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    March 2015 Agenda

    NOTICE AND AGENDA
    Commission Meeting


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

    Thursday, March 19, 2015
    10:00 A.M.

    According to (Gov. Code Section 11123) (a) all meetings of a state body shall be open and public and all persons shall be 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 shall be audible to the public at the location specified in the notice of
    the meeting.

    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 - Assemblyman Richard Gordon (item 17)

    2. Approval of February 2015 Commission Hearing Minutes

    3-13 Enforcement - Consent Calendar

    Personal Use of Campaign Funds

    3. In the Matter of Kenneth G. Mann; FPPC No. 14/596. 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. Kenneth G. Mann was a Lancaster City Council member and a successful candidate for reelection to that office on April 10, 2012. Re-elect Mann for City Council 2012 was his candidate controlled committee. In this matter, Mann caused the committee to make an expenditure of campaign funds, totaling $5,000, which conferred a substantial personal benefit on Respondent Mann, for purposes not directly related to a political, legislative, or governmental purpose, in violation of Government Code Section 89512 (1 count). Total Proposed Penalty: $3,500.

    Mann - Stip

    Campaign Reporting

    4. In the Matter of Doreen Farr, Re-Elect Doreen Farr Supervisor 2012, and Susan Bott, Treasurer; FPPC No. 14/852.  Staff: Commission Counsel Milad Dalju and Program Specialist Grant Beauchamp. This matter arose out of an audit performed by the Political Reform Audit Program of the Franchise Tax Board. Doreen Farr, her candidate-controlled committee, Re-Elect Doreen Farr Supervisor 2012, and its treasurer, Susan Bott, failed to timely report payments of $500 or more, totaling $149,318.25, made on the committee's behalf by its agents and independent contractors during the January 1 through March 17, 2012, and March 18 through May 19, 2012, reporting periods, in violation of Government Code Sections 84200.5, 84211, subdivision (k), and 84303 (1 count).Total Proposed Penalty: $2,500.

    Farr - Stip

    5. In the Matter of California Association of Licensed Repossessors PAC and Marcelle Egley, Treasurer; FPPC No. 14/1386.  Staff: Political Reform Consultant Adrianne Korchmaros. California Association of Licensed Repossessors PAC, and Marcelle Egley as treasurer, failed to timely file the semi-annual statement, Form 460, covering the period July 1, 2013 through December 31, 2013, due January 31, 2014, with the Office of the Secretary of State, in violation of Government Code Section 84200 (1 count). Total Proposed Penalty: $200.

    CA Association of Licensed Repossessors PAC - Stip

    6. In the Matter of Committee to Defeat Prop 23, Sponsored by Environment California, and Bernadette Del Chiaro, Treasurer; FPPC No. 14/599. Staff: Senior Commission Counsel Neal Bucknell and Program Specialist Grant Beauchamp. This matter arose out of an audit performed by the Political Reform Audit Program of theFranchise Tax Board. Committee to Defeat Prop 23, Sponsored by Environment California and Bernadette Del Chiaro as treasurer failed toreport receipt of a contribution in the amount of $100,000 from the Sierra Club California No on Prop 23 Committee on a pre-election campaign statement that was filed for the reporting period ending October 16, 2010, in violation of Government Code Sections 84200 and 84211 (1 count). Total Proposed Penalty: $200.

    Committee to Defeat Prop 23 - Stip

    Major Donor Reporting

    7. In the Matter of Calvary Chapel Chino Hills; FPPC No. 15/066.Staff: Political Reform Consultant Jeanette Turvill. Calvary Chapel Chino Hills failed to timely file a Major Donor Report (Form 461) disclosing one contribution covering the period January 1, 2013, through December 31, 2013, due on January 31, 2014, with the Office of the Secretary of State, in violation of Government Code Section 84200 (1 count). Total Proposed Penalty: $400.

    Calvary Chapel Chino Hills - Stip

    Late Contribution Reporting

    8. In the Matter of the Mark Carnevale for Cathedral City Council 2014, Mark Carnevale, Walter D. McLaughlin, Treasurer; FPPC No. 14/1280.  Staff: Political Reform Consultant Jeanette E. Turvill. Mark Carnevale for Cathedral City Council 2014, Mark Carnevale, and Walter D. McLaughlin as treasurer received three contributions totaling $5,563 during the 90 days before the November 4, 2014 election and failed to file three 24 hour contribution reports, in violation of Government Code Section 84203 (3 counts). Total Proposed Penalty: $834.

    Carnevale - Stip

    9. In the Matter of the Committee to Elect Shelley Kaplan to City Council 2014 and Shelley Kaplan; FPPC No. 14/1279. Staff: Political Reform Consultant Jeanette E. Turvill. Committee to Elect Shelley Kaplan to City Council 2014 and Shelley Kaplan received four contributions totaling $4,500 during the 90 days before the November 4, 2014 election and failed to file four 24 hour contribution reports, in violation of Government Code Section 84203 (4 counts). Total Proposed Penalty: $675.

    Kaplan - Stip

    Statement of Economic Interests Non-Filer

    10. In the Matter of Andrew Green; FPPC No. 15/030.Staff: Political Reform Consultant Jeanette E. Turvill. Andrew Green, as a member of the California Arts Council, failed to timely file a 2013 Annual Statement of Economic Interests, covering the period January 1, 2013, through December 31, 2013, due on April 1, 2014, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $300.

    Green - Stip

    11. In the Matter of Cydney Bensimon; FPPC No. 15/016.Staff: Political Reform Consultant Teri Rindahl. Cydney Bensimon, as a Hearing Officer with the City of Los Angeles, failed to timely file a 2013 Annual Statement of Economic Interests, covering the period January 1, 2013, through December 31, 2013, due on April 1, 2014, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.

    Bensimon - Stip

    12. In the Matter of Isis Spinola-Schwartz; FPPC No. 14/1379.Staff: Political Reform Consultant Adrianne Korchmaros. Isis Spinola-Schwartz, as a Board Member on the Marin County Strawberry Design Review Board, failed to timely file a 2013 Annual Statement of Economic Interests, covering the period January 1, 2013, through December 31, 2013, due on April 1, 2014, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.

    Spinola-Schwartz - Stip

    Pro-Active Gift Non-Reporting

    13. In the Matter of Brenda Saavedra; FPPC No. 14/1012.Staff: Commission Counsel Bridgette Castillo, Legal Analyst Tracey Frazier, Law Clerk Elizabeth Smutz, and Law Clerk Robert Nash. Brenda Saavedra, as a Trustee for the Delhi Unified School District, failed to timely disclose gifts of two meals valued at $157.64 on her 2010 Statement of Economic Interests  from Stone and Youngberg LLC, in violation of Government Code Section 87207 (1 count). Total Proposed Penalty: $200.

    Saavedra - Stip

    16. Closed Session

    Pending Litigation (Gov. Code 11126(c)(1)). Deliberation upon: Administrative Hearing: In the Matter of Frank J. Burgess (FPPC No. 12/516).

    17. Executive Staff Reports

    Legislative Report. Staff: Senior Commission Counsel and Legislative Coordinator, Sukhi Brar.  The Commission is asked to adopt a support position on Assembly Bill 594.

    March 2015 Legislative Report

    Litigation Report. Staff: Assistant General Counsel, John W. Wallace

    March 2015 Litigation Report

    Legal Division Report. Staff: Assistant General Counsel, John W. Wallace

    March 2015 Legal Division Report

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

    March 2015 Enforcement Division Report

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

    March 2015 TAD Division 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.