IS SAN MATEO COUNTY DISTRICT ATTORNEY JIM FOX GOING TO PROSECUTE SAN BRUNO MAYOR LARRY FRANZELLA FOR PERJURY?

by Bill Baker, J.D.
Editor and Publisher, The San Bruno Beacon

Once again, San Bruno Mayor Larry Franzella has been caught by a California State regulatory agency violating the law. In 2000, Franzella had his California Real Estate Broker's License revoked (with a right to a restricted license) by the California Department of Real Estate (California DRE case #H- 7738 SF). Now Franzella is in trouble again. This time, with the California Fair Political Practices Commission.

San Bruno Mayor Larry Franzella violated the public trust by filing materially false and misleading Statements of Economic Interest (California Form 700) in 2004, 2006, and 2007. Franzella engaged in a further violation of the public trust by making a governmental decision on a matter in which he had a financial interest (i.e., voting on a Caltrain Grade Separation Project located within 500 feet of his real property). These facts are contained in EXHIBIT 1 that was used to support the case made by the California Fair Political Practices Commission (CFPPC) against Franzella.

Each of the materially false and misleading California Fair Political Practices Commission Form 700's, that Franzella sent to the CFPPC, required that the document be verified under penalty of perjury. As you can see, by clicking on this link, every person who files the Form 700 (see Form 700, page 5) that Franzela filed, must date and sign the following "Verification" statement:

"I have used all reasonable diligence in preparing this statement. I have reviewed this statement and to the best of my knowledge the information contained herein and in any attached schedules is true and complete.

I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. "

COUNT 2 of the CFPPC Complaint against Franzella states that:

"On or about March 4, 2004, Respondent Lawrence Franzella failed to disclose income from the sale of his real property on January 14, 2003, on his 2003 annual Statement of Economic Interests, in violation of Sections 87200 and 87207 of the Government Code."

COUNT 3 of the CFPPC Complaint against Franzella states that:

"On or about February 9, 2006, Respondent Lawrence Franzella failed to disclose income from six Trotter-Vogel Realty, Inc. clients in which his pro rata share was $10,000 or more on his 2005 annual Statement of Economic Interests, in violation of Sections 87200 and 87207, subdivision (b), of the Government Code."

COUNT 4 of the CFPPC Complaint against Franzella states that:

"On or about March 26, 2007, Respondent Lawrence Franzella failed to disclose income from eight Trotter-Vogel Realty, Inc. clients in which his pro rata share was $10,000 or more on his 2006 annual Statement of Economic Interests, in violation of Sections 87200 and 87207, subdivision (b), of the Government Code."

As the CFFPC points out in Exhibit 1 that they used in support of their Stipulation, Decision, and Order against Franzella:

"Respondent Lawrence Franzella was a member of the San Bruno City Council from 1987 to 1995 and has been the mayor of the city of San Bruno since 1999. He was re-elected in the November 4, 2003, Consolidated General Election. Respondent Franzella has been a licensed realtor for 32 years and has held a brokerage license for almost 30 years. Additionally, Respondent owns a 25% interest in Trotter-Vogel Realty, Inc and has held that interest since 1993. He is also the President of Trotter-Vogel Realty, Inc."

Based on the facts in the previous paragraph, I think it is fair to say that Franzella knew exactly what he was doing when he filed the materially false and misleading Statements of Economic Interest (SEIs) that are the subject of the CFPPC complaint against him. Additionally, Franzella didn't just make 1 misrepresentation in one year, he made a total of 15 material misrepresentations on three different SEIs filed in three different years.

If you click on this link to the STIPULATION, DECISION, AND ORDER (FPPC No. 04/004 you can see that it appears that Franzella has agreed to admit to all of the charges made against him by the CFPPC in return for paying a $9,000 fine and resolving all of Franzella's violations of the Political Reform Act as codified in the California Government Code.

Unfortunately for Mr. Franzella, his legal problems, with respect to this matter, may not be over. If an investigation by the San Mateo County District Attorney's Office were to find that Mr. Franzella committed perjury in the County of San Mateo, Franzella could be prosecuted for perjury by the District Attorney. Perjury, as defined by California Penal Code Section 118, is a felony because under California Penal Code Section 126, perjury is punishable by imprisonment in State prison for 2, 3, or 4 years. One of the jobs of the San Mateo County District Attorney's Office is to prosecute felonies committed in San Mateo County.

In my opinion, this is a case of a person who is an arrogant, deceptive public official engaging in grossly unacceptable violations of the law and the public trust. People have lost faith in government because we have politicians like Franzella engaging in these types of deceptive practices to advance their political/personal agenda. In Franzella's case, this is just another insult to the residents of San Bruno by Franzella.

Since Franzella has been Mayor of San Bruno, the City has suffered ongoing annual budget deficits. We are told that San Bruno's annual budget deficit now exceeds $1,000,000. San Bruno's residents have also been burdened with astronomical increases in rates and fees. And, to add insult to injury, the City of San Bruno has lost more than $1,500,000 as a result of reckless investments.

Franzella's legal problems discussed here are the latest chapter in Mr. Franzella's growing list of problems. It is about time that the legally challenged Mr. Franzella stop inflicting himself on the residents of San Bruno, do us all a favor, and resign from the San Bruno City Council.