Second Quarter Update

Ethics - Gifts, Honorarium, Travel and Use of Campaign Funds

PDF of Report

Regulations adopted by the Commission

The following are regulatory changes approved by the Commission during the past quarter concerning gifts, honorarium, travel, and use of campaign funds. To receive updates for all regulations before the Commission, please sign up for our mailing list here.

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Advice Letters

The following are advice letters issued by the Commission’s Legal Division during the past quarter concerning questions about gifts, honorarium, travel, and use of campaign funds. To receive the monthly report with all advice letters issued, please sign up for our mailing list here.

Honoraria

Gary S. Winuk                                                I-23-009

Councilmember, with a long-standing business in place, may continue to receive compensation for activities associated with the business as earned income. However, under the honorarium ban, she will only be able to receive compensation for speechmaking activities once income for activities other than speechmaking meets or exceeds 50 percent of income to her business in the last 12 months. Additionally, she may not receive compensation for teaching unless it meets the regulatory requirements for the “bona fide profession of teaching.”

Use of Public Funds

David Stotland                                                I-23-026

Pursuant to the Act, County may use public funds to conduct a survey among constituents regarding local issues in order to inform the work of County Supervisor so long as the survey does not constitute campaign activity. Provision of the survey results to the Supervisor will not constitute a reportable contribution or independent expenditure where the survey results have also been shared publicly. Additionally, survey data regarding the preferred method of communication for individual constituents will not result in a contribution from the County to the Supervisor, so long as the data is not used for a political purpose.

Commission Opinions

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Enforcement Matters

The following are summaries of significant enforcement actions approved by the Commission in the past quarter concerning gifts, honorarium, travel, and use of campaign funds. To receive a monthly report of all enforcement actions, please sign up for our mailing list here.

Gifts Over-the-Limit

In the Matter of Katrina Foley; FPPC No. 18/1091. Staff: Jenna C. Rinehart, Commission Counsel and Lance Hachigian, Special Investigator. The respondent is represented by Nicholas Sanders of Sanders Political Law. Katrina Foley, a former Costa Mesa City Council Member, failed to timely disclose the receipt of a gift on the 2017 Annual Statement of Economic Interests, in violation of Government Code Section 87207 (1 count). Additionally, Katrina Foley accepted two gifts which exceeded the applicable annual gift limit, in violation of Government Code Section 89503 (2 counts). Fine: $1,800 (Tiers One & Two).

Legislation

None.

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