November 2011 Agenda

    NOTICE AND AGENDA

    Commission Meeting

     

    Fair Political Practices Commission

    428 J Street, Suite 800

    Sacramento, CA 95814


    Thursday, November 10, 2011

    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

    Ann M. Ravel, FPPC Chair

    1. Public Comment

    2. Approval of October 2011 Commission Meeting Minutes

    3-21 Enforcement - Consent Calendar

    Campaign Reporting Violation

    Campaign Non-Filer Streamlined Program Memo

    3. In the Matter of Carmen Avalos, Carmen Avalos for Assembly 2010, FPPC No. 10/912. Staff: Commission Counsel Zachary W. Norton. Respondent Carmen Avalos was a candidate for election to the 50th Assembly District in 2010, and treasurer for the Carmen Avalos for Assembly 2010 committee. Respondent failed to timely file a semiannual campaign statement for the reporting period of October 18, 2009, through December 31, 2009, in violation of Government Code Section 84200 (1 count). Total Proposed Penalty: $200. 

    Avalos Assembly - Stip

    4. In the Matter of Carmen Avalos, Avalos for Trustee, FPPC No. 10/917. Staff: Commission Counsel Zachary W. Norton. Respondent Carmen Avalos was a candidate for election to the Cerritos Community College District Board, and treasurer for the Avalos for Trustee committee. Respondent failed to timely file a semiannual campaign statement for the reporting period of October 18, 2009, through December 31, 2009, in violation of Government Code Section 84200 (1 count). Total Proposed Penalty: $200. 

    Avalos Trustee - Stip

    5. In the Matter of Robert J. Evans, FPPC No. 10/661. Staff: Senior Commission Counsel Angela Brereton, and Special Investigator Sandra Buckner. Respondent Robert J. Evans, was an unsuccessful candidate for Attorney General in the November 2, 2010, general election, who raised and spent less than $1,000 for his campaign. Respondent failed to file a short form campaign statement for calendar year 2010 by the March 22, 2010, due date, in violation of Government Code Sections 84200.5 and 84206 (1 count). Total Proposed Penalty: $800. 

    Evans - Stip

    6. In the Matter of Los Angeles League of Conservation Voters and Moe Stavnezer, Treasurer, FPPC No. 11/338. Staff: Commission Counsel Bridgette Castillo and Special Investigator Leon Nurse-Williams. Respondent Los Angeles League of Conservation Voters was a county general purpose committee with Respondent Moe Stavnezer serving as treasurer. Respondents failed to timely file two semi-annual campaign statements, one for the reporting period January 1, 2010, through June 30, 2010, due August 2, 2010, and one for the reporting period July 1, 2010, through December 31, 2010, due January 31, 2011, in violation of Government Code Section 84200 (2 counts). Total Proposed Penalty: $400. 

    L.A. League - Stip

    7. In the Matter of Mountain View Professional Firefighters Political Action Committee and Melton Wong, Treasurer, FPPC No. 11/107. Staff: Senior Commission Counsel Neal Bucknell, Special Investigator Annaraine Diaz, and Political Reform Consultant Adrianne Korchmaros. Respondents Mountain View Professional Firefighters Political Action Committee and Melton Wong, the committee treasurer, failed to timely file electronic campaign statements for all reporting periods from July 1, 2009, through June 30, 2011, in violation of Government Code Section 84605 (1 count). Total Proposed Penalty: $400. 

    Mountain View Fire Fighters PAC - Stip

    8. In the Matter of Blanca E. Rubio, FPPC No. 10/1052. Staff: Political Reform Consultant Adrianne Korchmaros. The respondent, current Los Angeles County Baldwin Park Unified School District Governing Board Member Blanca E. Rubio, failed to timely file the Form 470 campaign statement covering the period January 1, 2010, through December 31, 2010, due July 31, 2010, with the County of Los Angeles, in violation of Government Code Section 84206 (1 count). Total Proposed Penalty: $200. 

    Rubio - Stip

    9. In the Matter of Women's National Political Caucus San Gabriel Valley, and Debra Hurd, Treasurer, FPPC No. 10/321. Staff: Commission Counsel Milad Dalju and Political Reform Consultant Teri Rindahl. Women's National Political Caucus San Gabriel Valley and its treasurer, Debra Hurd, failed to file a semi-annual campaign statement for the July 1, 2010, through December 31, 2010, reporting period, due January 31, 2011, in violation of Government Code Section 84200. Total Proposed Penalty: $200. 

    Women's National - Stip

    Conflict of Interest

    10. In the Matter of Gregory Fox, FPPC No. 10/798. Staff: Commission Counsel Bridgette Castillo and Special Investigator Beatrice Moore. As a member of the Saratoga Cemetery District Board of Trustees, Respondent Gregory Fox failed to disclose his ownership interest in two undeveloped properties on his annual Statements of Economic Interests ("SEI") for the years 2006, 2007, 2008, and failed to timely disclose his ownership interest in these properties on his 2009 SEI, in violation of Government Code Sections 87300 and 87302 (4 counts). Further, Respondent Fox participated in and made governmental decisions on three occasions to develop an undeveloped parcel, referred to as the Sister's parcel, owned by the Saratoga Cemetery District, which is located within 500 feet of one of Respondent Fox's undeveloped properties, in violation of Government Code Section 87100 (3 counts). Total Proposed Penalty: $13,000. 

    Fox - Stip

    Mass Mailing Violations

    11. In the Matter of San Bernardino Community College District, FPPC No. 11/472. Staff: Commission Counsel Zachary W. Norton and Special Investigator Mark Weber. Respondent San Bernardino Community College District sent a newsletter on or about March 15, 2011, at public expense, which featured elected board members, in violation of Government Code section 89001 (1 count). Total Proposed Penalty: $2,000. 

    San Bernardino - Stip

    Statement of Economic Interests

    12. In the Matter of Lee Cherry FPPC No. 11/480. Staff: Chief of Enforcement Gary Winuk, and Law Clerk Bridgette Gallagher. City of Oakland employee Lee Cherry failed to timely file an annual Statement of Economic Interests for the reporting period of January 1, 2009, through December 31, 2009, due April 1, 2010, in violation of Government Code Section 87300. Total Proposed Penalty: $200. 

    Cherry - Stip

    13. In the Matter of Nina Horne, FPPC No. 11/548. Staff: Political Reform Consultant Teri Rindahl and Law Clerk Kyle Levy. Respondent Nina Horne, also known as Leona Horne, a City of Oakland Fund for Children and Youth Commissioner, failed to file an annual Statement of Economic Interests for the reporting period of January 1, 2009, through December 31, 2009, due April 1, 2010, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200. 

    Horne - Stip

    14. In the Matter of Gloria Jeffery, FPPC No. 11/529. Staff: Political Reform Consultant Teri Rindahl and Law Clerk Kyle Levy. Respondent Gloria Jeffery, a City of Oakland Central City East Project Area Committee member, failed to file an annual Statement of Economic Interests for the reporting period of January 1, 2009, through December 31, 2009, due April 1, 2010, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200. 

    Jeffery - Stip

    15. In the Matter of Virginia Kiraly, FPPC No. 11/845. Staff: Political Reform Consultant Adrianne Korchmaros. Respondent Virginia Kiraly, Commissioner for the State of California Economic Development Commission, failed to timely file an annual Statement of Economic Interests for the reporting period of January 1, 2010, through December 31, 2010, due April 1, 2011, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200. 

    Kiraly - Stip

    16. In the Matter of Emmanuel Martinez, FPPC No. 11/248. Staff: Political Reform Consultant Adrianne Korchmaros. Respondent Emmanuel Martinez, Council Member for the City of Coachella, failed to timely file an annual Statement of Economic Interests for the reporting period of January 1, 2009, through December 31, 2009, due April 1, 2010, in violation of Government Code Section 87203 (1 count). Total Proposed Penalty: $200. 

    Emmanuel Martinez - Stip

    17. In the Matter of Veronica Martinez, FPPC No. 11/576. Staff: Chief of Enforcement Gary Winuk and Law Clerk Alisha Heilman. Respondent Veronica Martinez, City of Oakland Family/Community Services Organizer, Head Start Program, failed to timely file an annual Statement of Economic Interests for the reporting period of January 1, 2009, through December 31, 2009, due April 1, 2010, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200. 

    Veronica Martinez - Stip

    18. In the Elisa Mazen, FPPC No. 11/835. Staff: Political Reform Consultant Adrianne Korchmaros. Respondent Elisa Mazen, Consultant for the Public Employees' Retirement Board, failed to timely file an annual Statement of Economic Interests for the reporting period of January 1, 2010, through December 31, 2010, due April 1, 2011, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200. 

    Mazen - Stip

    19. In the Matter of George McDaniel, FPPC No. 11/563. Staff: Chief of Enforcement Gary Winuk and Law Clerk Alisha Heilman. Respondent George McDaniel, City of Oakland Board Member, Workforce Investment Board, failed to timely file an annual Statement of Economic Interests for the reporting period of January 1, 2009, through December 31, 2009, due April 1, 2010, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200. 

    McDaniel - Stip

    20. In the Matter of Ron Owens, FPPC No. 11/541. Staff: Political Reform Consultant Teri Rindahl and Law Clerk Kyle Levy. Respondent Ronald C. Owens, Oakland Measure 'Y' Board Member, failed to timely file an annual Statement of Economic Interests for the reporting period of January 1, 2009, through December 31, 2009, due April 1, 2010, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200. 

    Owens - Stip

    21. In the Matter of Stacy Thompson, FPPC No. 11/533. Staff: Political Reform Consultant Teri Rindahl and Law Clerk Kyle Levy. Respondent Stacy Thompson, Oakland Head Start Board Member, failed to timely file an annual Statement of Economic Interests for the reporting period of January 1, 2009, through December 31, 2009, due April 1, 2010, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200. 

    Thompson - Stip

    22-26 General Items

    Re-hearing

    22. In the Matter of Frank Molina and Strategic Solutions Advisors; FPPC No. 09/807. Staff: Chief of Enforcement Gary Winuk and Program Specialist Bob Perna. Respondent Frank Molina, a registered California lobbyist and Respondent Strategic Solutions Advisors, a California lobbying firm, failed to timely file quarterly lobbyist and lobbying firm reports from January 1, 2007, through December 31, 2009, in violation of Government Code Sections 86113 and 86114 (12 counts). Total Proposed Penalty: $30,000. 

    Molina Memo

    Molina - Stip

    Molina Letter

    23. In re Costanzo Opinion Request (Our File No. O-11-178). Staff: Assistant General Counsel John W. Wallace. The Commission will consider whether to issue an opinion addressing whether two members of the Selma City Council voted in past decisions in which they had conflicts of interest. Since the matter concerned a past vote, and conflict-of-interest issues are covered in Commission regulations and advice letters that could have been consulted at that time, the General Counsel, as Acting Executive Director, denied the request. The requestor seeks a review of this denial by the Commission.

    Costanzo Opinion Memo 

    Costanzo Request

    Costanzo Denial

    Costanzo Appeal 

    24. Amendment of Regulations 18360, 18361 and 18361.4 and Adoption of Regulations 18361.11 and 18316.6. Staff: Enforcement Division Chief Gary Winuk and Commission Counsel Sukhi K. Brar. This proposal includes amendments to Regulations 18360, 18361, 18361.4 and adoption of Regulations 18361.11, 18316.6, all related to Enforcement procedures. The areas of improvement include: (1) codification of the current practice of allowing potential respondents the ability to communicate with the FPPC before a determination to investigate an enforcement matter is made, (2) codification of the current practice of assigning the General Counsel or an attorney in the Legal Division to hear probable cause proceedings, (3) amendments allowing discovery in probable cause proceedings for respondents, (4) a new regulation implementing procedures for default decisions, and (5) a new regulation focusing on treasurer liability for committee violations that would allow the Enforcement Division the discretion to hold the party who violated the Act in limited circumstances solely accountable, focusing mainly on major donor committees. 

    Enforcement Regulations Memo 

    Regulation 18316 

    Regulation 18360 

    Regulation 18361 

    Regulation 18361.4 

    Regulation 18361.11

    25. Adoption of Amendments to Regulations, 18940 through 18950.4. Staff: Commission Counsel William J. Lenkeit and General Counsel Zackery P. Morazzini. Staff proposes to revise and update the gift regulations for overall consistency and clarity, and to make substantive changes to take into account the "personal benefit" language in the definition of gift, along with codifying exceptions previously provided in Commission opinions and staff advice letters for "acts of neighborliness," and "bona-fide dating relationship." New exceptions for "acts of human compassion" and "long term friendships" are also being proposed. Additional changes are proposed to the home hospitality exception and modification of the valuation rule for tickets to non-profit and political fundraising events. Finally, the travel rules have been consolidated and simplified.

    Gift Regulations Memo 

    [REVISED DRAFT OF GIFT REGULATION PACKET (November 7, 2011)] 

    Because of the interlinkage of the "personal benefit" definition and its relationship to the payments to agency regulation (Regulation 18944) and travel and honorarium provisions of the Act, we are pulling this portion of the gift package from the November agenda. Regulation 18940.1(f), Regulation 18944, and the travel regulation, Regulation 18950 et seq. have been removed from the packet of regulations for November and will be addressed as a separate regulatory project early next year. 

    26. Discussion Item. Campaign Fraud Workshop. Staff: General Counsel Zackery P. Morazzini. Discussion of issues relating to campaign contributions and the use of Legal Defense Funds in the wake of the recent accounts of widespread campaign fraud. 

    Campaign Fraud Workshop Memo 

    Rotunda Response

    27-32 Staff Reports

    27. Legislative Report. Staff: Legislative Coordinator, Tara Stock 

    Nov 2011 Legislative Report

    28. Litigation Report. Staff: General Counsel, Zackery P. Morazzini 

    Nov 2011 Litigation Report

    29. Legal Division. Staff: General Counsel, Zackery P. Morazzini 

    Nov 2011 Legal Report

    30. Enforcement Division. Staff: Chief of Enforcement, Gary Winuk 

    Nov 2011 Enforcement Report

    31. Technical Assistance Division. Staff: Chief of T.A.D., Lynda Cassady 

    Nov 2011 TAD Report

    32. Administration Division. Staff: Chief of Administration, Tina Bass 

    Nov 2011 Admin Reoprt

    33. Closed Session

    Closed Session

    33. Pending Litigation (Gov. Code § 11126(e)(1)). ProtectMarriage.com, et al. v. Debra Bowen, et al. (United States District Court, Eastern District of California, Case No. 2:09-cv-00058- MCE-DAD).

    Additional Information

    You can obtain further information about the meeting by contacting the Commission Assistant, 428 J Street, Suite 620, Sacramento, CA, 95814, 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. The fax number for comment letters is 916-322-6440.

    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 (888) 751-0624; access code is 723284.The meeting location is accessible to the disabled. Persons who, due to a disability, need assistance in order to participate in thismeeting should, prior to the meeting, contact the Commission Assistant at 916-322-5745 (voice), 916-322-6440 (facsimile) or in writing.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 a reasonable period of time between the request and the meeting date.