December 2018 Agenda

NOTICE AND AGENDA

Commission Meeting

California Fair Political Practices Commission

1102 Q Street, Suite 3000
Sacramento, CA 95811

Thursday, December 20, 2018
10:00 A.M.

View Agenda as PDF

 

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.

Welcome

Alice Germond, 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

3-31. 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 San Francisco Bay Area Rapid Transit District (BART); FPPC No. 16/19959. Staff: Commission Counsel Ruth Yang and Special Investigator Garrett Micheels. The San Francisco Bay Area Rapid Transit District (BART) is a public transportation system that serves the San Francisco Bay Area. BART was represented by BART General Counsel Matthew Burrows. BART used YouTube videos, social media posts, and text messages to promote Measure RR, which authorized BART to issue $3.5 billion in general obligation bonds, causing them to qualify as an independent expenditure committee. BART failed to timely file two late independent expenditure reports in the 90-day period preceding the November 8, 2016 General Election, in violation of Government Code Section 84204 (1 count); failed to timely file a semi-annual campaign statement for the period covering July 1, 2016 through December 31, 2016, in violation of Government Code Section 84200, subdivision (b) (1 count); and failed to include a proper disclosure statement in its electronic media advertisements, in violation of Government Code Section 84506, subdivision (a) (1 count). Total Proposed Penalty: $7,500. 

BART - Stip

Advertisements

4. In the Matter of Southwest Teachers Association PAC, Ben Swearingen, and Michelle Gates; FPPC No. 17/403. Staff: Senior Commission Counsel Christopher Burton. The respondents were represented by Aaron Lawrence of Reich, Adell & Cvitan. Southwest Teachers Association PAC is a county general purpose committee that engaged in political activity during the November 8, 2016 General Election. Ben Swearingen is the Committee’s principal officer and Michelle Gates is the Committee’s treasurer. The Committee, Swearingen, and Gates failed to timely file a preelection campaign statement for the reporting period of July 1, 2016 through October 22, 2016, in violation of Government Code Sections 84200.5, subdivision (c), and 84200.8, subdivision (b) (1 count). During that time, the committee failed to timely report four late independent expenditures on 24-hour independent expenditure reports, in violation of Section 84204 (1 count). The committee also failed to include the required “Paid for by” phrase and committee name on a billboard advertisement and failed to print a disclosure statement that met the applicable sizing requirements on a banner advertisement, in violation of Government Code Sections 84506 and 84506.5, and Regulation 18450.4 (1 count). Total Proposed Penalty: $6,500.

Southwest Teachers - Stip

5. In the Matter of Coalition to Preserve LA, Sponsored by the AIDS Healthcare Foundation, Yes on S, Michael Weinstein, Peter Reis, and Gerard Kenslea; FPPC No. 17/0088. Staff: Commission Counsel Theresa Gilbertson and Special Investigator Garrett Micheels. Coalition to Preserve LA, sponsored by the AIDS Healthcare Foundation, Yes on S, was a primarily formed ballot measure committee created to support Measure S, which appeared on the ballot in the March 7, 2017 Special Election. Michael Weinstein, Peter Reis, and Gerard Kenslea served as the Committee’s principal officers. The Committee, Weinstein, Reis, and Kenslea failed to print “Paid for by” and disclose the name of the Committee on a billboard advertisement, in violation of Government Code Section 84504, subdivision (c) (1 count). Total Proposed Penalty: $2,500. 

Coaltion to Preserve LA - Stip

6. In the Matter of San Bernardino Residents for Responsible Local Government, a Committee Opposing Valdivia for Mayor 2018, and Corey Addison; FPPC No. 18/321. Staff: Senior Commission Counsel Christopher Burton, Special Investigator Lance Hachigian, and Law Clerk Kirin Jessel. San Bernardino Residents for Responsible Local Government, a Committee Opposing Valdivia for Mayor 2018 is a primarily formed committee created to oppose John Valdivia, a candidate for Mayor of San Bernardino in the June 5, 2018 Primary and November 6, 2018 General Election. Corey Addison is the Committee’s principal officer. The Committee and Addison paid for mailer advertisements that did not include the correct name of the Committee, required “Paid for by” phrase, or disclosure that the mailer was not authorized by a candidate or candidate-controlled committee; and failed to place the disclosures in a printed or drawn box, in violation of Government Code Sections 84502, 84504.2, subdivision (a), and 84506.5 (1 count). Total Proposed Penalty: $2,500.

San Bernardino Residents - Stip

Campaign Non-Filer

7. In the Matter of Los Angeles League of Conservation Voters; FPPC No. 16/19925. Staff: Commission Counsel Ruth Yang and Special Investigator Roone Petersen. Los Angeles League of Conservation Voters is a county general purpose committee. The Committee failed to timely file two pre-election campaign statements for the reporting periods of January 1, 2016 through October 22, 2016, in violation of Government Code Section 84200.5, subdivision (c) (2 counts); and three semi-annual campaign statements for the reporting periods of May 22, 2016 through June 30, 2017, in violation of Government Code section 84200, subdivision (a) (1 count). The committee also failed to timely file twenty 24-hour contribution reports, in violation of Government Code Section 84203 (3 counts). Total Proposed Penalty: $13,500.  

LA Leage of Conservation - Stip

8. In the Matter of Californians for Better Jobs and Education, Paul Fickas, and Rita Copeland; FPPC Case No. 18/1253. Staff: Senior Commission Counsel Neal Bucknell, Special Investigator George Aradi, and Program Specialist Patricia Ballantyne. The respondents were represented by Marcus Allen Frishman. Californians for Better Jobs and Education is a state general-purpose committee. Paul Fickas is the principal officer and Rita Copeland is the committee’s treasurer. The Committee, Fickas and Copeland failed to timely file two 24-hour contribution reports regarding the making of non-monetary contributions that improperly were reported as independent expenditures, in violation of Government Code Section 84203, subdivisions (a) and (b) (1 count) and improperly reported those non-monetary contributions as independent expenditures on a pre-election campaign statement for the reporting period of July 1, 2013 through October 19, 2013, in violation of Government Code Section 84211, subdivisions (b), (i), and (k) (1 count). Additionally, in October 2013 and 2014, the committee, Fickas and Copeland failed to timely file eleven 24-hour independent expenditure reports, in violation of Government Code Section 84204 (2 counts). Total Proposed Penalty: $7,000. 

Californians for Better Jobs - Stip

9. In the Matter of Campaign to Elect Jim Gallagher to Chino Hills City Council 2016, James Gallagher, and Kathryn A. Gallagher; FPPC No. 17/20079 (Streamline Settlement). Staff: Senior Commission Counsel Christopher Burton and Special Investigator Marshall Miller. Jim Gallagher was an unsuccessful candidate for Chino Hills City Council, in the November 8, 2016 General Election. Campaign to Elect Jim Gallagher to Chino Hills City Council 2016 was his candidate controlled committee. Kathryn A. Gallagher was the committee’s treasurer. The Committee, James Gallagher, and Kathryn A. Gallagher failed to timely file seven 24-hour contribution reports, in violation of Section 84203 (7 counts). The committee also failed to timely report expenditures on two preelection, and two semiannual campaign statements, in violation of Government Code Section 84211, subdivisions (b), (i), (j), and (k) (4 counts). Total Proposed Penalty: $2,656. 

Gallagher - Stip

10. In the Matter of Ramona Landeros for School Board 2016, Ramona Landeros, and Cesar Garcia; FPPC No. 16/19700 (Streamline Settlement). Staff: Commission Counsel Ruth Yang. Ramona Landeros was a successful candidate for the Twin Rivers Unified School District Board of Trustees. Ramona Landeros for School Board 2016 was her candidate-controlled committee. Cesar Garcia was committee’s treasurer. The Committee and Landeros failed to timely file a pre-election campaign statement for the reporting period of January 1, 2016 through May 21, 2016, in violation of Government Code Section 84200.5 (1 count) and two semi-annual campaign statements for the reporting periods of May 22, 2016 through June 30, 2016 and July 1, 2016 through December 31, 2016, in violation of Government Code Section 84200 (2 counts). Total Proposed Penalty: $2,433. 

Landeros - Stip

11. In the Matter of George Ting for El Camino Healthcare District Election Committee 2018 and George Ting; FPPC No. 18/1195 (Streamline Settlement). Staff: Senior Commission Counsel Angela Brereton and Special Investigator Lance Hachigian. Dr. George Ting was a successful candidate for the El Camino Healthcare District Board of Directors in the November 6, 2018 General Election. George Ting for El Camino Healthcare District Election Committee 2018 is his candidate-controlled committee. The Committee and Ting failed to timely file one Form 470 Supplemental campaign statement, in violation of Government Code Section 84206 (1 count); and seven 24-hour contribution reports, in violation of Government Code Section 84203 (7 counts). Total Proposed Penalty: $2,069.  

Ting - Stip

12. In the Matter of Alton Wright for Supervisor 2018 and Alton Wright; FPPC No. 18/302 (Streamline Settlement). Staff: Senior Commission Counsel Bridgette Castillo and Special Investigator Roone Peterson. Wright was a successful candidate for Yuba County Board of Supervisors in the June 5, 2018 Primary Election, but unsuccessful in the November 6, 2018 General Election. Alton Wright for Supervisor 2018 was his candidate-controlled committee. The Committee and Wright failed to timely file three 24-hour contribution reports, in violation of Government Code Section 84203 (3 counts), and failed to timely and properly disclose the required occupation, employer and street addresses on a pre-election campaign statement for the reporting period of January 1, 2018, through April 21, 2018, in violation of Government Code Section 84211 (1 count). Total Proposed Penalty: $890 

Wright - Stip

13. In the Matter of Steve Fox for Assembly 2016, Steve G. Fox, and Sharon Fox; FPPC No. 18/763 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. Steve G. Fox was an unsuccessful candidate for Assembly in the November 8, 2016 General Election. Steve Fox for Assembly 2016 was his candidate-controlled committee. Sharon Fox was the Committee’s treasurer. The Committee, Steve G. Fox, and Sharon Fox failed to report contributions received on campaign statements for the reporting periods of July 1, 2015 through September 24, 2016, and failed to report expenditures made on campaign statements for the reporting periods of July 1, 2016 through October 22, 2016, in violation of Government Code Section 84211 (2 counts). Total Proposed Penalty: $694. 

Fox - Stip

14. In the Matter of Francisco R. Garcia for Twin Rivers School Board Area #7, Francisco R. Garcia, and Margie Cisneros-Garcia, FPPC No. 16/595 (Streamline Settlement).  Staff: Commission Counsel Theresa Gilbertson and Associate Governmental Program Analyst Dominika Wojenska. Francisco Garcia was an unsuccessful candidate for Twin Rivers School Board Area #7, in the June 7, 2016 General Election. Margie Cisneros-Garcia served as the committee’s treasurer. The Committee, Garcia, and Cisneros-Garcia failed to timely file a pre-election campaign statement for the reporting period of April 24, 2016 through May 21, 2016, in violation of Government Code Section 84200.5 (1 count). Total Proposed Penalty: $874. 

Garcia - Stip

15. In the Matter of Santa Clara Police Association Political Action Committee, Frank Saunders, and Earl Amos; FPPC No. 16/20114 (Streamline Settlement). Staff: Senior Commission Counsel Christopher Burton and Special Investigator Jay Martin. The respondents were represented by Bianca Pirayou. Santa Clara Police Association Political Action Committee is a county general purpose committee. Earl Amos is the committee’s principle officer and Frank Saunders is the committee’s treasurer. The Committee, Saunders, and Amos failed to timely file a semiannual campaign statement for the reporting period of January 1, 2016 through June 30, 2016, in violation of Government Code Section 84200, subdivision (a) (1 count); and a 24-hour independent expenditure report for a late independent expenditure received on October 19, 2016, in violation of Government Code Section 84204 (1 count). Total Proposed Penalty: $478. 

Santa Clara Police Assn. - Stip

16. In the Matter of Friends of DeLuz for Natomas School Board 2016 and David DeLuz; FPPC No. 17/183 (Streamline Settlement). Staff: Commission Council Ruth Yang. David DeLuz was an unsuccessful candidate for the Natomas Unified School District Board of Trustees, in the November 8, 2016 election. Friends of DeLuz for Natomas School Board 2016 was his candidate-controlled committee. The Committee and DeLuz failed to timely file two semi-annual campaign statements for the reporting period of October 23, 2016 through December 31, 2016 and January 1, 2017 through June 30, 2017, in violation of Government Code Section 84200 (2 counts). Total Proposed Penalty: $414. 

DeLuz - Stip

17. In the Matter of Theresa Keng for Fremont City Council District 1, Teresa Keng, and Robert Keng; FPPC No. 18/864 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Teresa Keng was a successful candidate for Councilmember of Fremont in the November 6, 2018 General Election. Teresa Keng for Fremont City Council District 1 is her candidate controlled committee. Robert Keng is the committee’s treasurer. The Committee, Teresa Keng and Robert Keng, failed to timely file a pre-election campaign statement for the reporting period of July 1, 2018 through September 22, 2018, in violation of Government Code Section 84200.5 (1 count). Total Proposed Penalty: $395.  

Keng - Stip

18. In the Matter of Elect Stephanie Houston for San Bernardino Community College District Area 6 2018 and Stephanie Houston; FPPC No. 18/1020 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Stephanie Houston was a successful candidate for Trustee of the San Bernardino Community College District in the November 6, 2018 General Election. Elect Stephanie Houston for San Bernardino Community College District Area 6 2018 was her candidate controlled committee. The Committee and Houston failed to timely file a pre-election campaign statement for the reporting period of July 1, 2018 through September 22, 2018, in violation of Government Code Section 84200.5 (1 count). Total Proposed Penalty: $250.   

Houston - Stip

19. In the Matter of Cesar Lara for SVMH Board, Cesar Lara, and Patricia Lara; FPPC No. 18/819 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Cesar Lara was an unsuccessful candidate for Salinas Valley Memorial Hospital Board Member in the November 6, 2018 General Election. Cesar Lara for SVMH Board was his candidate controlled committee. Patricia Lara was the committee’s treasurer. The Committee, Lara, and Lara failed to timely file one 24-hour contribution report, in violation of Government Code Section 84203 (1 count). Total Proposed Penalty: $250. 

Lara - Stip

20. In the Matter of the People to Elect Ron Hanover for Sheriff 2018, Ron Hanover, and Virginia Breeden Fritch; FPPC No. 18/825 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Ron Hanover was an unsuccessful candidate for Sheriff of Trinity County in the November 6, 2018 General Election. The People to Elect Ron Hanover for Sheriff 2018 was his candidate-controlled committee. Virginia Breeden was the Committee’s treasurer. The Committee, Hanover, and Breeden failed to timely file a pre-election campaign statement for the reporting period of July 1, 2018 through September 22, 2018, in violation of Government Code Section 84200.5 (1 count). Total Proposed Penalty: $223. 

Hanover - Stip

21. In the Matter of Brandon A. Wood 4 Trustee 2014, Brandon A. Wood, and William S. Wood; FPPC No. 18/888 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Brandon A. Wood was a successful candidate for the Victor Valley Community College Board of Trustees in the November 6, 2018 General Election. Brandon A. Wood for Trustee 2014 was his candidate-controlled committee. William S. Wood was the committee’s treasurer. The Committee, Brandon Wood, and William Wood failed to timely file a pre-election campaign statement for the reporting period of July 1, 2018 through September 22, 2018, in violation of Government Code Section 84200.5 (1 count). Total Proposed Penalty: $217.  

Wood - Stip

22. In the Matter of Paul Anthony Courtney; FPPC No. 18/1107 (Streamline Settlement). Staff: Commission Counsel Theresa Gilbertson. Paul Anthony Courtney qualified as an independent expenditure committee, having spent over $1,000 in independent expenditures opposing Measure Q for the City of Barstow, a local ballot measure during the November 6, 2018 General Election. Courtney failed to timely file a 24-hour independent expenditure report, in violation of Government Code Section 84204 (1 count.) Total Proposed Penalty: $215. 

Courtney - Stip

23. In the Matter of Elect Tami Moore for Oak Grove School District Board 2018 and Tami C. Moore; FPPC No. 18/1219 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Tami C. Moore was an unsuccessful candidate for Board Member of the Oak Grove School District in the November 6, 2018 General Election. Elect Tami Moore for Oak Grove School District Board 2018 is her candidate-controlled committee. The Committee and Moore failed to timely file a pre-election campaign statement for the reporting period of September 23, 2018 through October 20, 2018, in violation of Government Code Section 84200.5 (1 count). Total Proposed Penalty: $212.  

Moore - Stip

24. In the Matter of Kumar for Council 2018, Rishi Kumar, Surya Hotha, and Seema Kumar; FPPC No. 18/1103. Staff: Commission Counsel Ruth Yang. Rishi Kumar was a successful candidate for Saratoga City Council. Kumar for Council 2018 is his candidate-controlled committee. Surya Hotha is the committee’s treasurer, and Seema Kumar is the committee’s principal officer. The Committee, R. Kumar, Hotha, and S. Kumar failed to timely file a 24-hour contribution report, in violation of Government Code Section 84203 (1 count). Total Proposed Penalty: $210.  

Kumar - Stip

Campaign Non-Reporter

25. In the Matter of Safe and Clean Neighborhoods for Kids – Yes on B and Christina Gilbert; FPPC No. 18/1083 (Streamline Settlement). Staff: Commission Counsel Theresa Gilbertson and Special Investigator Roone Petersen. Safe and Clean Neighborhoods for Kids – Yes on B is a local primarily formed committee, which appeared on the ballot in the November 6, 2018 General Election in San Joaquin County. Christina Gilbert was the committee’s treasurer. The Committee and Gilbert failed to timely report a contribution on a pre-election campaign statement for the reporting period of July 1, 2018 through September 22, 2018, in violation of Government Code Section 84211 (1 count). Total Proposed Penalty: $216. 

Safe and Clean Neighborhoods - Stip

Statement of Economic Interest Non-Filer

26. In the Matter of Jose Luis Rocha; FPPC Case No. 17/907 (Streamline Settlement). Staff:  Commission Counsel Michael W. Hamilton. Jose Luis Rocha, alternate member of the California Strawberry Commission, failed to timely file his Assuming Office Statement of Economic Interests and 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87300. Total Proposed Penalty: $400. 

Rocha - Stip

27. In the Matter of Daniel Flores; FPPC No. 18/839 (Streamline Settlement). Staff: Commission Counsel Theresa Gilbertson and Special Investigator Ann Flaherty. Daniel Flores, Director of Maintenance, Operations, and Transportation for the Alum Rock Union Elementary School District, failed to timely file an Annual Statement of Economic Interests for the years 2015 and 2016, in violation of Government Code Section 87300 (2 counts). Total Proposed Penalty: $400.

Flores - Stip

28. In the Matter of Lori Ramos Chavez; FPPC No. 16/20063 (Streamline Settlement). Staff: Commission Counsel Megan Van Arsdale. Lori Ramos Chavez (formerly Lori Ramos Ehrlich), an Alternate Member of Community Corrections Partnership and Re-Entry Network for the County of Santa Clara, failed to timely file a 2015 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $400. 

Chavez - Stip

29. In the Matter of Candice Bailey; FPPC No. 18/538 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Candice Bailey, a Council Member of the Early Care and Education Planning Council for the Board of Supervisors of El Dorado County, failed to timely file a 2017Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.  

Bailey - Stip

SEI Non-Reporter

30. In the Matter of David Bonaccorsi; FPPC No. 18/785 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. The respondent was represented by Michael Columbo. David Bonaccorsi, a Planning Commissioner and City Councilmember for the City of Fremont, failed to timely report his economic interests from clients of $10,000 or more to his law firm, Bernard, Balgley, and Bonaccorsi LLP, on the 2013, 2014, 2016, and 2017 Annual Statement of Economic Interests, in violation of Government Code Section 87207 (4 counts). Total Proposed Penalty: $400. 

Bonaccarsi - Stip

Default Proceedings   

Default Proceedings Requesting Commission Action

31. In the Matter of Ventura County Republican Party and Arkady Milgram, FPPC No. 16/100 (Default Decision). Staff: Senior Commission Counsel Angela Brereton, Commission Counsel Theresa Gilbertson, Special Investigator Jeffrey Kamigaki, and Associate Governmental Program Analyst Dominika Wojenska. Respondent Ventura County Republican Party (“VCRP”) is a political party committee located in Camarillo, CA. Arkady Milgram was the treasurer for VCRP. After service of an Accusation and Notices of Defense filed by VCRP and Milgram, an Administrative Hearing was scheduled with the Office of Administrative Hearings. But on December 6, 2018, after consulting with their legal counsel, VCRP and Milgram withdrew their Notices of Defense, thereby waiving their right to a hearing on the merits of the Accusation. VCRP and Milgram, in June 2010, while acting as the intermediary for two persons, failed to disclose both the intermediary and the original contributor information for $45,000 in contributions, in violation of Government Code Section 84302 (2 counts); and VCRP and Milgram, on or about July 27, 2010, filed an inaccurate campaign statement for the reporting period of June 6 through June 30, 2010, by inaccurately reporting that VCRP made $45,000 in contributions to Strickland for Controller, when it was not the true source of the contributions and was the intermediary for the transactions, in violation of Section 84211, subdivision (k). (1 count). Total Proposed Penalty: $12,000. 

Ventura County Republican Party - Default

Notice of Intent to Present Default Decision and Order at February Commission Meeting

32. In the Matter of Friends of Anna Song for County Board of Education 2016 and Anna Song; FPPC No. 17/107. Staff: Commission Counsel Theresa Gilbertson, Associate Governmental Program Analyst Dominika Wojenska, and Law Clerk Kirin Jessel. Anna Song was elected to and has served on the Santa Clara County Board of Education since 2000. Her current term ends in 2020. Friends of Anna Song for County Board of Education 2016 is her candidate-controlled committee. The Committee and Song failed to timely file two semiannual campaign statements for the reporting periods of July 1, 2016 through December 31, 2016 and January 1, 2017 through June 30, 2017, in violation of Government Code Section 84200. Total Proposed Penalty: $10,000.

33-43. General Items

33. Enforcement Review Task Force.  Task Force Chair Stephen Kaufman and Vice Chair Norman Coppinger. The Enforcement Review Task Force convened and considered the Enforcement Division’s Streamline Program and warning letter protocol. The Task Force will present future recommendations to the Commission. 

34. Prenotice Discussion of Adoption of Regulations 18360.1 and 18360.2 Regarding Enforcement Division’s Streamline Settlement Program. Staff: Galena West, Chief of Enforcement, Ryan P. O’Connor, Counsel, Legal Division. Staff proposes adoption of Regulations 18360.1 and 18360.2. Proposed Regulations 18360.1 and 18360.2 are intended to codify and expand the Commission’s Streamline Settlement Program. In considering Regulations 18360.1 and 18360.2, the Commission may consider any issues pertaining to the implementation of the program, such as the types of violations, the factors for participation, and the penalty amount and structure of the program. The regulations are currently presented for discussion by the Commission. They will be presented for adoption at a subsequent meeting. 

Staff Memo
Proposed Regulation 18360.1
Proposed Regulation 18360.2

Staff Memo - updated
Proposed Regulation 18360.1 (updated 12/19/2018)
Proposed Regulation 18360.2 (updated 12/19/2018)

General Category Examples

35. Adoption of Amendments to Regulation 18756. Staff: General Counsel Dave Bainbridge, Commission Counsel Matthew Christy, and Chief Information Officer Larry Crabtree. Regulation 18756 is being amended to codify the requirement that an agency’s electronic filing system meet the data exchange requirements necessary for the agency’s system to properly function with the Commission’s electronic filing system in order to obtain certification of the agency’s system from the Commission. The amendments would also make technical, non-substantive changes updating the regulation. 

Staff Memo
Proposed Amendments to Regulation 18756

36. Equal Employment Opportunity. Staff: Loressa Hon, Acting Executive Director and Sukhi Brar, Senior Commission Counsel. The last updates to this policy was in 2013. Updates are being presented to match current State rules. 

Equal Employment Opportunity

37. Prohibit Discrimination, Harassment, and Retaliation. Staff: Loressa Hon, Acting Executive Director and Sukhi Brar, Senior Commission Counsel. This policy was updated to include discrimination and retaliation. 

Prohibit Discrimination, Harassment, and Retaliation

38. Legislative Development. Legislative and External Affairs. Phillip Ung, Director. The Commission will review and discuss a report provided by the Legislative Director on potential sponsored legislation. The Commission will also receive an update on the staff’s communications with relevant stakeholders and the Secretary of State on issues authorized at the Commission’s November 2018 Meeting. The Commission may discuss and approve the Law & Policy Committee’s recommendations related to sponsored legislation. The Commission may approve sponsored legislation and direct staff to seek bill authors. The Commission may direct staff to amend bill proposals and provide additional updates or to seek authors.

Staff Memo
Omnibus Nonsubstantive
Minor and Clarifying
Regulation Codification
Separate Bank Account
Principal Officer Signature
Candidate Controlled Ballot Measure Committee
Treasurer Liability Statement
Harassment and Discrimination

39. Committee Updates
Budget and Personnel Committee Update
Law and Policy Committee Update

40. Advice Letter Report and Commission Review. Staff: Dave Bainbridge, General Counsel and Brian Lau, Assistant General Counsel. The Commission may review and discuss advice letters that have been issued since the November Executive Staff Report. The Commission may act to withdraw the advice provided. 

Advice Letter Report

41. Executive Staff Reports.

Enforcement Division. Galena West, Enforcement Chief
Legal Division. David Bainbridge, General Counsel
External Affairs and Education. Deborah Hanephin, Manager 

Executive Staff Report

42. Commissioner Comments and Proposed Future Agenda Items. Note: While a 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).)

43. Closed Session. Personnel Matter (Gov. Code § 11126, subs. (a) and (b); 11126(e)(1).) 

44. Adjourn.

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.