May 2015 Agenda
NOTICE AND AGENDA
Commission Meeting
California Fair Political Practices Commission
428 J Street, Suite 800
Sacramento, CA 95814
Thursday, May 21, 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 Casher will attend this meeting of the Commission via teleconference from 444 N. Rexford Dr., Beverley Hills, CA 90210.
Commissioner Eskovitz will attend this meeting of the Commission via teleconference from 355 South Grand Avenue, Los Angeles, CA 90071.
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 - Jason Barrier (item 3)
Comment Letter - Eileen Spencer (item 4)
2. Approval of April 2015 Commission Hearing Minutes
3-21 Enforcement - Consent Calendar
Conflict of Interest
3. In the Matter of Miguel Pulido; FPPC No. 14/131. Staff: Senior Commission Counsel Neal Bucknell and Special Investigator Lee Myers. This settlement is the result of a joint investigation with the Orange County District Attorney’s office. Miguel Pulido is the Mayor of Santa Ana. In January 2011, he voted to renew a contract with Orange County Auto Parts, but the store owner was a source of income to Mayor Pulido because of a recent real estate transaction. Thus, Mayor Pulido’s vote was a conflict of interest in violation of Government Code Section 87100 (1 count). Also, Mayor Pulido failed to disclose certain information on annual Statements of Economic Interests that he was required to file for various official positions that he held from 2009 through 2012. Most of the omitted information pertained to the property that was involved in the real estate transaction. In this way, Mayor Pulido committed multiple violations of Government Code Sections 87206, 87207, and 87300 (5 counts). Total Proposed Penalty: $13,000.
4. In the Matter of Tom Hammond; FPPC No. 14/1357. Staff: Commission Counsel Adam Silver and Special Investigator George Aradi. Tom Hammond, a member of the Lassen County Board of Supervisors, made agovernmental decision in which he had a financial interest by voting to approve the sale and exemption of land located within 500 feet of real property in which Hammond held an interest, in violation of Government Code Section 87100 (1 count). Total Proposed Penalty: $2,500.
Campaign Reporting
5. In the Matter of Rancho Cucamonga Professional Firefighters Association IAFF Local 2274 PAC and Michael McCliman; FPPC No. 14/602. Staff: Senior Commission Counsel Dave Bainbridge and Program
Specialist Luz Bonetti. This matter resulted from an audit performed by the Political Reform Audit Program of the Franchise Tax Board. Rancho Cucamonga Professional Firefighters Association IAFF Local 2274 PAC and its treasurer, Michael McCliman, failed to timely file two pre-election campaign statements, in violation of Government Code Section 84200.7, subdivision (a) (1 count), failed to timely disclose contributions on campaign statements, in violation of Government Code Section 84211, subdivisions (a) and (d) (1 count), and failed to timely disclose expenditures on a campaign statement, in violation of Government Code Section 84211, subdivision (b) and (k) (1 count). Total Proposed Penalty: $6,000.
6. In the Matter of Patricia Washington and Pat Washington for Assembly 2012; FPPC No. 14/111. Staff: Senior Commission Counsel Bridgette Castillo and Program Specialist Soni Mangat. This matter arose out of an audit performed by the Political Reform Audit Program of the Franchise Tax Board. Patricia Washington, and her candidate controlled committee, Pat Washington for Assembly 2012, failed to timely disclose required financial activity on the pre-election campaign statement for the reporting period January 1, 2012, through March 17, 2012, in violation of Government Code Section 84211, subdivisions (a)-(j) (1 count), and failed to maintain required campaign records for the pre-election campaign statement for the reporting period January 1, 2012, through March 17, 2012, in violation of Government Code Section 84104 (1 count). Total Proposed Penalty: $4,500.
7. In the Matter of Committee for a Vibrant Downtown – No on Measure M – Major Funding by Greenheart Land Company and Russell MIller; FPPC No. 14/1248. Staff: Senior Commission Counsel Dave
Bainbridge and Special Investigator Lee Myers. Committee for a Vibrant Downtown – No on Measure M – Major Funding by Greenheart Land Company and its treasurer, Russell Miller, failed to timely disclose on the
committee’s campaign statement a non-monetary contribution valued at $31,030, in violation of Government Code Section 84211, subdivisions (a), (c), and (f) (1 count). Total Proposed Penalty: $ 2,500.
8. In the Matter of Teamsters Joint Council No. 7 PAC; FPPC No. 14/1121. Staff: Commission Counsel Zachary W. Norton and Program Specialist Grant Beauchamp. This matter arose out of an audit performed by the Political Reform Audit Program of the Franchise Tax Board. Teamsters Joint Council No. 7 PAC is a general purpose committee sponsored by the Teamsters Joint Council No. 7. Teamsters Joint Council No. 7 PAC failed to file a ballot measure contribution report within 10 business days of making an independent expenditure on August 02, 2012 and a contribution on August 29, 2012, each totaling five thousand dollars ($5,000) or more, to support or oppose the qualification or passage of a single state ballot measure, in violation of Government Code Section 84204.5 (1 count). Total Proposed Penalty: $2,000.
San Bernardino County
9. In the Matter of Michael Ramos, Friends of Mike Ramos for San Bernardino County District Attorney 2014, and Marvin Reiter; FPPC No. 14/334. Staff:Commission Counsel Zachary W. Norton and Program Specialist Grant Beauchamp. This matter arose out of an audit performed by the Enforcement Division of the Fair Political Practices Commission, as a part of the contract with the County of San Bernardino to audit each candidate campaign committee for elected county offices. MikeRamos was a successful candidate for re-election to San Bernardino County District Attorney in the June 3, 2014 election. Friends of MikeRamos for San Bernardino County District Attorney 2014 was his candidate controlled committee. Marvin Reiter was the Committee Treasurer. Ramos, Friends of MikeRamos for San Bernardino County District Attorney 2014, and Reiter failed to timely file a second pre-election campaign statement by May 22, 2014, for the reporting period March 18, 2014 through May 17, 2014, in violation of Government Code Sections 84200.5, subdivision (b), and 84200.7, subdivision (a) (1 count), and failed to disclose vendor information for credit card expenditures of $100 or more, totaling approximately $14,025, in violation of Government Code Section 84211, subdivision (k) (1 count) Total Proposed Penalty: $5,000.
10. In the Matter of Clifton L. Harris and Clifton L. Harris for San Bernardino County Sheriff 2014; FPPC No. 14/147. Staff:Commission Counsel Zachary W. Norton and Program Specialist Luz Bonetti. This matter arose out of an audit performed by the Enforcement Division of the Fair Political Practices Commission, as a part of the contract with the County of San Bernardino to audit each candidate campaign committee for elected county offices. Clifton L. Harris was an unsuccessful candidate for San Bernardino County Sheriff in the June 3, 2014 election. Clifton L. Harris for San Bernardino County Sheriff 2014 was his candidate controlled committee. Harris and Clifton L. Harris for San Bernardino County Sheriff 2014, made expenditures totaling $5,549 from a source other than the single, designated campaign bank account, in violation of Government Code Section 85201, subdivisions (c), (d), and (e) (1 count). Total Proposed Penalty: $3,000.
11. In the Matter of Paul Schrader, Elect Paul Schrader Sheriff/Coroner/Public Administrator 2014, and Judith Schrader; FPPC No. 14/046. Staff: Commission Counsel Zachary W. Norton and Program Specialist Luz Bonetti. This matter arose out of an audit performed by the Enforcement Division of the Fair Political Practices Commission, as a part of the contract with the County of San Bernardino to audit each candidate campaign committee for elected county offices. Paul Schrader was an unsuccessful candidate for San Bernardino Sheriff/Coroner/Public Administrator in the June 3, 2014 election. Elect Paul Schrader Sheriff/Coroner/Public Administrator 2014 was his candidate controlled committee. Judith Schrader was the Committee Treasurer. Schrader, Elect Paul Schrader Sheriff/Coroner/Public Administrator 2014, and Schrader, received a cash contribution of $900, on March 03, 2013, in violation of Government Code Section 84300, subdivisions (a) and (c) (1 count). Total Proposed Penalty: $1,500.
12. In the Matter of Randolph Beasley and Beasley for Supervisor 2014; FPPC No. 14/319. Staff: Commission Counsel Zachary W. Norton and Program Specialist Soni Mangat. This matter arose out of an audit performed by the Enforcement Division of the Fair Political Practices Commission, as a part of the contract with the County of San Bernardino to audit each candidate campaign committee for elected county offices. Randolph Beasley was an unsuccessful candidate for San Bernardino Supervisor, District 2 in the June 3, 2014 election. Beasley for Supervisor 2014 was his candidate controlled committee. Beasley and Beasley for Supervisor 2014 received cash loans totaling $8,200, on March 07, 2014, in violation of Government Code Section 84300, subdivisions (a) and (c) (1 count). Total Proposed Penalty: $1,500.
13. In the Matter of Grover Merritt, Grover Merritt For District Attorney 2014, Robert Rego; FPPC No. 14/297. Staff: Commission Counsel Zachary W. Norton and Program Specialists Bob Perna and Luz Bonetti. This matter arose out of an audit performed by the Enforcement Division of the Fair Political Practices Commission, as a part of the contract with the County of San Bernardino to audit each candidate campaign committee for elected county offices. Grover Merritt was an unsuccessful candidate for San Bernardino County District Attorney in the June 3, 2014 election. Grover Merritt For District Attorney 2014 was his candidate controlled committee. Robert Rego was the Committee Treasurer. Merritt, Grover Merritt For District Attorney 2014, and Rego, received a monetary contribution of $4,000, on March 16, 2014, in the form of a cashier’s check, which was not drawn from the bank account of the contributor, in violation of Government Code Section 84300, subdivision (c) (1 count). Total Proposed Penalty: $1,500.
14. In the Matter of Larry Walker, Larry Walker Auditor Committee 2014, and David Gould; FPPC No. 13/912. Staff: Commission Counsel Zachary W. Norton and Program Specialist Luz Bonetti. This matter arose out of an audit performed by the Enforcement Division of the Fair Political Practices Commission, as a part of the contract with the County of San Bernardino to audit each candidate campaign committee for elected county offices. Larry Walker was a successful candidate for San Bernardino County Auditor-Controller/Treasurer/Tax Collector in the June 3, 2014 election. Larry Walker Auditor Committee 2014 was his candidate controlled committee. David Gould was the Committee Treasurer. Walker, Larry Walker Auditor Committee 2014, and Gould failed to timely file a Late Contribution Report electronically or in paper format to disclose a $1,000 contribution received on May 2, 2014, in violation of Government Code Section 84203 (1 count). Total Proposed Penalty: $150.
Personal Use of Campaign Funds
Personal Use of Campaign Funds
15. In the Matter of Constance Conley; FPPC No. 12/290. Staff: Commission Counsel Adam Silver and Special Investigator Ann Flaherty. Constance Conley, treasurer for Elk Grove Community Connection PAC, used campaign funds in the amount of $3,900 for purposes that did not directly relate to a political, legislative, or governmental purpose, in violation of Government Code Sections 89512.5 (1 count). Total Proposed Penalty: $3,000.
Mass Mailer
16. In the Matter of Norman Hsu; FPPC No. 13/1108. Staff: Commission Counsel Milad Dalju and Special Investigator Beatrice Moore. Norman Hsu sent four mass mailings without disclosing his name and address on the outside of each piece of mail, in violation of Government Code Section 84305, subdivision (b) (2 counts). Total Proposed Penalty: $5,500.
Major Donor Reporting
17. In the Matter of Kenneth Eldred; FPPC No. 15/070. Staff: Political Reform Consultant Jeanette Turvill. Kenneth Eldred, 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: $400.
18. In the Matter of Rebecca Hagelin; FPPC No. 15/068. Staff: Political Reform Consultant Jeanette Turvill. Rebecca Hagelin, 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: $400.
Statement of Economic Interests - Non-Reporting
19. In the Matter of Victor Uno; FPPC No. 14/031. Staff: Commission Counsel Zachary W. Norton and Special Investigator George Aradi. Victor Uno, a Commissioner with the Oakland Port Authority, failed to disclose IBEW 595 and the Alameda Labor Council as sources of income on his 2010 through 2014 annual statements of economic interests, in violation of Government Code Sections 87300 and 87302, subdivision (b) (2 counts). Total Proposed Penalty: $2,500.
Statement of Economic Interests - Non-Filer
20. In the Matter of Tine Sloan; FPPC File No. 15/032. Staff: Political Reform Consultant Jeanette Turvill. Tine Sloan, as a member of the Commission on Teacher Credentialing, failed to timely file his 2014 Annual Statement of Economic Interests, covering the period January 1, 2013, through December 31, 2013, due April 1, 2014, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $500.
21. In the Matter of Edwin Davenport; FPPC No. 15/0007. Legal Analyst Tracey Frazier and Law Clerk Preeti Grewal. Edwin Davenport, as a Member of the Siskiyou County Assessment Appeals Board, failed to timely file his 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.
22-23 General Items
22. Enforcement Streamlined Programs. Staff: Galena West, Acting Enforcement Division Chief. Staff will present the Commission with Enforcement’s recommendations for the existing streamlined programs and propose additional types of violations for new streamlined programs. This comprehensive overview of all streamlined programs includes proposed guidelines, penalty amounts, and a stipulation template for each program.
Exhibit 3 Campaign statement Non-Filer
23. Conflict of Interest Project: Making, Participating In, and Influencing Governmental Decisions and Final Reorganization. Staff: General Counsel Hyla Wagner and Senior Commission Counsel Brian Lau.
Concluding the ongoing Conflict of Interest Project to simplify the existing regulations, staff is proposing (1) revisions consolidating and clarifying Regulations 18704 through 18704.4 defining when an official is making, participating in making, or attempting to use his or her position to influence a decision; (2) merging existing disqualification and recusal requirements in Regulations 18704.1 and 18705; and (3) renumbering Regulation 18704.6 defining consultants and public officials who manage public investments.
Revised 18704. Regulation (Amendment)
18700.3. Regulation (Adoption)
24. Closed Session
Pending Litigation. The Board will meet in closed session to discuss a pending litigation matter with its legal counsel pursuant to Government Code Section 11126(e)(2)(B)(i) and 11126(e)(2)(C)(i).
25. Executive Staff Reports and Action Item
Legislative Report. Staff: Senior Commission Counsel and Legislative Coordinator, Sukhi Brar.
Litigation Report. Staff: General Counsel, Hyla P. Wagner
Legal Division Report. Staff: General Counsel, Hyla P. Wagner
May 2015 Legal Report
Enforcement Division Report. Staff: Acting Chief of Enforcement, Galena West
May 2015 Enforcement Report
Technical Assistance Division Report. Staff: Chief of Technical Assistance Division, Lynda Cassady
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.