February 2021 Agenda

NOTICE AND AGENDA

Commission Meeting

Fair Political Practices Commission

1102 Q Street, Suite 3800
Sacramento, CA 95811

Thursday, February 18, 2021
10:00 A.M.

View Agenda as PDF

Public comments may be submitted in real time by 

following the link to our new public participation portal!
http://mediasite.fppc.ca.gov/

 

Under Government Code section 11123(a), all meetings of a state body are open and public, and all persons are permitted to attend any meeting of a state body, except as otherwise provided in that article.

Pursuant to Executive Order N-29-20, certain provisions of the Bagley Keene Open Meeting Act are suspended due to a State of Emergency in response to the COVID-19 pandemic. Consistent with the Executive Order, this Commission meeting will be conducted by teleconference only. None of the locations from which Commissioners will participate will be open to the public. Members of the public who wish to observe the meeting may do so via  YouTube or via telephone by calling (877) 411-9748; access code 723284.  Members of the public who wish to comment during the meeting may do so by telephone by calling (877) 411-9748; access code 723284 or using the Commission’s public participation portal found at http://mediasite.fppc.ca.gov/.

Persons who, due to a disability, need assistance in order to participate in this meeting should, prior to the meeting, contact the Commission Assistant at (916) 322-5745 (voice), CommAsst@fppc.ca.gov (e-mail) and ADACoordinator@fppc.ca.gov. TTY/TDD and Speech-to-Speech users may dial 7-1-1 for the California Relay Service to submit comments on an agenda item or to request special accommodations for persons with disabilities. 

The Commission may take action on any item listed on this agenda. 

Welcome

Richard C. Miadich, Chair

1. Public Comment

During this comment period, any person is invited to speak on any topic that is not listed on this agenda. Action may not be taken on any matter raised during this public comment period until the matter is specifically listed on a future agenda. Those who wish to comment on an item that has been listed on this agenda may comment when that item has been opened for consideration by the Commission and before any action is taken.

 

Comment Letter - California Political Attorneys Association
Digital Comments - Stephen Petzold

2. Approval of Commission Minutes

3-8. Enforcement Consent Calendar

Items on the consent calendar will be taken up and voted on as a group. A Commissioner may request that an item be removed from consent, in which case it will be discussed separately in the meeting. 

Campaign Related Communications at Public Expense 

3. In the Matter of City of Fountain Valley; FPPC No. 16/20109. Staff: Ruth Yang, Senior Commission Counsel and Paul Rasey, Special Investigator. The respondent was represented by Colin Burns of Harper & Burns LLP. The City of Fountain Valley failed to include the proper advertisement disclosures in a magazine advertisement, in violation of Government Code Sections 84506, subdivision (a)(1), 84507, and Regulation 18450.4, subdivision (b) (1 count); failed to timely file a 24-hour report, in violation of Government Code Section 84204 (1 count); and failed to timely file a semi-annual campaign statement, in violation of Government Code Section 84200, subdivision (b) (1 count). Total Proposed Penalty: $6,500.

City of Fountain Valley - Stip

Campaign Bank Account

4. In the Matter of Re-Elect Liz Kniss for City Council 2016 and Liz Kniss; FPPC No. 17/114. Staff: Bridgette Castillo, Senior Commission Counsel and Roone Petersen, Special Investigator. The respondents were represented by Gary Winuk of Kaufman Legal Group. Liz Kniss was a successful candidate for Palo Alto City Council in the November 8, 2016 General Election. Re-Elect Liz Kniss for City Council 2016 was her candidate-controlled committee. Tom Collins was the Committee treasurer. Collins passed away and is not named as a respondent. The Committee and Kniss failed to maintain the use of one campaign bank account, in violation of Government Code Section 85201 (1 count), and failed to timely disclose all required employers and/or occupations of contributors, in violation of Government Code Section 84211, subdivisions (f)(3) and (f)(4) (1 count). Total Proposed Penalty: $4,500.

Kniss - Stip

Advertisements and Campaign Late Filer

5. In the Matter of National United Farm Workers Political Action Committee and Armando Elenes; FPPC No. 18/1352. Staff: Jenna C. Rinehart, Commission Counsel. National United Farm Workers Political Action Committee is a state general purpose committee. Armando Elenes was the Committee’s treasurer. The Committee and Elenes failed to timely file eight semi-annual campaign statements and one preelection campaign statement in electronic and paper format, in violation of Government Code Sections 84200, 84200.5, 84200.8, and 84605 (2 counts); and failed to timely file thirteen 24-hour reports, in violation of Government Code Section 84204 (1 count). Total Proposed Penalty: $6,500.

National United Farm Workers PAC - Stip

6. In the Matter of Oceano 911 Committee for Measure A-20, Beverly Davide, and Karen White; FPPC No. 20/135. Staff: Jenna C. Rinehart, Commission Counsel. Oceano 911 Committee for Measure A-20 was a local ballot measure committee primarily formed to support the approval of Measure A-20, a parcel tax measure on the March 3, 2020 Primary Election ballot. Beverly Davide was the Committee’s treasurer and Karen White was the Committee’s assistant treasurer, responsible for completing and filing the Committee’s campaign statements. The Committee, Davide, and White failed to timely file a preelection campaign statement and two 24-hour reports, in violation of Government Code Sections 84200.5, 84200.8 and 84203 (1 count). Total Proposed Penalty: $2,500.

Oceano 911 Committee - Stip

Default Proceedings

7. In the Matter of Yarbrough for Val Verde School Board 2014 and D. Shelly Yarbrough; FPPC 16/117. Staff: Michael W. Hamilton, Commission Counsel. D. Shelly Yarbrough was a successful candidate for Val Verde School Board in the November 4, 2014 General Election. Yarbrough for Val Verde School Board 2014 was her candidate-controlled committee. The Committee and Yarbrough failed to timely file seven semi-annual campaign statements, in violation of Government Code Section 84200 (7 counts), and failed to pay the annual fee and late penalty to the Secretary of State in 2014, 2016, 2017, and 2018, in violation of Government Code Section 84101.5 (4 counts). Total Proposed Penalty:  $21,800.

Yarbrough - Default

8. In the Matter of Recall Pan and Katherine Duran; FPPC No. 17/925. Staff: Theresa Gilbertson, Senior Commission Counsel and Roone Petersen, Special Investigator. Recall Pan was a state committee primarily formed to support the recall of Richard Pan, State Senator for the 6th District. Katherine Duran served as the Committee’s treasurer and principal officer. The Committee and Duran failed to disclose contributor information on a semi-annual campaign statement, in violation of Government Code Section 84211, subdivision (f) (1 count), and failed to file two semi-annual campaign statements, in violation of Government Code Section 84200 (2 counts). Total Proposed Penalty: $9,000.

Recall Pan - Default

Notice of Intent to present Default Decision and Order at the March Commission Meeting

9. In the Matter of Armenian National Committee Political Action Committee ANCPAC and Viken K. Pakradouni; FPPC No. 18/1139. Staff: Theresa Gilbertson, Senior Commission Counsel and Lance Hachigian, Special Investigator. Armenian National Committee Political Action Committee ANCPAC is a state general purpose committee. Viken Pakradouni is the Committee’s treasurer. The Committee and Pakradouni failed to timely file three semi-annual campaign statements, in violation of Government Code Section 84200 (3 counts), and failed to timely pay the annual fee and late penalty to the Secretary of State, in violation of Government Code Section 84101.5, subdivisions (c) and (d) (2 counts). Total Proposed Penalty: $9,400.

10-16. General Items

10. Adoption of Regulations Concerning Local Office Campaign Contribution Limits. Katelyn Greene, Commission Counsel, Legal Division. Staff proposes regulatory changes as a result of Assembly Bill 571, which imposes contribution limits on candidates for certain local elective offices that previously were only applicable to candidates for elective state office. The proposed amendments were presented for discussion and direction at the December 2020 meeting, and are now presented for adoption.

Staff Memo
Proposed Amendments to Regulation 18404.1
Proposed Amendments to Regulation 18421.4
Proposed Amendments to Regulation 18421.8
Proposed Amendments to Regulation 18521
Proposed Amendments to Regulation 18521.5
Proposed Amendments to Regulation 18523.1
Proposed Amendments to Regulation 18530.2
Proposed Amendments to Regulation 18530.8
Proposed Amendments to Regulation 18531.2
Proposed Amendments to Regulation 18531.5
Proposed Amendments to Regulation 18531.61
Proposed Amendments to Regulation 18535
Proposed Amendments to Regulation 18536
Proposed Amendments to Regulation 18537.1
Proposed Amendments to Regulation 18545
Proposed Amendments to Regulation 18951
Proposed Adoption of Regulation 18531.63
Proposed Adoption of Regulation 18531.64

11. Discussion of Conflict of Interest Rules Concerning Sources of Income to an Official’s Business Entity. Staff: Dave Bainbridge, General Counsel.

Staff Memo

12. Committee Updates.
Law and Policy Committee Update.
Budget and Staffing Committee Update.

13. 2021-2022 Budget. Staff: Loressa Hon, Chief of Administration.

Staff Memo

14. Legislative Update. Staff: Lindsey Nakano, Legislative Counsel. The Commission may provide direction on sponsored legislation and other PRA related legislation. The Commission may direct staff to amend bill proposals and provide additional updates.

Legislative Update

15. Executive Staff Reports.
Enforcement Division. Angela Brereton, Chief of Enforcement
Legal Division. David Bainbridge, General Counsel
Administration and Technology Division, Loressa Hon, Chief of Administration
Executive Director Update. Galena West, Executive Director

Executive Staff Report

16. Commissioner Comments and Proposed Future Agenda Items.
Note: Although any Commissioner may identify a topic of interest, the Commission may not substantially discuss or take action on any matter raised during the meeting that is not included on this agenda, except to decide to place the matter on the agenda of a future meeting. (Government Code Sections 11125 & 11125.7(a).) 

Additional Information

[1]You can obtain further information about the meeting by contacting the Commission Assistant, 1102 Q Street, Suite 3000, Sacramento, CA, 95811, Tel. (916) 322-5745. Written comments on agenda items should be submitted to the Commission no later than 12:00 p.m. the day before the meeting in order to afford the Commissioners adequate time to fully consider the comments. Email comment letters directly to CommAsst@fppc.ca.gov. To participate in real time, visit http://mediasite.fppc.ca.gov/.

The agenda and related documents are posted on the FPPC website at www.fppc.ca.gov. Materials submitted by the public regarding each agenda item will be made available on the website.

Members of the public may listen to the meeting by phone by calling (877) 411-9748; access code 723284; or watch the meeting via Webinar at YouTube.

The meeting location is accessible to the disabled. Persons who, due to a disability, need assistance in order to participate in this meeting should, prior to the meeting, contact the Commission Assistant at (916) 322-5745 (voice), CommAsst@fppc.ca.gov (e-mail) and ADACoordinator@fppc.ca.gov. TTY/TDD and Speech-to-Speech users may dial 7-1-1 for the California Relay Service to submit comments on an agenda item or to request special accommodations for persons with disabilities. Please allow three business days between the request and the meeting date.