March 2023 Agenda
NOTICE AND AGENDA
Fair Political Practices Commission
1102 Q Street, Suite 3800
Sacramento, CA 95811
Thursday, March 16, 2023
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.
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. Closed Session
Closed Session. Discussion of Pending Litigation. (Gov. Code § 11126(e)(1)).
3. Approval of Commission Minutes
4-5. 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.
Campaign Contribution Limits
4. In the Matter of Join Travis Allen to Repeal the Gas Tax Ballot Measure Committee, Major Funding By PISF, Inc., and Travis Allen; FPPC No. 18/236. Staff: Christopher B. Burton, Acting Chief of Enforcement and Paul Rasey, Special Investigator. Travis Allen was an unsuccessful candidate for Governor in the June 5, 2018 Primary Election. Join Travis Allen to Repeal the Gas Tax Ballot Measure Committee, Major Funding By PISF, Inc. was a primarily formed ballot measure committee controlled by Allen. The Committee and Allen improperly made expenditures of controlled ballot measure committee funds for a purpose unrelated to a ballot measure, in violation of FPPC Regulation 18521.5, subdivision (d) (1 count). Total Proposed Penalty: $3,500.
5. In the Matter of Orange County Teachers for Local Control of Public Education, Stephanie Tellez, Karen Ridley, Geoff Morganstern; FPPC No. 18/334. Staff: Alex Rose, Commission Counsel and Roone Petersen, Special Investigator. Orange County Teachers for Local Control of Public Education is a local primarily formed committee. Stephanie Tellez, Karen Ridley, Geoff Morganstern were treasurers of the Committee. The Committee, Morganstern, Ridley, and Tellez failed to timely file three pre-election campaign statements and four semi-annual campaign statements, in violation of Government Code Sections 84200 and 84200.5 (1 count); and failed to timely file two 24-hour contribution reports and two 24-hour independent expenditure reports, in violation of Government Code Sections 84203 and 84204 (1 count). The Committee and Ridley failed to include the proper advertising disclosures on mailers distributed prior to the November 6, 2018 General Election, in violation of Government Code Sections 84502, 84503, 84504.2, and 84506.5 (4 counts). Total Proposed Penalty: $24,000.
6-11. General Items
6. Prenotice Discussion of Proposed Amendments to Regulation 18531; Return of Excessive Contributions. Staff: Toren Lewis, Commission Counsel, Legal Division. Staff proposes amendments to Regulation 18531, Return of Excessive Contributions, interpreting and implementing Section 85319.5 as a result of the passage of SB 794 in 2022. Staff presents the regulation for pre-notice discussion and direction; it will be presented for adoption at a subsequent Commission meeting.
7. Legislative Update. Staff: Lindsey Nakano, Senior FPPC Legislative Counsel. The Commission will review and discuss potential sponsored and other legislation. The Commission will provide direction on future legislation to be sought by the agency.
8. ADA Compliance. Staff: Loressa Hon, Chief of Administration. The Commission will receive an update on the agency’s ADA compliance and the costs associated.
9. Fiscal Year 2022/2023 Second Quarter Expenditure Report. Staff: Loressa Hon, Chief of Administration.
10. Executive Staff Reports.
Enforcement Division. Christopher Burton, Acting 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.
11. 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).)
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.