April 2016 Agenda

    NOTICE AND AGENDA

    Commission Meeting

     

    California Fair Political Practices Commission

    428 J Street, Suite 800

    Sacramento, CA 95814


    Thursday, April 21, 2016

    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

    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 - Heather Murphy (item 4)

    Comment Letter - Lindie O'Brien (item 4)

    Comment Letter - Haze Sommer (item 4) 

    Comment Letter - Kimberly Ventre (item 4)

    Comment Letter - San Juan Capistrano Citizens (item 22)

    Comment Letter - Common Cause (item 30) 

    2. Approval of March 2016 Commission Meeting Minutes

    3-27 Enforcement - Consent Calendar

    Conflicts of Interest

    3. In the Matter of Kendra Okonkwo; FPPC No. 12/334. Staff: Senior Commission Counsel Angela Brereton. Kendra Okonkwo was the Executive Director of Wisdom Academy of Young Scientists (WAYS), a public charter elementary school located in Los Angeles, CA. Okonkwo violated the Act by using her official position to influence governmental decisions of the WAYS Board of Directors when: she negotiated and signed lease agreements between her and WAYS for real property in which she had an economic interest of $2,000 or more, in violation of Government Code Section 87100 (2 counts): she made governmental decisions by signing contracts as the Executive Director on behalf of WAYS for site improvements to real property in which she held an economic interest of $2,000 or more, in violation of Government Code Section 87100 (2 counts). Total Proposed Penalty: $16,000.

    Okonkwo - Stip

    4. In the Matter of Gregory Cox; FPPC No. 16/292. Staff: Senior Commission Counsel Neal Bucknell and Investigative Intern Robin Davis. Gregory Cox is a member of the California Coastal Commission. In October 2015, at a public meeting of the Coastal Commission, Cox moved to approve an application by SeaWorld for a permit to replace and expand its existing orca facility with a condition limiting the number of orcas in the facility. The motion was amended to ban captive breeding of orcas at SeaWorld and to restrict orca transfers and passed 11 to 1. Cox was the dissenting vote. Then, the Coastal Commission unanimously voted to approve the permit with an amendment relating to orcas. When Cox voted on these matters, he held, through his wife, a disqualifying interest in SeaWorld stock, in violation of Government Code section 87100 (1 count). Total Proposed Penalty: $3,000.

    Cox - Stip

    Surplus Funds

    5. In the Matter of Geraldine “Gerri” Guzman, Friends to Elect Gerri Guzman for School Board and Charlotte Trujillo; FPPC No. 13/1334. Staff: Senior Commission Counsel Zachary W. Norton and Special Investigator Ann Flaherty. Guzman was an unsuccessful candidate for re-election to the Montebello Unified School District Board of Education in the November 5, 2013 General Election, Friends to Elect Gerri Guzman for School Board was Guzman’s controlled recipient committee, and Trujillo was the treasurer. In this matter, Guzman, the Committee, and Trujillo failed to include occupation and employer information for approximately 21 individual contributors, in violation of Government Code Section 84211, subdivision (f) (1 count), made expenditures totaling approximately $3,000 for miscellaneous expenditures from campaign funds that had become surplus, in violation of Government Code Section 89519 (1 count), and failed to pay the 2013 and 2014 $50 annual fees to the Secretary of State’s Office, and failed to pay the $150 penalties for each unpaid annual fee, in violation of Government Code Section 84101.5, subdivisions (c) and (d) (1 count). Total Proposed Penalty: $5,000.

    Guzman - Stip

    Campaign Reporting

    6. In the Matter of Monica Cooper and Friends to Elect Monica Cooper Treasurer of Carson 2015; FPPC No. 15/200. Staff: Senior Commission Counsel Angela Brereton. Monica Cooper was a successful candidate for City Treasurer for the City of Carson in the March 3, 2015 election. Friends to Elect Monica Cooper Treasurer of Carson 2015 (the Committee), was Cooper’s candidate controlled committee and Cooper was the Committee’s treasurer. Cooper and the Committee failed to deposit contributions into a single, designated campaign bank account prior to expenditure, in violation of Government Code Sections 85201, subdivisions (c) and (e) (1 count); and Cooper and the Committee made cash expenditures of $100 or more, totaling approximately $4,010, in violation of Government Code Section 84300, subdivision (b) (1 count). Total Proposed Penalty: $4,000.

    Cooper - Stip

    Campaign Statement Non-Filer

    7. In the Matter of Shelly Garza for City Council District 5-2012, Aracely “Shelly” Garza, and Kathy Kyllonen; FPPC No. 13/1114. Staff: Senior Commission Counsel Zachary W. Norton. Shelly Garza was an unsuccessful candidate for Oakland City Council, District 5 in the November 6, 2012 General Election. Shelly Garza for City Council District 5-2012 was her candidate controlled recipient committee. Kathy Kyllonen was the treasurer. Garza, the Committee, and Kyllonen failed to file a semiannual campaign statement, in violation of Government Code Section 84200 (1 count). Total Proposed Penalty: $650.

    Garza - Stip

    8. In the Matter of Peate for Community College Board of Trustees 2010, Dan Peate, and John Peate, Treasurer; FPPC No. 13/310. Staff: Commission Counsel Michael W. Hamilton. Peate for Community College Board of Trustees 2010 is a local candidate controlled committee. Dan Peate was an unsuccessful candidate in November 2, 2010 election for the Ventura County Community College District Board of Trustees. At all times relevant, John Peate was the treasurer. Dan Peate and the Committee failed to timely file a semiannual campaign statement for the period of January 1, 2011 through June 30, 2011, in violation of Government Code Section 84200 (1 count). Total Proposed Penalty: $600.

    Peate - Stip

    9. In the Matter of Andrew Blumenfeld for Assembly; FPPC No. 15/2243. Staff: Political Reform Consultant Jeanette Turvill. Andrew Blumenfeld for Assembly is a candidate controlled committee. The committee failed to timely file a 10-day report disclosing two loans the committee received from the candidate, in violation of Government Code Section 85309 (1 count). Total Proposed Penalty: $450.

    Blumenfeld - Stip

    10. In the Matter of Dolores Marquez for SCC Board of Education 2014; Dolores Marquez, Angelica Frausto, Treasurer; FPPC No. 15/1340. Staff: Political Reform Consultant Jeanette Turvill. Dolores Marquez for SCC Board of Education 2014 is a candidate controlled committee. Dolores Marquez and her committee treasurer, Angelica Frausto, failed to timely file a semiannual campaign statement for the reporting periods of January 1, 2015 through June 30, 2105, and July 1, 2015 through December 31, 2015, in violation of Government Code Section 84200 (2 counts). Total Proposed Penalty: $400.

    Marquez - Stip

    11. In the Matter of Silva for Stockton Mayor 2016, Anthony Silva, and Robert McNeal; FPPC No. 16/179. Staff: Political Reform Consultant Jeanette Turvill. Silva for Stockton Mayor 2016 is a candidate controlled committee. Anthony Silva is running for re-election at the June 2016 Primary. Mr. Silva and his committee treasurer, Robert McNeal, failed to timely file a semiannual campaign statement for the reporting period of July 1 through December 31, 2015, in violation of Government Code Section 84200 (1 count). Total Proposed Penalty: $307.

    Silva - Stip

    Lobbyist Reporting

    12. In the Matter of County of Madera; FPPC No. 15/1307. Staff: Assistant Chief of Enforcement Dave Bainbridge and Law Clerk Ryan Mahoney. The County of Madera failed to timely file a Lobbyist Employer report for the period of October 1, 2014 through December 31, 2014, in violation of Government Code Section 86117 (1 count). Total Proposed Penalty $425.

    Madera - Stip

    Statement of Economic Interests Non-Filer

    13. In the Matter of Nidia Bautista; FPPC No. 15/1226. Staff: Commission Counsel Zachary W. Norton. Nidia Bautista, as an Assistant Consultant with the California State Senate, failed to timely file 2013 and 2014 Annual Statements of Economic Interests, in violation of Government Code Sections 87300 and 87302, subdivision (b). (2 counts). Total Proposed Penalty: $2,200.

    Bautista - Stip

    14. In the matter of Jeffrey Senior; FPPC No. 15/033. Staff: Assistant Chief of Enforcement Dave Bainbridge and Law Clerk Elizabeth Enea. Jeffrey Senior, Commissioner of the California Travel and Tourism Commission, failed to timely file 2013 and 2014 Annual Statements of Economic Interests, in violation of Government Code Section 87300 (2 counts). Total Proposed Penalty: $2,000.

    Senior - Stip

    15. In the Matter of Vincent Wells; FPPC No. 16/035. Staff: Political Reform Consultant Adrianne Korchmaros. Vincent Wells, as a Member of the Oversight Board to the Successor Agency of the Redevelopment Agency for the City of Walnut Creek, failed to timely file 2013 and 2014 Annual Statements of Economic Interests, in violation of Government Code Section 87300 (2 counts). Total Proposed Penalty: $400.

    Wells - Stip

    16. In the Matter of Archelle Funnie; FPPC No. 15/2092. Staff: Political Reform Consultant Teri Rindahl. Archelle Funnie, as a Planning Commissioner with the City of East Palo Alto, failed to timely file a 2014 Annual Statement of Economic Interests, in violation of Government Code Section 87202 (1 count). Total Proposed Penalty: $300.

    Funnie - Stip

    17. In the Matter of Bill Bonini; FPPC No. 15/1225. Staff: Commission Counsel Tanya Smith. Bill Bonini, as a director of the Tomales Village Community Services District, failed to timely file an Assuming Office Statement of Economic Interests covering the period of January 1, 2013 through January 1, 2014, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200. 

    Bonini - Stip

    18. In the Matter of Julius Fu; FPPC No. 16/013. Staff: Political Reform Consultant Teri Rindahl. Julius Fu, as a Consultant with the Santa Clara County Mental Health Department, failed to timely file a 2014 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.

    Fu - Stip

    19. In the Matter of Susan Adams; FPPC No. 16/162. Staff: Political Reform Consultant Adrianne Korchmaros. Susan Adams, as a Planning Commissioner for the City of Rohnert Park, failed to timely file a 2014 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Total Proposed Penalty: $200.

    Adams - Stip

    20. In the Matter of Wenn Chyn; FPPC No. 16/250. Staff: Assistant Political Reform Consultant Chloe Hackert. Wenn Chyn, as a Civil Engineer with the City of Los Angeles Bridge Improvement Division, failed to timely file a 2014 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.

    Chyn - Stip

    21. In the Matter of Arnold Suzukamo; FPPC No. 16/247. Staff: Assistant Political Reform Consultant Chloe Hackert. Arnold Suzukamo, as a Senior Systems Analyst II with the Los Angeles City Police Department, failed to timely file a 2014 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.

    Suzukamo - Stip

    Statement of Economic Interests Non-Reporter

    22. In the Matter of Robert Williams; FPPC No. 16/067. Staff: Political Reform Consultant Jeanette Turvill. Robert Williams, as a Planning Commissioner for the City of San Juan Capistrano, failed to disclose his investment in and income from Studio 6 Architects on his Annual Statements of Economic Interests covering period of 2011 through 2014, in violation of Government Code Sections 87206 and 87207 (4 counts). Total Proposed Penalty: $400.

    Williams - Stip

    23. In the Matter of Larry Barrett; FPPC No. 16/239. Staff: Political Reform Consultant Adrianne Korchmaros. Respondent Larry Barrett, as a Board Member of the Golden Hills Community Service District, failed to timely disclose his economic interests on income received as a realtor on the Assuming Office and 2014 Annual Statements of Economic Interests covering the period of January 7, 2011 through December 31, 2014, in violation of Government Code Section 87207 (2 counts). Total Proposed Penalty: $200.

    Barrett - Stip

    Annual Fee

    24. In the Matter of Responsible Leadership for a Better Community and David Gould, Treasurer; FPPC No. 15/2122. Staff: Commission Counsel Michael W. Hamilton. Responsible Leadership for a Better Community and David Gould, failed to pay the 2014 $50 annual fee to the Secretary of State’s Office, in violation of Government Code Section 84101.5. Total Proposed Penalty: $200.

    Responsible Leadership - Stip

    25. In the Matter of Jaime Bonilla for Otay Water Board and Maria Stere, Treasurer; FPPC No. 15/2130. Staff: Senior Commission Counsel Bridgette Castillo. Jaime Bonilla for Otay Water Board, Jaime Bonilla was previously an Otay Water Board Member, and Maria Stere failed to pay the 2014 $50 annual fee to the Secretary of State’s Office, in violation of Government Code Section 84101.5. Total Proposed Penalty: $200.

    Bonilla - Stip

    26. In the Matter of Palo Altans to Preserve Neighborhood Zoning and Timothy Gray, Treasurer; FPPC No. 15/2162. Staff: Senior Commission Counsel Bridgette Castillo. Palo Altans to Preserve Neighborhood Zoning, a City General Purpose Committee, and Timothy Gray failed to pay the 2014 $50 annual fee to the Secretary of State’s Office, in violation of Government Code Section 84101.5. Total Proposed Penalty: $200.

    Altans - Stip

    27. In the Matter of Garvey Education Association Political Action Committee and Ken Tang, Treasurer; FPPC No. 15/2171. Staff: Senior Commission Counsel Bridgette Castillo. Garvey Education Association Political Action Committee, a County General Purpose Committee, and Ken Tang failed to pay the 2014 $50 annual fee to the Secretary of State’s Office, in violation of Government Code Section 84101.5. Total Proposed Penalty: $400.

    Garvey - Stip

    28-30 General Items

    28. Assignment of Hearing to Administrative Law Judge (ALJ): In the Matter of Ventura County Republican Party and Arkady Milgram; FPPC No. 16/100. Staff: Chief of Enforcement Galena West and Senior Commission Counsel Angela Brereton. The Executive Director and the Chief of Enforcement are recommending that a hearing be conducted before an ALJ pursuant to Section 11512, subdivision (a). The ALJ will make a recommendation to the Commission on the findings of fact, law and penalty, if applicable, in the matter. The Commission will then have the opportunity to make the final determination on the case. If the Commission agrees with this recommendation, no action is required.

    Ventura County Republican Party - Stip

    29. Adoption of procedures for state and multi-county agencies adopting or amending a conflict of interest code. Repeal Regulations 18750 through 18750.2 and 18752, and Re-Adopt Regulation 18750. Staff: General Counsel Hyla Wagner and Senior Commission Counsel Brian Lau.  Proposed Regulation 18750 will clarify the procedures for adopting or amending a conflict of interest code subject to the Commission’s approval and consolidates four existing regulations into a single regulation. In addition to streamlining existing rules, this proposal will also (1) further describe standard code requirements, (2) encourage agencies to seek preliminary review of proposed codes or amendments, and (3) delete unnecessary language regarding the Commission’s procedure for review already provided in the Act.  These revisions will make it easier and quicker for state and multi-county agencies to adopt or update their conflict of interest codes.

    Conflict of Interest Code Approval Process - Memo

    Regulation 18750 - Adopt

    Regulation 18750 - Repeal

    Regulation 18750.1 - Repeal

    Regulation 18750.2 - Repeal

    Regulation 18752 - Repeal

    30. Legislative Update for April 2016. Staff: Phillip Ung, Legislative and External Affairs Director. The Legislature began policy committee hearings for the 2016 session. This report includes a summary of 22 bills and one constitutional amendment current pending that would impact the Political Reform Act and Government Code 1090. Staff is recommending an active position on one bill.

    April 2016 Legislative Update

    31. Executive Staff Reports

    Enforcement Division. Galena West, Enforcement Chief

    Legal Division. Hyla P. Wagner, General Counsel

    External Affairs and Education Division. Tara Stock, Manager 

    April 2016 Executive Staff Report

    Additional Information

    [1]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. E-mail comment letters directly to CommAsst@fppc.ca.gov.

    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 or CommAsst@fppc.ca.gov. 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.