribune, 6/3/18]