September 2022 Agenda
NOTICE AND AGENDA
Commission Meeting
Fair Political Practices Commission
1102 Q Street, Suite 3800
Sacramento, CA 95811
Thursday, September 15, 2022
10:00 A.M.
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. The section further states that the portion of the teleconferenced meeting that is required to be open to the public must be audible to the public at the location specified in the notice of the meeting. 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. To participate in real time, visit http://mediasite.fppc.ca.gov/ or call (877) 411-9748; access code 723284.
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.
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.
2. Approval of Commission Minutes
3-5. 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.
3. Adoption of Proposed Amendments to Regulations 18960, Direct Personal Benefit;18225.7, Made at the Behest; Independent versus Coordinated Expenditures; and 18728.5, Reporting of Commission Income and Incentive Compensation. Staff: Karen Harrison, Senior Commission Counsel. Staff presents proposed amendments to Regulation 18960, to extend its application to Section 89521, defining an “egregious personal benefit, and other cleanup amendments; Regulation 18225.7, to remove a citation to a repealed regulation; and Regulation 18728.5 to correct a cross-reference citation. The proposed amendments are presented for adoption by the Commission.
Staff Memo
Proposed Amendments to Regulation 18960
Proposed Amendments to Regulation 18225.7
Proposed Amendments to Regulation 18728.5
Laundered Campaign Contributions
4. In the Matter of Andrew M. Stein, Andrew Stein for Superior Court Judge 2014, and Yolanda Miranda; FPPC Case No. 17/075. Staff: Jenna C. Rinehart, Commission Counsel and Lance M. Hachigian, Special Investigator. This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. Andrew Stein was a successful candidate for Los Angeles County Superior Court Judge in the June 3, 2014 Primary Election, but was defeated in the November 4, 2014 General Election. Andrew Stein for Superior Court Judge 2014 was Stein’s controlled committee. Yolanda Miranda served as the Committee’s treasurer. In this matter, Stein, the Committee, and Miranda caused a third party to make a $100,000 contribution to the Committee in the name of Stein, in violation of Government Code Section 84301 (1 count). Further, Stein, while acting as the intermediary of the third party, failed to disclose both the intermediary and the original contributor information for the $100,000 contribution from the third party to the Committee, in violation of Government Code Section 84302 (1 count). Finally, Stein, the Committee, and Miranda filed a campaign statement with inaccurate contributor information regarding the $100,000 contribution, in violation of Government Code Section 84211 (1 count). Total Proposed Penalty: $15,000.
Default Proceedings
Default Proceedings Requesting Commission Action
5. In the Matter of Laura Franco-Perez; FPPC No. 18/083. Staff: Alex Rose, Commission Counsel. Laura Franco-Perez, Planning Commissioner of the City of Sanger, failed to timely file an Assuming Office, 2017 Annual, and Leaving Office Statement of Economic Interests, in violation of Government Code Sections 87202, 87203, and 87204 (3 counts). Total Proposed Penalty: $12,000.
6-9. General Items
6. Prenotice Discussion of Proposed Amendments to Regulation 18624, Lobbyist Arranging Gifts; 18625, Loans to Lobbyist or Lobbying Firm; and Proposed Regulation 18626, Contingency Fees Prohibition. Staff: Jack Woodside, Senior Commission Counsel. Staff presents proposed amendments to Regulation 18624 regarding the prohibition against a lobbyist arranging for the making of a gift, and Regulation 18625 regarding the prohibition against placing an official under personal obligation. In addition, staff presents proposed Regulation 18626 regarding the prohibition against contingency fees. The proposed amendments are presented for discussion and direction by the Commission and will be presented for adoption at a subsequent meeting.
Staff Memo
Proposed Amendments to Regulation 18624
Proposed Amendments to Regulation 18625
Proposed Adoption of Regulation 18626
7. Legislative Update. Staff: Lindsey Nakano, Senior Legislative Counsel. The Commission will review and discuss FPPC-related legislation. The Commission may provide direction on future legislation to be sought by the agency.
8. Executive Staff Reports.
Enforcement Division. Angela Brereton, Chief.
Audits and Assistance Division. Shrdha Shah, Chief.
Legal Division. David Bainbridge, General Counsel.
Administration and Technology Division. Loressa Hon, Chief.
Executive Director Update. Galena West, Executive Director.
9. 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. The Commission makes every attempt to post ADA compliant documents. If there is a document that is not compliant, please email the Commission Assistant requesting an ADA compliant version.
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.