April 2015 Agenda

    NOTICE AND AGENDA
    Commission Meeting


    California Fair Political Practices Commission
    428 J Street, Suite 800
    Sacramento, CA 95814

    Thursday, April 16, 2015
    10:00 A.M.

    According to (Gov. 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 this 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.

    Commissioner Wasserman will attend this meeting of the Commission via teleconference from 301 W 1st Street, Los Angeles, CA 90012.

    Welcome

    Jodi Remke, FPPC Chair

    1. Public Comment

    This portion of the meeting is reserved for comment on items not on the agenda. Under the Bagley-Keene Act, the Commission cannot act on items raised during public comment, but may respond briefly to  statements made or questions posed; request clarification; or refer the item to staff.

    Comment Letter - Shawn Mason (item 8)

    Comment Letter - Bill Lenkeit (item 8)

     

    2. Approval of Approval March 2015 Commission Meeting Minutes

    3-7 Enforcement - Consent Calendar

    Campaign Reporting

    3. In the Matter of Salud O. Carbajal, Salud Carbajal for Supervisor 2012, and David Peri, Treasurer; FPPC No. 14/851. Staff: Senior Commission Counsel Bridgette Castillo and Program Specialist Grant Beauchamp. This matter arose out of an audit performed by the Political Reform Audit Program of the Franchise Tax Board. Salud O. Carbajal, and his candidate controlled committee, Salud Carbajal for Supervisor 2012 (Committee), failed to file three late contribution reports, in violation of Government Code Section 84203, subdivisions (a) and (b) (3 counts). In addition, Carbajal, the Committee, and its treasurer, David Peri, accepted a contribution in the form of a cashiers check in the amount of $15,000 not drawn on the account of the donor, in violation of Government Code Section 84300, subdivision (c) (1 count). Total Proposed Penalty: $7,500.

    Carbajal - Stip

    4. In the Matter of San Mateo County Democratic Central Committee and Xavier Martinez; FPPC No. 15/79. Staff: Senior Commission Counsel Neal Bucknell and Program Specialist Grant Beauchamp. This matter arose from an audit performed by the Political Reform Audit Program of the Franchise Tax Board. In 2012, the San Mateo County Democratic Central Committee and its former treasurer, Xavier Martinez, failed to file pre-election campaign statements for the reporting periods of January 1 through March 17 and March 18 through May 19 by the due dates of March 22 and May 24, respectively, in violation of Government Code Sections 84200.5, subdivision (h) and 84200.7, subdivision (a) (1 count). Total Proposed Penalty: $2,500.

    San Mateo County Democratic Central Committee - Stip

    5. In the Matter of Steven A. Pappas, Steve Pappas for 3rd District Supervisor 2012, and Trent J. Benedetti; FPPC No. 14/598. Staff: Commission Counsel Zachary W. Norton and Program Specialist Luz Bonetti. This matter arose out of an audit performed by the Political Reform Audit Program of the Franchise Tax Board. Steve Pappas, his candidate-controlled committee, Steve Pappas for 3rd District Supervisor 2012, and its treasurer, Trent J. Benedetti, failed to maintain detailed accounts, records, bills, and receipts that were necessary to prepare campaign statements for the reporting periods January 1, 2009 through June 30, 2012, in violation of Government Code Section 84104 (1 count). Total Proposed Penalty: $1,500.

    Pappas - Stip

    6. In the Matter of Preserve Liberty and Mark Matta, Treasurer; FPPC No. 14/1238. Staff: Political Reform Consultant Teri Rindahl. Preserve Liberty and Mark Matta, as treasurer, failed to timely file the semi-annual statement, Form 461, covering the period January 1, 2014 through June 30, 2014, due July 31, 2014, with the Office of the Secretary of State, in violation of Government Code Section 84200 (1 count). Total Proposed Penalty: $200.

    Preserve Liberty - Stip

    Major Donor Reporting

    7. In the Matter of Sean Fieler; FPPC No. 15/067. Staff: Political Reform Consultant Jeanette Turvill. Sean Fieler failed to timely file one Major Donor Committee Campaign Statement (Form 461) for the period January 1, 2013 through December 31, 2013, due on January 31, 2014, in violation of Government Code Section 84200 (1 count). Total Proposed Penalty: $2,400.

    Fieler - Stip

    8. General Item

    Amend the Public Generally Regulations. Amend Regulation 18703 to incorporate the public generally exception; Repeal Current Public Generally Regulations 18707 - 18707.10 and Regulations 18703.2, 18703.4, and 18703.5. Staff: General Counsel Hyla Wagner and Senior Commission Counsel Brian Lau. In a continuing effort to clarify and simplify regulations pertaining to the implementation of the conflict of interest provisions of the Act, staff is proposing consolidation of the public generally exception regulations into a single regulation which will be Regulation 18703. The public generally exception will be a new third step in the shorter conflict of interest analysis (presented to the Commission in February, 2015). This will also entail the repeal of the existing set of public generally regulations (18707 - 18707.10) and remaining superfluous regulations at 18703.2, 18703.4, and18703.5.

    18703 - Memo

    18703 Public Generally (Amend)

    18703 Regs (Repeal)

    18707 Regs (Repeal)

    9. Executive Staff Reports

    Legislative Report. Staff: Senior Commission Counsel and Legislative Coordinator, Sukhi Brar.

    April 2015 Legislative Report

    Litigation Report. Staff: General Counsel, Hyla Wagner

    April 2015 Litigation Report

    Legal Division Report. Staff: General Counsel, Hyla Wagner

    April 2015 Legal Report

    Enforcement Division Report. Staff: Acting Chief of Enforcement, Galena West

    April 2015 Enforcement Division Report

    Technical Assistance Division Report. Staff: Chief of Technical Assistance Division, Lynda Cassady

    April 2015 TAD Report

    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 (877) 411-9748; access code 723284; or watch the meeting via Webinar at meeting via 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), (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.