March 2021 Agenda
NOTICE AND AGENDA
Commission Meeting
Fair Political Practices Commission
1102 Q Street, Suite 3800
Sacramento, CA 95811
Thursday, March 18, 2021
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.
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 - Andrew Sandoval
2. Approval of Commission Minutes
February 2021 Minutes (updated 03/16/2021)
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 an advertisement disclosure statement in a magazine advertisement, in violation of Government Code Sections 84506, subdivision (a)(1), and 84507, and Regulation 18450.4, subdivision (b) (1 count); sent prohibited campaign related mass mailings at public expense, in violation of Government Code Section 89001 and Regulation 18901.1 (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: $18,000.
City of Fountain Valley - Stip
Public Comment - Stephen Petzold
Public Comment - Stephen Petzold
Public Comment - Stephen Petzold
Campaign Late Filer
4. In the Matter of Committee to Elect Doug Husen for Corona City Council 2018, Doug Husen, and Maureen Husen; FPPC No. 18/1340. Staff: Jenna C. Rinehart, Commission Counsel. The respondents were represented by Brad J. Husen of the Law Offices of Brad Husen. Doug Husen was an unsuccessful candidate for Corona City Council, District 4, in the November 6, 2018 General Election. Committee to Elect Doug Husen for Corona City Council 2018 was his candidate-controlled committee. Maureen Husen was the Committee’s treasurer. The Committee, Husen, and Husen failed to timely file a preelection campaign statement and a semi-annual campaign statement, in violation of Government Code Sections 84200, 84200.5, and 84200.8 (1 count) and failed to timely file seven 24-hour reports, in violation of Government Code Section 84203 (1 count). Total Proposed Penalty: $4,500.
5. In the Matter of Keith Carson for Alameda County Supervisor-2016, Keith Carson, and Miguel Dwin; FPPC No. 19/673. Staff: Jenna C. Rinehart, Commission Counsel. Keith Carson was a successful candidate for Alameda County Supervisor, District 5, in the June 7, 2016 Primary Election. Keith Carson for Alameda County Supervisor-2016 is his candidate-controlled committee. Miguel Dwin is the Committee’s treasurer. The Committee, Carson, and Dwin failed to timely file two preelection campaign statements, in violation of Government Code Sections 84200.5 and 84200.8 (1 count) and failed to timely file four 24-hour reports, in violation of Government Code Section 84203 (1 count). Total Proposed Penalty: $4,000.
6. In the Matter of Friends of Los Banos – Yes on H, Brenda Geary, Mason Hurley, and Gary Brizzee; FPPC No. 18/991. Staff: Jenna C. Rinehart, Commission Counsel. Friends of Los Banos – Yes on H was a local ballot measure committee primarily formed to support the approval of Measure H, a sales tax measure on the November 6, 2018 General Election ballot. Gary Brizzee was the Committee’s principal officer. Brenda Geary was the Committee’s treasurer, and Mason Hurley was the Committee’s assistant treasurer, responsible for completing and filing the Committee’s campaign statements and reports. The Committee, Brizzee, Geary, and Hurley failed to timely file seven 24-hour reports, in violation of Government Code Section 84203 (1 count). Total Proposed Penalty: $3,000.
Campaign Reporting
7. In the Matter of Judge Mike Cummins for District Attorney 2018, Judge Mike Cummins, and Melissa Cummins; FPPC No. 18/330. Staff: Jenna C. Rinehart, Commission Counsel and Lance Hachigian, Special Investigator. Judge Mike Cummins was an unsuccessful candidate for San Luis Obispo County District Attorney in the June 5, 2018 Primary Election. Judge Mike Cummins for District Attorney 2018 was his candidate-controlled committee. Melissa Cummins was the Committee’s treasurer. The Committee, Cummins, and Cummins failed to timely disclose subvendor payments for expenditures, in violation of Government Code Sections 84303 and 84211 (2 counts). Total Proposed Penalty: $3,000.
Default Proceedings
8. 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.
Armenian National Committee - Default
9-16. General Items
General Items
9. Appointment of Vice Chair. The Commission will appoint a Vice Chair to preside over Commission meetings in the Chair’s absence in accordance with the Commission Governance Policy.
10. Prenotice Discussion of Proposed Adoption of Regulations 18952, 18953, and 18954, Permissible Campaign Expenditures. Staff: Erika M. Boyd, Senior Commission Counsel and Karen Harrison, Senior Commission Counsel. Staff proposes to adopt regulations further defining political, legislative and governmental purposes. The proposed changes are presented for discussion and direction by the Commission.
11. Advice provided regarding local contribution limits. Staff: Dave Bainbridge, General Counsel, Sukhi Brar, Assistant General Counsel and Katelyn Green, Commission Counsel. Staff will brief the Commission on advice provided to members of the public regarding the application of local campaign contribution limits effective January 1, 2021 to contributions made prior to January 1, 2021 for elections occurring after that date.
Comment Letter - California Political Attorneys Association, KC Jenkins and Nicholas Sanders
12. Discussion of disclosure on electronic media advertisements. Staff: Sukhi Brar, Assistant General Counsel and Toren Lewis, Commission Counsel.
13. Committee Updates and consideration of changes to committee assignements.
Law and Policy Committee Update.
Public Outreach and Technology Committee Update.
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 (Updated 03/16/2021)
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
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.