The state watchdog in charge of enforcing campaign finance laws has opened an investigation against the top contender in the Milpitas mayoral race over a trip she took to China in 2019.

The probe by the Fair Political Practices Commission centers around a $3,600 gift that Vice Mayor Carmen Montano accepted during the China trip and later reported to state authorities, according to a copy of the complaint. The complaint alleges that Montano violated travel policies and rules surrounding lobbying.

Montano did not immediately respond to a request for comment. A former school teacher and longtime Milpitas resident, Montano’s campaign has soared ahead in fundraising for the city’s top seat. While two other councilmembers are also vying to be mayor, Montano has the endorsement of current Mayor Rich Tran, whose support remains highly influential in the city of 80,000.

Investigations by the FPPC can take years and result in fines amounting to tens of thousands of dollars. Montano’s council colleague, Anthony Phan, was recently found to have violated multiple campaign finance rules and was fined $15,000 after he hired his 14-year-old cousin as his treasurer. That probe started in June 2017 and concluded in May. It also has sparked changes at the state level surrounding age requirements for campaign positions.

FPPC spokesperson Jay Wierenga declined to comment on the investigation against Montano.

According to Montano’s 2020 Statement of Economic Interest, known as the Form 700, a document required by every elected public official in the state, the councilmember accepted the $3,600 gift from Dr. William Wang of Chino for “educational and cultural exchange.”

Montano wrote on the form that she “observed new teaching strategies” for her education business, Community Classrooms. The councilmember says in April 2019 she toured the “No. 1 middle school” based in Wuzhi, a county in China’s Henan province.

The FPPC complaint, filed by Milpitas resident Chris Martin, alleges that Montano violated the $520 cap for gifts accepted by local officials.

While the rule has a number of exceptions, such as if the money is from a family member or made from a speech, Martin’s complaint contends that Montano’s 2019 gift doesn’t fall into any of the those categories. The complaint also alleges that Montano’s true purpose for traveling to China was for the “13th China (Henan) International Investment and Trade Fair,” which he says isn’t related to education.

Photos from the trip show that Montano was also joined by other California officials, including Duarte City Councilmember Samuel Kang, Huron Mayor Rey León and Merced County Supervisor Rodrigo Espinosa.

Source: www.mercurynews.com