May 2021 Agenda
NOTICE AND AGENDA
Commission Meeting
Fair Political Practices Commission
1102 Q Street, Suite 3800
Sacramento, CA 95811
Thursday,May 20, 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 - David Lerman
Comment Letter - David Lerman
Comment Letter - Stephen Petzold
2. Closed Session
Closed Session. Pending Litigation. (Gov. Code § 11126(e)(1)).
3. Approval of Commission Minutes
4. 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.
Recordkeeping
4. In the Matter of Elect Joaquin Arturo Revelo Judge 2016, Seat Number 34, Joaquin A. Revelo, and David L. Kelly; FPPC No. 18/818. Staff: Jenna C. Rinehart, Commission Counsel. This matter arose from an audit performed by the Franchise Tax Board’s Political Reform Audit Program. Joaquin A. Revelo was an unsuccessful candidate for Kern County Superior Court Judge in the June 7, 2016 Primary Election. Elect Joaquin Arturo Revelo Judge 2016, Seat Number 34, was Revelo’s candidate-controlled committee. David L. Kelly was the Committee’s treasurer. The Committee, Revelo, and Kelly failed to maintain adequate campaign records for contributions and expenditures, in violation of Government Code Section 84104 (1 count). Total Proposed Penalty: $2,000.
5-13. General Items
5. Motion to Vacate Default Decision and Order, In the Matter of Corso for Council 2014, Taxpayers for Oceanside Neighborhoods, and Dana Corso; FPPC No. 15/245. Staff: Dave Bainbridge, General Counsel. The Commission will consider a motion filed by Respondent Dana Corso to vacate the Commission’s Default Decision and Order approved at the April 16, 2020 hearing.
Default Decision and Order, April 16, 2020
Corso’s Motion to Vacate Default Decision
Enforcement’s Response to Motion
6. Prenotice Discussion of Amendments to Regulation 18435.5, Slate Mailer Requirements and Regulation 18450.11, Spokesperson Disclosure, and Adoption of Regulation 18450.6, Advertisements in Other Languages, Regulation 18450.7, Advertisement Disclosure for Advertisements in Formats Not Specifically Addressed, and Regulation 18450.8, Advertisements on Listening Applications that are Both Audio and Visual. Staff: Katelyn Greene, Commission Counsel. Staff proposes to amend Regulation 18435.5 to clarify advertisement disclosure requirements for electronic slate mailers and Regulation 18450.11 to clarify paid spokesperson disclosure requirements when a committee has coordinated with an outside party to pay for the appearance of a spokesperson in a campaign advertisement. Additionally, staff proposes three new regulations for adoption related to disclosure requirements for campaign advertisements in other languages, electronic campaign advertisements that are on listening applications, and campaign advertisements for which the Act requires disclosures, but does not provide specific display requirements. The proposed changes are presented for discussion and direction by the Commission and will be presented for Commission adoption at a subsequent meeting.
Staff Memo
Proposed Amendments to Regulation 18435.5
Proposed Amendments to Regulation 18450.11
Proposed Adoption of Regulation 18450.6
Proposed Adoption of Regulation 18450.7
Proposed Adoption of Regulation 18450.8
7. Repeal, Adoption, and Amendment of Regulations in Response to SB 1239 and AB 909 (CARS). Staff: Kevin Cornwall, Commission Counsel, Legal Division. Staff proposes various regulatory changes in anticipation of Senate Bill 1239 and Assembly Bill 909 provisions becoming operative following the implementation of the new CAL-ACCESS Replacement System, a new online system for submitting and viewing campaign finance and lobbying disclosure reports. The proposed regulatory changes are presented for adoption by the Commission, pre-notice discussion having occurred at the January 2021 Commission meeting.
Staff Memo
Proposed Repeal of Regulation 18422.5
Proposed Repeal of Regulation 18465.1
Proposed Adoption of Regulation 18422.5
Proposed Amendments to Regulation 18402.1
Proposed Amendments to Regulation 18406
Proposed Amendments to Regulation 18410
Proposed Amendments to Regulation 18465
Proposed Amendments to Regulation 18601
Proposed Amendments to Regulation 18611
Proposed Amendments to Regulation 18613
Proposed Amendments to Regulation 18616
Proposed Amendments to Regulation 18616.4
8. FY 2020-2021 Third Quarter Expenditure Report. Staff: Loressa Hon, Chief of Administration.
Third Quarter Expenditure Report
9. Opinion request regarding campaign and advertising disclosure by public agencies. Staff: Dave Bainbridge, General Counsel. The Commission will consider a request for an opinion from the California State Association of Counties and California School Board Association regarding Regulations 18420.1 and 18901.1.
10. Committee Updates.
Law and Policy Committee Update.
11. 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 May 19, 2021)
12. 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
13. 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.