October 2016 Agenda

    NOTICE AND AGENDA

    Commission Meeting

     

    California Fair Political Practices Commission

    428 J Street, Suite 800

    Sacramento, CA 95814


    Thursday, October 20, 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.

    Commissioner Audero will attend this meeting of the Commission via teleconference from:

    The Ritz-Carlton, Naples

    280 Vanderbilt Beach Road

    Royal Poinciana Conference Room

    Naples, FL 34108

    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.

    2. Approval of September 2016 Commission Meeting Minutes

    3-21 Enforcement - Consent Calendar

    Campaign Reporting

    3. In the Matter of Luis Castro, Committee to Elect Luis Castro for Calexico City Council Member 2012, and Ana Castro, Treasurer; FPPC Case No. 13/1200. Staff: Senior Commission Counsel Neal Bucknell and Chief Investigator Sandra Buckner. In 2012, Luis Castro was a successful candidate for re-election to the Calexico City Council. Committee to Elect Luis Castro for Calexico City Council Member 2012 was his candidate controlled committee, and his wife, Ana Castro, was the committee treasurer. The committee failed to use a single, designated campaign bank account, in violation of Government Code Section 85201 (1 count); accepted unlawful cash contributions and expenditures in violation of Government Code Section 84300, subdivisions (a) and (b) (1 count). The committee also failed to timely file two pre-election campaign statements in violation of Government Code Sections 84200.5, subdivision (b), and 84200.7, subdivision (b) (1 count). Total Proposed Penalty: $7,000.

    Castro - Stip

    Advertising Disclosures

    4. In the Matter of the Hemet Taxpayers Association; FPPC No. 16/426. Staff: Commission Counsel Michael W. Hamilton and Special Investigator Marshall Miller. The Hemet Taxpayers Association, a general purpose committee in the City of Hemet, produced several campaign signs opposing Measure E that did not adequately disclose the committee as the source of the advertisements, in violation of Government Code Section 84504, subdivision (c). Total Proposed Penalty:  $2,000.

    Hemet Taxpayers - Stip

    Lobbying Reporting

    5. In the Matter of California Workers’ Compensation Defense Attorneys Association; FPPC No. 15/309. Staff: Commission Counsel Toren Lewis. California Workers’ Compensation Defense Attorneys Association failed to file two lobbyist employer reports covering the period of July 1, 2014 through December 31, 2014, in violation of Government Code Section 86117 (2 counts). Total Proposed Penalty: $400.

    CA Workers' Compensation - Stip

    Campaign Non-Filer

    6. In the Matter of John McPartland for BART Director 2012, John McPartland, and Kenneth Pon, Treasurer; FPPC No. 16/299. Staff: Assistant Chief of Enforcement Dave Bainbridge and Graduate Legal Assistant Amanda Kelly. John McPartland was a successful candidate for BART Board of Directors District 5 in the November 6, 2012 election. John McPartland for BART Director 2012 is McPartland’s candidate controlled committee. Kenneth Pon is the committee’s treasurer. The Committee, McPartland, and Pon failed to timely file one pre-election statement and six semiannual campaign statements, in violation of Government Code Sections 84200, 84200.5, subdivision (b), and 84200.7, subdivision (b) (2 counts). Total Proposed Penalty: $3,500.

    McPartland - Stip 

    7. In the Matter of Janet McClean and Janet McClean for SMUSD School Board 2012; FPPC Case No. 15/287. Staff: Commission Counsel Tanya Smith, Special Investigator Garrett Micheels, and Intern Andrew Neiman. Janet McClean was a successful candidate for the San Marcos Unified School District Governing Board on November 6, 2012. Janet McClean for SMUSD School Board 2012 is her candidate controlled committee. McClean and her committee failed to timely file one late contribution report due by October 5, 2012, in violation of Government Code Section 84203 (1 count). The committee failed to timely file five semiannual campaign statements covering the period of July 1, 2013 through June 30, 2016, in violation of Government Code Section 84200 (5 counts). Total Proposed Penalty: $1,227.

    McClean - Stip 

    8. In the Matter of Friends of Jim Cartmill Legal Defense Fund, Friends of Jim Cartmill Sweetwater Union High School District Area 3 2014, Jim Cartmill, and Dave Ruch, Treasurer; FPPC No. 16/295. Staff: Chief of Enforcement Galena West and Assistant Political Reform Consultant Chloe Hackert. Jim Cartmill was an unsuccessful candidate for Sweetwater Union High School District Trustee in the November 4, 2014 General Election. Friends of Jim Cartmill Sweetwater Union High School District Area 3 2014 is his candidate controlled committee. Friends of Jim Cartmill Legal Defense Fund is his legal defense committee. Friends of Jim Cartmill Sweetwater Union High School District Area 3 2014, Friends of Jim Cartmill Legal Defense Fund, Jim Cartmill, and Treasurer Dave Ruch failed to timely file two semiannual campaign statements for the period of July 1, 2015 through December 31, 2015, in violation of Government Code Section 84200 (2 counts). Total Proposed Penalty: $481.

    Cartmill - Stip 

    9. In the Matter of Newell Arnerich, Arnerich for Assembly 2014, and Robert Storer, Treasurer; FPPC No. 15/1298. Staff: Assistant Chief of Enforcement Dave Bainbridge and Graduate Legal Assistant Amanda Kelly.v Newell Arnerich was an unsuccessful candidate for the California State Assembly. Arnerich for Assembly 2014 is his candidate controlled committee. Robert Storer is the committee’s treasurer. Arnerich for Assembly 2014, Arnerich, and Storer failed to timely file two semiannual campaign statements covering the periods of January 1, 2015 through December 31, 2015, in violation of Government Code Section 84200 (2 counts). Total Proposed Penalty: $449.

    Arnerich - Stip 

    10.  In the Matter of Melinda Vasquez, Melinda Vasquez for Assembly 2016, and Kelvin Barrios, Treasurer; FPPC No. 16/512. Staff: Enforcement Chief Galena West and Enforcement Division Intake Manager Adrianne Korchmaros. Melinda Vasquez is a candidate for Assembly in the November 8, 2016 election. Melinda Vasquez for Assembly 2016 is Vasquez’s candidate controlled committee. Kelvin Barrios is the committee’s treasurer. The committee, Vazquez and Barrios failed to timely file one pre-election campaign statement covering the period April 24, 2016 through May 21, 2016, in violation of Government Code Section 84200.5 (1 count). Total Proposed Penalty: $405.

    Vasquez - Stip

    11. In the Matter of Friends of Gina Cuclis for Supervisor 2016, Gina Cuclis, and Roy Tennant, Treasurer; FPPC No. 16/784. Staff: Chief of Enforcement Galena West and Assistant Political Reform Consultant Chloe Hackert. Gina Cuclis was an unsuccessful candidate for Sonoma County Supervisor in the June 7, 2016 Primary Election. Friends of Gina Cuclis for Supervisor 2016 is her candidate controlled committee. Roy Tennant is the committee’s treasurer. Cuclis, Friends of Gina Cuclis for Supervisor 2016, and Tennant received a non-monetary contribution totaling $1,355 during the 90 days before the Primary Election and failed to file one 24-hour late contribution report, in violation of Government Code Section 84203 (1 count). Total Proposed Penalty: $213.

    Cuclis - Stip 

    12.  In the Matter of Jeffrey M. Herdman; FPPC No. 15/2266. Staff: Senior Commission Counsel Angela Brereton and Special Investigator Jay Martin. Jeffrey M. Herdman is a candidate for the Newport Beach City Council for the November 8, 2016 election. Herdman solicited and received contributions prior to filing his Candidate Statement of Intention (Form 501), in violation of Government Code Section 85200 (1 count). Total Proposed Penalty: $200.

    Herdman - Stip

    Statement of Economic Interests Non-Filer

    13. In the Matter of Aaron Medina; FPPC No. 14/1040 (Default Decision). Staff:  Commission Counsel Michael W. Hamilton, Graduate Legal Assistant Amanda Kelly, and Staff Services Analyst Dominika Wojenska. Aaron Medina, a member of the California Travel and Tourism Commission, failed to file an Assuming Office Statement of Economic Interests, and Annual Statements of Economic Interests for the years of 2013 and 2014, in violation of Government Code 87300. Total Proposed Penalty:  $15,000.

    Medina - Default Decision

    14. In the Matter of Albert Duff Sr.; FPPC No. 16/621. Staff: Enforcement Chief Galena West, Enforcement Intake Manager Adrianne Korchmaros, and Enforcement Division Intern Dylan Levine. Albert Duff Sr., as a Board Member for the Oxnard School District in the County of Ventura, failed to timely file his 2015 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $400.

    Duff - Stip 

    15. In the Matter of Perla Flores; FPPC File No. 16/049. Staff: Assistant Chief of Enforcement Dave Bainbridge and Graduate Legal Assistant Amanda Kelly. Perla Flores, as a member of the Santa Clara County Domestic Violence Council, failed to timely file her 2014 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.

    Flores - Stip 

    16. In the Matter of Mike Bramlette; FPPC No. 16/617. Staff: Enforcement Chief Galena West, Enforcement Intake Manager Adrianne Korchmaros, and Enforcement Division Intern Dylan Levine. Mike Bramlette, as a Director of the Santa Paula Unified School District in the County of Ventura, failed to timely file a 2015 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.

    Bramlette - Stip 

    17. In the Matter of Lawrence Michael Sprague; FPPC No. 16/703. Staff: Enforcement Chief Galena West, Enforcement Intake Manager Adrianne Korchmaros, and Enforcement Division Intern Dylan Levine. Lawrence Michael Sprague, as a Board Member for the Big Creek Elementary School in the County of Fresno, failed to timely file his 2015 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.

    Sprague - Stip 

    Statement of Economic Interests Non-Reporter

    18. In the Matter of Valentin Amezquita; FPPC No. 16/758. Staff: Assistant Chief of Enforcement Dave Bainbridge and Graduate Legal Assistant Amanda Kelly. Valentin Amezquita, a member of the Huntington Park City Council, failed to disclose a gift of a $75 dinner from Alvarez-Glasman & Colvin on his 2015 Statement of Economic Interests, in violation of Government Code Section 87207 (1 count). Total Proposed Penalty: $100.

    Amezquita - Stip 

    Annual Fee

    19. In the Matter of Sergio Sanchez for Salinas City Council and Sergio Sanchez; FPPC No. 15/1422. Staff: Assistant Chief of Enforcement Dave Bainbridge and Graduate Legal Assistant Amanda Kelly. Sergio Sanchez for Salinas City Council, a local candidate committee, and Sergio Sanchez, treasurer, failed to pay the 2013 $50 Annual Fee to the Secretary of State’s Office, in violation of Government Code Section 84101.5 (1 count). Total Proposed Penalty: $400.

    Sanchez for Salinas City Council - Stip 

    20. In the Matter of Families for Sergio Sanchez Mayor 2012 and Sergio Sanchez; FPPC No. 15/1423. Staff: Assistant Chief of Enforcement Dave Bainbridge and Graduate Legal Assistant Amanda Kelly. Families for Sergio Sanchez Mayor 2012, a local candidate committee supporting Salinas mayoral candidate Sergio Sanchez, and Sergio Sanchez, treasurer, failed to pay the 2013 $50 Annual Fee to the Secretary of State’s Office, in violation of Government Code Section 84101.5 (1 count). Total Proposed Penalty: $400.

    Families for Sergio Sanchez - Stip 

    21. In the Matter of Sanchez for Supervisor 2012 and Sergio Sanchez; FPPC No. 15/1462. Staff: Assistant Chief of Enforcement Dave Bainbridge and Graduate Legal Assistant Amanda Kelly. Sanchez for Supervisor 2012, a local candidate committee supporting Monterey County Board of Supervisors candidate Sergio Sanchez, and Sergio Sanchez, treasurer, failed to pay the 2013 $50 Annual Fee to the Secretary of State’s Office, in violation of Government Code Section 84101.5 (1 count). Total Proposed Penalty: $400.

    Sanchez for Supervisor - Stip

    22-23 General Items

    22. Update of the “Guide to the Gift Regulations” and adoption of Form 807 in response to the enactment of SB 21 in 2015. Amend Regulation 18940 and adopt Form 807. Staff: General Counsel Hyla Wagner and Commission Counsel Matthew Christy. SB 21 (Stats. 2015, ch. 757) amended the Act to (1) additionally require filers of statements of economic interests, in the case of a gift that is a “travel payment, advance, or reimbursement,” to disclose the travel destination, and (2) to require certain 501(c)(3) and 501(c)(4) nonprofit organizations that make specified types of travel payments, advances, or reimbursements for travel by an elected state officer or local elected officeholder to disclose the names of certain donors to the organization. Staff proposes that the Commission amend Regulation 18940, the “Guide to the Gift Regulations,” to provide additional notice of SB 21’s new disclosure requirements and further direction on how a covered nonprofit organization should disclose covered donors, and adopt Form 807 to facilitate a covered organization’s disclosure.

    Regulation 18940/Form 807 - Memo

    Regulation 18940

    Form 807

    23. Legislative Update for October 2016. Staff: Phillip Ung, Legislative and External Affairs Director. Governor Brown has concluded his actions on legislation and signed four bills that amend the Political Reform Act.

    October 2016 Legislative Report

    24. Closed Session

    Closed Session

    24. Pending Litigation. (Gov. Code Sec. 11126(e)(1). Deliberation on Burgess v. FPPC, Riverside Superior Court Case No: RIC-1510656.

    25. Executive Staff Reports

    25. Executive Staff Reports.

    Enforcement Division. Galena West, Enforcement Chief

    Legal Division. Hyla P. Wagner, General Counsel

    External Affairs and Education. Tara Stock, Manager 

    October 2016 Staff Reports

    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. 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.