November 2017 Agenda
NOTICE AND AGENDA
Commission Meeting
California Fair Political Practices Commission
1102 Q Street, Suite 3800
Sacramento, CA 95811
Thursday, November 16, 2017
10:00 A.M.
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. The Commission may take action on any item listed on this agenda.
Commissioner Hatch will attend this meeting of the Commission via teleconference from:
Kaanapali Beach Club
104 Kaanapali Shores Place
Maui, HI 96761
8:00 a.m. UTC-10:00 Hawaii-Aleutian Time
Welcome
Jodi Remke, FPPC 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
3-35. Enforcement - Consent Calendar
Conflicts of Interest/Gift Non-Reporting
3. In the Matter of Eric Mar; FPPC No. 15/2201. Staff: Assistant Chief of Enforcement Dave Bainbridge and Special Investigator George Aradi. Eric Mar, a former San Francisco County Supervisor, failed to disclose gifts from the concert promoter on his 2011-2015 Annual Statements of Economic Interests, in violation of Government Code Section 87203 and 87207, subdivision (a) (5 counts). Mar sponsored and voted in favor of a resolution before the San Francisco Board of Supervisors to extend a permit for a concert on county property when he had received gifts that exceeded the state gift limit from the concert promoter within 12 months of the decisions, in violation of Government Code Section 87100 (1 count). The proposed settlement in this case was prepared in coordination with the San Francisco Ethics Commission, which imposed a penalty at its October 2017 meeting of $16,690.50 against Mar for violating a local San Francisco ordinance prohibiting public officials from receiving gifts of more than $25 from persons who contract with the official’s agency. The gifts in the San Francisco Ethics Commission action were the same gifts at issue in this case. Total FPPC Proposed Penalty: $9,500.
Campaign Non-Filer
4. In the Matter of Committee to Elect Glenn Miller to State Senate 2014, Glenn Miller, and Steffani Miller; FPPC No. 16/0503 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Teri Rindahl. Glenn Miller was an unsuccessful candidate in the June 3, 2014 Primary Election. Committee to Elect Glenn Miller to State Senate 2014 was his candidate-controlled committee. Steffani Miller was the Committee’s treasurer. The Committee, Miller, and Miller failed to timely file twenty 24-Hour Reports, in violation of Government Code Section 84203 (20 counts). Total Proposed Penalty: $4,825
5. In the Matter of Janice Keating for Assembly 2010, Janice Keating, and Jeff Perine; FPPC No. 16/19743 (Streamline Settlement). Staff: Commission Counsel Christopher Burton and Political Reform Consultant Teri Rindahl. Janice Keating was a unsuccessful candidate for the California State Assembly, District 25, in the June 8, 2010 Primary Election. Janice Keating for Assembly 2010 is her candidate-controlled committee. Jeff Perine is the Committee’s treasurer. The Committee, Keating, and Perine failed to timely file five semiannual campaign statements covering the reporting period of July 1, 2014 to December 31, 2016 electronically, in violation of Government Code Section 84200, subdivision (a) and 84605, subdivision (a)(1) (5 counts). Total Proposed Penalty: $4,001.
6. In the Matter of Committee to Elect Ron Gillis and Ronald E. Gillis; FPPC No. 16/278. Staff: Commission Counsel Christopher Burton and Political Reform Consultant Chloe Hackert. Ronald E. Gillis was a successful candidate for Santa Clarita Community College District Board of Trustees in the November 4, 2003 General Election. Committee to Elect Ron Gillis was his candidate-controlled committee. The Committee and Gillis failed to timely file four semiannual campaign statements covering the reporting period of July 1, 2015 through July 31, 2017, in violation of Government Code Section 84200, subdivision (a) (2 counts). Total Proposed Penalty: $4,000.
7. In the Matter of AFT College Guild – Los Angeles and Velma J. Butler; FPPC No. 17/613 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. AFT College Guild – Los Angeles is a state general purpose committee. Velma J. Butler is the Committee’s treasurer. The Committee and Butler failed to timely file three 24-Hour Reports by their respective due dates, in violation of Government Code Section 84203 (3 counts); and failed to timely file one pre-election campaign statement for the reporting period of January 1, 2014 through May 17, 2014, in violation of Government Code Section 84200.5 (1 count). Total Proposed Penalty: $965.
8. In the Matter of Patino for School Board 2015 and Graciela Patino; FPPC No. 16/19989 (Streamline Settlement). Staff: Commission Counsel Christopher Burton. Graciela Patino was an unsuccessful candidate for the Inglewood Unified School District Board of Education in the June 16, 2015 Primary Election. Patino for School Board 2015 was her candidate-controlled committee. The Committee and Patino failed to timely file two semiannual campaign statements covering the reporting periods of May 31, 2015 to December 31, 2015, in violation of Government Code Section 84200, subdivision (a) (2 counts); and two 24-Hour Reports, in violation of Government Code Section 84203 (2 counts). Total Proposed Penalty: $894.
9. In the Matter of Committee to Re-Elect Ben Drake to Rancho California Water District 2017, Ben Drake, and Kathleen Hammond; FPPC No. 17/946 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Intake Manager Tara Stock. Ben Drake was a successful candidate for Director of the Rancho California Water District in the August 29, 2017 Special Election. Committee to Re-Elect Ben Drake to Rancho California Water District 2017 is his candidate-controlled committee. Kathleen Hammond is the Committee’s treasurer. The Committee and Hammond failed to timely file one pre-election campaign statement for the reporting period of July 16, 2017 through August 12, 2017, in violation of Government Code Section 84200.5 (1 count), and two 24-Hour Reports, in violation of Government Code Section 84203 (2 counts). Total Proposed Penalty: $700.
10. In the Matter of David Miller for CalPERS 2014 and David Miller; FPPC No. 16/777 (Streamline Settlement). Staff: Commission Counsel Theresa Gilbertson and Program Specialist Patricia Ballantyne. David Miller was the unsuccessful candidate for the CalPERS Board of Administration in the September 29, 2014 CalPERS election. David Miller for CalPERS 2014 was his candidate-controlled committee. The Committee and Miller failed to timely file one pre-election statement for the reporting period of August 25, 2014 to September 24, 2014 in violation of Government Code Section 84200.9 (1 count). Total Proposed Penalty: $446.
11. In the Matter of Tankersley 2016 Election Committee, Tankersley for San Gorgonio Memorial Healthcare District and Dennis Tankersley; FPPC No. 17/0334 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Teri Rindahl. Dennis Tankersley was a successful candidate in November 8, 2016 General Election. Tankersley 2016 Election Committee, Tankersley for San Gorgonio Memorial Healthcare District was his candidate-controlled committee. The Committee and Tankersley failed to timely file one pre-election statement covering the reporting period of January 1, 2016 through September 24, 2016, in violation of Government Code Section 84200.5. (1 count), and failed to timely disclose expenditures on the pre-election statement covering the reporting period of January 1, 2016 through October 22, 2016, in violation of Government Code Section 84211 subdivisions (k) (1 count). Total Proposed Penalty: $407.
12. In the Matter of Committee for Competition and Economic Growth Controlled by Senator Gaines, Kelly A. Lawler, and Michael A. Price; FPPC No. 17/616 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Staff Services Analyst Hayley Porter. This matter arose from an audit preformed by the Franchise Tax Board’s Political Reform Audit Program. Edward “Ted” M. Gaines was a successful candidate for Senator in the November 6, 2012 General Election. Committee for Economic Growth Controlled by Senator Gaines was his candidate-controlled committee in opposition of Proposition 45 on the November 4, 2014 General Election Ballot. The Committee, Lawler, and Price failed to timely file one 24-Hour Report, in violation of Government Code Section 84203 (1 count). Total Proposed Penalty: $300.
Committee for Competition and Economic Growth - Stip
13. In the Matter of Rodriguez for City Council 2016, Jose Rodriguez, and Sandra Rodriguez; FPPC No. 17/358 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Intake Manager Tara Stock. Jose Rodriguez was an unsuccessful City Council Candidate for National City in the November 8, 2016 General Election. Rodriguez for City Council 2016 is his candidate-controlled committee. Sandra Rodriguez is the Committee’s treasurer. The Committee and Rodriguez failed to timely file one semiannual campaign statement for the reporting period of October 23, 2016 through December 31, 2016, in violation of Government Code Section 84200 (1 count). Total Proposed Penalty: $211.
Campaign Non-Reporting
14. In the Matter of Pam Bertani for Solano County Supervisor 2014 and Pam Bertani; FPPC No. 14/1112 (Default Decision). Staff: Senior Commission Counsel Bridgette Castillo, Special Investigator Kelli Gould, and Staff Services Analyst Dominika Wojenska. Pam Bertani was a successful candidate for Solano County Board of Supervisors in the June 3, 2014 Primary Election and an unsuccessful candidate in the November 4, 2014 General Election. Bertani has been a member of the Fairfield City Council since 2011. Pam Bertani for Solano County Supervisor 2014 was her candidate-controlled committee. The Committee and Bertani failed to timely disclose contributions, expenditures, and contributor information on two pre-election and one semiannual campaign statements for the reporting periods of January 1, 2014 through June 30, 2014, in violation of Government Code Section 84211, subdivisions (a)-(f) (3 counts); and failed to timely file three 24-Hour Reports, in violation of Government Code Sections 84203 and 84203.3 (3 counts). Total Proposed Penalty: $18,500.
15. In the Matter of JOBSPAC, A BI-PARTISAN COALITION OF CALIFORNIA EMPLOYERS; FPPC No. 17/1087. Staff: Commission Counsel Michael W. Hamilton and Program Specialist Patricia Ballantyne. JOBSPAC, A BI-PARTISAN COALITION OF CALIFORNIA EMPLOYERS is a state general purpose committee. In 2012, the Committee failed to timely disclose making in-kind contributions on the pre-election campaign statement covering the reporting period of July 1, 2012 through September 30, 2012; and on the semiannual campaign statement covering the reporting period of October 21, 2012 through December 31, 2012, in violation of Government Code Section 84211 subdivisions (b), (i), and (k) (2 counts). Total Proposed Penalty: $5,000.
16. In the Matter of Committee Against Measure Z, Tim Flynn, and Nicole Godoy, FPPC No. 15/2257 (Streamline Settlement). Staff: Commission Counsel Theresa Gilbertson and Special Investigator Marshall Miller.Committee Against Measure Z was a primarily formed committee to oppose a Measure Z in the City of Mammoth Lakes on the October 6, 2015 Special Election. Tim Flynn and Nicole Godoy were the Committee’s treasurers. The Committee, Flynn, and Godoy failed to timely file one pre-election statement for the reporting period of August 23, 2015 to September 19, 2015, in violation of Government Code Section 84200.5 (1 count); failed to timely disclose receiving $3,284 in contributions on the semiannual campaign statement covering the reporting period of September 20, 2015 to December 31, 2015, in violation of Government Code Section 84211 (1 count), and failed to timely file a 24-Hour Report, in violation of Government Code Section 84203 (1 count). Total Proposed Penalty: $677.
17. In the Matter of Committee to Elect Christian Legaspi for Public Administrator 2014 and Christian Legaspi; FPPC No. 17/408 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Staff Services Analyst Dominika Wojenska. Christian Legaspi was an unsuccessful candidate for Imperial County Public Administrator in the June 3, 2014 Primary Election. Committee to Elect Christian Legaspi for Public Administrator 2014 is his candidate-controlled committee. The Committee and Legaspi failed to timely disclose contributions and expenditures on two pre-election campaign statements covering the reporting periods of January 1, 2014 through June 30, 2014, in violation of Government Code Section 84211 (2 counts). Total Proposed Penalty: $501.
18. In the Matter of Freemon for School Board, Jennifer Freemon, and Gloria Martin; FPPC No. 16/272 (Streamline Settlement). Staff: Commission Counsel Theresa Gilbertson. Jennifer Freemon was a successful candidate for the Glendale Unified School District Board of Education in the April 7, 2015 Special Election. Freemon for School Board was her candidate-controlled committee. Gloria Martin served as the Committee’s treasurer. The Committee, Freemon, and Martin failed to timely report contributions of $100 or more on one pre-election statement for the reporting period of February 21, 2015 to March 21, 2015 and on one semiannual statement for the reporting period of March 22, 2015 to June 30, 2015, in violation of Government Code 84211 (2 counts). Total Proposed Penalty: $421.
Statement of Economic Interests Non-Filer
19. In the Matter of Sandeep Grewal; FPPC No. 15/034 (Default Decision). Staff: Commission Counsel Theresa Gilbertson. Sandeep Grewal served as Commissioner for the City of Delano Planning Commission from July 13, 2011 through June 6, 2016. Grewal failed to timely file Annual Statements of Economic Interests for the years of 2013 and 2015, in violation of Government Code Section 87203 (2 counts). Total Proposed Penalty: $8,000.
20. In the Matter of Sam Ramirez; FPPC No. 15/1169 (Default Decision). Staff Commission Counsel Michael W. Hamilton and Staff Services Analyst Dominika Wojenska. Sam Ramirez failed to timely file a Leaving Office Statement of Economic Interests within thirty days of leaving his position of Delano City Councilmember on December 4, 2012, in violation of Government Code Section 87204. (1 count). Additionally, Ramirez served as a Senior Field Representative for State Assemblyman Steve Fox of the Thirty-Sixth State Assembly District from August 12, 2013 through January 2, 2015. As a designated employee, Ramirez failed to timely file a combined Annual/Leaving Office Statement of Economic Interests within thirty days of leaving office by the February 2, 2015 deadline, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $7,000.
21. In the Matter of Andrew Klompus; FPPC No. 16/014 (Streamline Stipulation). Staff: Commission Counsel Theresa Gilbertson and Political Reform Consultant Teri Rindahl. Andrew Klompus, Consultant for the Mental Health Department of Santa Clara County, failed to timely file Annual Statements of Economic Interests for the years of 2011 through 2014 and failed to timely file a Leaving Office Statement of Economic Interests in violation of Government Code Section 87300 (5 counts). Total Proposed Penalty: $3,000.
22. In the Matter of Ryan Stephens; FPPC No. 16/598 (Streamline Settlement). Staff: Commission Counsel Christopher Burton and Political Reform Consultant Teri Rindahl. Ryan Stephens, a former Planning Commissioner for the City of Grand Terrace, failed to timely file his 2014 and 2015 Annual Statements of Economic Interests, in violation of Government Section Code 87203 (2 counts) and a Leaving Office Statement of Economic Interests, in violation of Government Code Section 87204 (1 count). Total Proposed Penalty: $600.
23. In the Matter of Ying Ku; FPPC No. 16/248 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Ying Ku, as a Senior Systems Analyst II of the Department of Housing and Community Investment for the City of Los Angeles, failed to timely file a 2014 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.
24. In the Matter of John “Tim” Scott; FPPC No. 16/599 (Streamline Settlement). Staff: Chief of Enforcement Galena West, Intake Manager Tara Stock and Staff Services Analyst Katie Trumbly. John “Tim” Scott, a Commissioner on the Rolling Hills Estates Planning Commission, failed to timely file his 2013 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Total Proposed Penalty: $200.
25. In the Matter of Jeffrey Davis; FPPC No. 17/674 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Enforcement Intake Manager Tara Stock. Jeffrey Davis, a former Commissioner on the Homeless Commission for the City of Berkeley, failed to timely file a Leaving Office Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.
26. In the Matter of Tim Almond; FPPC No. 17/752 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Enforcement Intake Manager Tara Stock. Tim Almond, a Consultant for the City of San Jose, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.
27. In the Matter of Christopher Decareau; FPPC No. 17/751 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Enforcement Intake Manager Tara Stock. Christopher Decareau, a Consultant for the City of San Jose, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.
28. In the Matter of Daniel Fiorio; FPPC No. 17/932 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Daniel Fiorio, an Alternate Commissioner of the California Pepper Commission, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.
29. In the Matter of Travis Gibbs; FPPC No. 17/975 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Travis Gibbs, as Legal Counsel for the Transbay Join Powers Authority, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.
30. In the Matter of Teresa Holoman; FPPC No. 17/995 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Teresa Holoman, Board Member of the Voting Modernization Board, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.
31. In the Matter of Carl Schuster; FPPC No. 17/997 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Carl Schuster, as a Commissioner of the California Travel & Tourism Commission d.b.a Visit California, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.
32. In the Matter of Carole Goldsmith; FPPC No. 17/999 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Carole Goldsmith, as a former Board Member of the California Partnership for the San Joaquin Valley, failed to timely file a 2016 Annual Statement of Economic Interest, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.
33. In the Matter of Alison Bernstein; FPPC No. 17/1078 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Alison Bernstein, as a Commissioner of the Police Review Commission for the City of Berkeley, failed to timely file a Leaving Office Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.
34. In the Matter of William Hofferber; FPPC No. 17/1157 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. William Hofferber, as a Planning Commissioner of the City of Jurpua Valley, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Total Proposed Penalty: $200.
Statement of Economic Interests Non-Reporter
35. In the Matter of Timothy O’Donnell; FPPC No. 15/1344 (Streamline Settlement). Staff: Senior Commission Counsel Neal Bucknell, Special Investigator George Aradi, and Program Specialist Grant Beauchamp. Timothy O’Donnell, as City Manager for the City of Brea, failed to disclose Cadway, Inc. as a source of income of $500 or more on his 2011-2014 Annual Statements of Economic Interests and on his Leaving Office Statement of Economic Interests, in violation of Government Code Section 87207 (5 counts). Total Proposed Penalty: $500.
36-41. General Items
36. Adoption of Amendment to Regulation 18531.5 and Approval of Campaign Manual 4 and Recall Fact Sheet. Staff: Zachary Norton, Senior Counsel, Legal Division. Staff proposes to amend Regulation 18531.5 and to update Campaign Manual 4 and the Recall Fact Sheet consistent with the Rios Opinion, No. O-17-001, to permit a state candidate to contribute unlimited funds to a recall committee controlled by another state candidate to oppose his or her recall. Staff also proposes updates to Campaign Manual 4 unrelated to the Rios Opinion.
Proposed Amendment to Regulation 18531.5
37. Adoption of the 2017/2018 Statement of Economic Interests, Form 700 and related documents. Staff: Courtney Miller, External Affairs and Education Division Manager. Forms and related documents have been revised to reflect current dates and filing deadlines.
Form 700 Reference Pamphlet 2017/2018
38. Disclose Act Implementation and Timeline. (Information Item) Staff: Erin Peth, Executive Director. Governor Brown signed AB 249 (the Disclose Act) and substantive provisions of the bill go into effect on January 1, 2018. FPPC staff has begun implementing the legislation and efforts will continue in the coming months. The memo summarizes the implementation plan for AB 249.
39. Appointments to Ad Hoc Committee Regarding Statement of Governance Principles. (Information Item) At the October 19, 2017 meeting, the Commission voted to establish an ad hoc committee composed of two members of the Commission, appointed by the Chair, to review the Commission’s Statement Of Governance Principles and prepare a report recommending any potential revisions. The following two members have been appointed and agreed to serve: Commissioner Hayward (Chair) and Commissioner Hatch.
40. Executive Staff Reports. (Information Item)
Enforcement Division. Galena West, Enforcement Chief
Legal Division. Jack Woodside, General Counsel
External Affairs and Education. Courtney Miller, Manager
November 2017 Executive Staff Reports
41. Proposed Future Agenda Items.
Note: The Commission may not discuss or take action on any matter raised during public comment 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
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. E-mail comment letters directly to CommAsst@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 at the meeting and 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 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 or CommAsst@fppc.ca.gov 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.