September 2024 Agenda
NOTICE AND AGENDA
Commission Meeting
Fair Political Practices Commission
California Fair Political Practices Commission
1102 Q Street, Suite 3800
Sacramento, CA 95811
Thursday, September 19, 2024
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. 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 (669) 444-9171; meeting ID 9856036268 or watch the meeting via Webinar at YouTube. To participate in real time, visit http://mediasite.fppc.ca.gov/ or call (669) 444-9171; meeting ID 9856036268.
To view the new procedure to participate by telephone, visit our public comment page.
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
Adam E. Silver, Chair
1. Public Comment
1. Public Comment for Items not on Agenda. 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 - Stephen Petzold
2. Cal-Access Replacement System (CARS). John Heinlein, SOS Assistant CARS Project Director, Denise Tower, CGI Project Manager, and Margie Hieter, SOS Political Reform Division Chief & CARS Project Sponsor. The Secretary of State will provide the CARS Project Prime Vendor’s proposed solution.
3. Approval of Commission Minutes
4-7. Consent Calendar
Campaign Late Filer
4. In the Matter of Think Long Committee, Inc., Sponsored by Nicolas Berggruen Institute Trust (501c4), Nicolas Berggruen Institute Trust, and James Sutton; FPPC No. 20/569. Staff: Jonathan Rivera, Commission Counsel. Think Long Committee, Inc., Sponsored by Nicolas Berggruen Institute Trust (501c4) was represented by James Harrison of Olson Remcho, LLP. Think Long Committee, Inc., Sponsored by Nicolas Berggruen Institute Trust (501c4), was a primarily formed ballot measure committee. James Sutton served as the Committee’s treasurer. Nicolas Berggruen Institute Trust was a major donor committee for the calendar year 2019. Think Long Committee, Inc., Sponsored by Nicolas Berggruen Institute Trust (501c4), failed to timely file one pre-election campaign statement and two 24-Hour Reports in violation of Government Code Sections 84200.5, 84200.8, and 84215 (3 counts). Nicolas Berggruen Institute Trust failed to timely file one 24-Hour Report, in violation of Government Code Section 84203 (1 count). Total Proposed Penalty: $12,000.
Default Proceedings
Default Proceedings Requesting Commission Action
5. In the Matter of Ramos for City Council 2018, Committee to Elect Daniel Ramos Adelanto City Council 2020, Daniel Ramos, Arley Arsineda; FPPC No. 19/464. Staff: Alex Rose, Senior Commission Counsel and Ann Flaherty, Special Investigator. Daniel Ramos was an unsuccessful candidate for the Victorville City Council in the November 6, 2018 General Election and a successful candidate for the Adelanto City Council, in the November 3, 2020 General Election. Ramos for City Council 2018 (the “Victorville Committee”) and Committee to Elect Daniel Ramos Adelanto City Council 2020 (the “Adelanto Committee”) are Daniel Ramos’ candidate-controlled committees. Arsineda served as the Adelanto Committee’s treasurer. The Committees, Daniel Ramos, and Arsineda failed to timely file a Statement of Organization, in violation of Government Code Section 84103 (1 count); sixteen semi-annual campaign statements, in violation of Government Code Section 84200 (8 counts), and four pre-election campaign statements, in violation of Government Code Section 84200.5 (4 counts). Additionally, the Adelanto Committee, Daniel Ramos, and Arsineda failed to establish, maintain, and utilize a campaign bank account, in violation of Government Code Section 85201 (1 count). Total Proposed Penalty: $37,500.
6. In the Matter of Kern Neighborhoods for Responsible Regulation in Support of Measure J and Tim Blakeley; FPPC No. 18/976. Staff: Marissa Corona, Senior Commission Counsel and Kaitlin Osborn, Special Investigator. Kern Neighborhoods for Responsible Regulation in Support of Measure J was a primarily formed committee in support of Measure J, a measure on the ballot in the November 6, 2018 General Election. The Committee’s acting treasurer and principal officer was Tim Blakeley. The Committee and Blakeley failed to timely file two semi-annual campaign statements, in violation of the Government Code Section 84200 (1 count), failed to timely file a pre-election campaign statement, in violation of Government Code Section 84200.5, subdivision (a) and 84200.8, subdivision (b) (1 count), failed to timely file a 24-Hour Report, in violation of Government Code Section 84203 (1 count) and failed to accurately report contributions, in violation of Government Code Section 84211, subdivision (f) (1 count). Additionally, the Committee and Blakeley failed to keep accurate records, in violation of Government Code Section 84104 (2 counts), received cash contributions of $100 or more, in violation of Government Code Section 84300, subdivision (a) (1 count) and made cash expenditures of $100 or more, in violation of Government Code Section 84300, subdivision (b) (1 count). Total Proposed Penalty: $29,000.
7. In the Matter of Augusto Caudillo; FPPC No. 22/191. Staff: Cinthya Bernabé, Commission Counsel. Augusto Caudillo, a Planning Commissioner to the City of Lompoc between January 20, 2021, and April 13, 2023, failed to timely file an Assuming Office, a 2021 Annual, a 2022 Annual, and a Leaving Office Statement of Economic Interest, in violation of Government Code Sections 87200, 87202, 87203, and 87204 (4 counts). Total Proposed Penalty: $16,000.
Pre-Notice Defaults
8. In the Matter of Karen Paz Dominguez, and Karen Paz Dominguez for Auditor-Controller 2018/Re-Elect Karen Paz Dominguez for Auditor Controller 2022 (I.D. No. 1403878); FPPC No. 19/1534. Staff: Cinthya Bernabé, Commission Counsel. Karen Paz Dominguez was a successful candidate for Auditor-Controller of Humbolt County in the June 5, 2018 election, and an unsuccessful candidate in the June 7, 2022 election. Karen Paz Dominguez for Auditor-Controller 2018/Re-Elect Karen Paz Dominguez for Auditor-Controller 2022 (I.D. No. 1403878) was Dominguez’s candidate-controlled committee. Related to the 2018 election, the Committee and Dominguez failed to timely file seven semi-annual campaign statements and two 24-Hour Reports, in violation of Government Code Sections 84200 (7 counts), 84203, and Regulation 18405 (2 counts). Related to the 2022 election, the Committee and Dominguez failed to timely file one pre-election campaign statement and three semi-annual campaign statements, in violation of Government Code Sections 84200.5, and 84200.8 (1 count), and 84200 (3 counts). Total Proposed Penalty: $45,500.
9. In the Matter of Steve Grasha for Mission Springs Water District 2018, Steve Grasha for Desert Water Agency 2022, and Steve Grasha; FPPC No. 18/1268. Staff: Marissa Corona, Senior Commission Counsel and Ann Flaherty, Special Investigator. Steve Grasha was a successful candidate in the November 6, 2018 General Election. Steve Grasha for Mission Springs Water District 2018 (the “2018 Committee”) was Grasha’s candidate-controlled committee. Steve Grasha was a successful candidate in the November 8, 2022 General Election. Steve Grasha for Desert Water Agency 2022 (the “2022 Committee”) was Grasha’s candidate-controlled committee. The 2018 Committee and Grasha failed to timely file an amended statement of organization, in violation of Government Code Section 84101 (1 count); five 24-Hour Reports, in violation of Government Code Section 84203 (1 count); two pre-election campaign statements, two semi-annual campaign statements, in violation of Government Code Sections 84200.5 and 84200.8 and 84200 (2 counts). The 2018 Committee also failed to establish a designated campaign bank account, in violation of Government Code Section 85201 (1 count), and include the proper advertisement disclosure on mass emails, in violation of Government Code Section 84305, subdivision (c)(1) (1 count). Steve Grasha, as a candidate, failed to timely disclose reportable income on the Candidate Statement of Economic Interests, in violation of Government Code Section 87302.3 (1 count). The 2022 Committee and Grasha failed to timely file an amended statement of organization, in violation of Government Code Section 84101, subdivision (a) (1 count), four 24-Hour Reports, in violation Government Code Section 84204 (1 count), two pre-election campaign statements and one semi-annual campaign statement, in violation of Government Code Sections 84200.5,84200.8, and 84200 (1 count). The 2022 Committee and Grasha also failed to include the proper advertisement disclosures on social media advertisements and on mass mailings, in violation of Government Code Sections 84504.6, subdivision (b), (1 count) and 84305 (1 count). Total Proposed Penalty: $40,000.
10. In the Matter of Long Pham for Assembly 2018, Long Pham, and Mary Pham; FPPC No. 18/569. Staff: Marissa Corona, Senior Commission Counsel and Ann Flaherty, Special Investigator. Long Pham was an unsuccessful candidate for State Assembly District 72 in the June 5, 2018 Primary Election. Long Pham for Assembly 2018 was Long’s candidate-controlled committee. Mary Pham served as treasurer. The Committee and Mary Pham violated the Act by failing to timely file two pre-election campaign statements, in violation of Government Code Sections 84200.5, 84200.8 and 84215 (1 count), a semi-annual campaign statement, in violation of Government Code Sections 84200 (1 count), one 24-Hour Report, in violation of Government Code Sections 84203 (1 count), failed to establish a designated campaign bank account, in violation of Government Code Section 85201, subdivisions (c)(d) and (e) (2 counts), and failed to maintain adequate records, in violation of Government Code Section 84104 (3 counts). Total Proposed Penalty: $38,500.
11. In the Matter of Karen Paz Dominguez; FPPC No. 19/1459. Staff: Cinthya Bernabé, Commission Counsel and Shaina Elkin, Support Staff. Karen Paz Dominguez, the auditor-controller in the Auditor-Controller Department for the County of Humboldt, failed to timely file an Assuming Office, a 2019 Annual, a 2021 Annual, and a Leaving Office Statement of Economic Interest Form, in violation of Government Code Section 87300 (4 counts). Total Proposed Penalty: $16,000.
12-15. General Items
12. Prenotice Discussion of Amendments to Regulation 18703, Public Generally Exception to Conflict of Interest Prohibition Staff: John M. Feser Jr., Senior Commission Counsel, Legal Division. Staff is proposing amendments to Regulation 18703 that would add a new provision under the special circumstances in subdivision (e) to enable application of the public generally exception to circumstances where the governmental decision at issue is made by a governmental entity primarily responsible for the management of an airport, harbor, or similar publicly available infrastructure and the decision broadly affects all persons with a permit, license or use entitlement from the governmental entity. Staff presents this proposal for pre-notice discussion, with presentation for potential adoption to occur at a later Commission meeting.
Staff Memo (Updated 9/13/2024)
Proposed Amendments to Regulation 18703 (Updated 9/13/2024)
13. Legislative Update. Staff: Lindsey Nakano, Senior FPPC Legislative Counsel. The Commission will review and discuss potential sponsored and other legislation. The Commission may provide direction to staff regarding the same.
14. Executive Staff Reports.
Enforcement Division. James M. Lindsay, Chief.
Audits and Assistance Division. Shrdha Shah, Chief.
Legal Division. Dave Bainbridge, General Counsel.
Administration and Technology Division. Jue Wang, PhD, Chief.
Executive Director Update. Galena West, Executive Director.
Comment Letter - Stephen Petzold
15. 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 3050, 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 (669) 444-9171; meeting ID 9856036268; 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.