Official Is Cautioned on Funding Violations : San Fernando: The FPPC takes no punitive action. Daniel Acuna’s longtime foe questions inquiry’s thoroughness.

The state Fair Political Practices Commission has issued a warning letter to San Fernando City Councilman Daniel Acuna after finding that he improperly filed economic interest statements and misused campaign funds.

In its letter, the commission notified Acuna that the results of its investigation would be taken into consideration in evaluating any future violations.

But the FPPC took no punitive action against the councilman, noting that he filed amended statements when told to do so and that the misuse of funds was a “single violation involving a relatively small sum of money.”

“If the FPPC is happy, I’m happy,” Acuna said. “I consider the matter closed. I’m moving forward with my life.”

Even Acuna’s longtime opponent, Mary Jane Tuomy, while questioning the thoroughness of the FPPC’s investigation, seemed resigned to give up her fight to oust the councilman from office.

“I’m an inconsequential old lady already past 70,” said Tuomy, who last year led an unsuccessful recall effort against Acuna. “Somebody else is going to have to do it.”

Acuna said he has not yet decided whether to seek a third term in 1994. “I’m taking things one step at a time,” he said. “I’m trying to put all the pieces back together.”

The pieces of Acuna’s personal life began slipping soon after he was first elected to the City Council in April, 1986, when voters knew him as the 20-year town mailman who would shake everyone’s hand.

In February, 1987, he declared bankruptcy with more than $250,000 in debt. He later lost his house and that of his parents to foreclosure. The following year, he resigned his job as a postal carrier when confronted with evidence that he failed to deliver a sack of mail.

The councilman attributed his personal financial problems to a painful divorce in 1987.

Nonetheless, he was reelected in 1990.

Then his political problems began. A December, 1990, article in The Times detailed Acuna’s financial woes and included accusations from critics that he improperly filed economic interest statements and misused campaign funds. Critics also charged that he had failed to repay personal loans from several constituents until they threatened to expose him.

In a Jan. 29 letter to Acuna, the commission said it found at least one unreported outstanding loan in violation of the state Political Reform Act. The act requires a City Council member to file an annual statement of economic interests, reporting investments and sources of income.

Included in the definition of income is an “outstanding loan.”

However, the commission did not initiate further action because Acuna filed an amended statement after receiving written notice from the commission to do so.

The commission also noted that there was considerable publicity in the local media regarding Acuna’s financial problems, “mitigating the public harm that may have been caused by . . . omission of this information.” The commission also found that there was no evidence of any conflict of interest relating to the loan.

The FPPC’s investigation also found that he had failed to deposit a $300 contribution check into his campaign fund in violation of state law, but the commission did not take any enforcement action because it was a “single violation involving a relatively small sum of money.” It also found that there was no evidence that the money was put to personal use.

Acuna acknowledged that he cashed the $300 contribution check in March, 1990, but said the money was used mainly for food for campaign workers.

The commission determined that it did not have jurisdiction to rule on a third complaint that Acuna was using funds from a political action committee he controlled for personal use, because the committee never qualified as such under state law.

An investigator with the district attorney’s office said the office’s investigation into the political action committee allegation was closed without taking any action.

Tuomy, who was an unsuccessful candidate for City Council in 1990, said the FPPC did a poor job of investigating Acuna.

“The FPPC is a bucket of spit as far as I’m concerned,” she said.

At the time the complaint was filed, Acuna charged that the matter was politically motivated. But rather than continue the political mudslinging, he points to his 1990 reelection race in which he was the top vote-getter.

“The people have decided that I am worthy of their trust,” he said. “I’m going to do the best job I can.”

He has a new job as a real estate agent and said he hopes that completion of the FPPC investigation will give him a fresh start in politics.

“I’m not looking back,” he said.