FPPC Meeting Agendas

See: Current | Past | Upcoming agenda(s).

Meeting Agenda: April 19, 2005 (changed from April 14) including additional item

For agenda, please click on one of the following links:



NOTICE AND AGENDA
Commission Meeting1
428 J Street, Suite 800
Sacramento, CA 95814

Tuesday, April 19, 2005
9:45 a.m.

Last update 4/14/05 10:00 a.m.

This document is updated each day if new agenda related documents are received by the FPPC.

All proposed stipulations that appear on the agenda are signed by the Respondent(s) and the Executive Director. Signed copies are available at the Commission's offices, 428 J Street, 8th Floor, Sacramento, CA.


Additional Materials2

Agenda Item Number
Item

ITEM #

  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.

CONSENT ITEMS

  1. Approval of the March 21, 2005, Commission Meeting Minutes. Minutes

Campaign Reporting Violations (Default Decision)

  1. In the Matter of Yes on Measure G, Committee for Measure B: Measure B for Berryessa, and Lawrence S. Nichols, FPPC No. 98/597.Staff: Senior Commission Counsel Deanne Canar. Respondent Yes on Measure G and Respondent Committee for Measure B: Measure B for Berryessa were committees primarily formed to support a bond measure in the Berryessa Union School District in Santa Clara County. Respondent Lawrence S. Nichols, also known as Larry Nichols, was the treasurer for both committees. Respondents Yes on Measure G and Nichols failed to itemize contributions in campaign statements, in violation of Government Code section 84211, subdivision (f) (3 counts); failed to file, or timely file, semi-annual campaign statements, in violation of Government Code section 84200, subdivision (a) (10 counts); and failed to report sub-vendor information in a campaign statement, in violation of Government Code sections 84211, subdivision (k) and 84303 (1 count). Respondents Committee for Measure B: Measure B for Berryessa, and Nichols failed to timely file pre-election campaign statements, in violation of Government Code section 84200.8 (2 counts); failed to itemize contributions in campaign statements, in violation of Government Code section 84211, subdivision (f) (3 counts); and failed to file, or timely file, semi-annual campaign statements, in violation of Government Code section 84200, subdivision (a) (7 counts). Order / Exhibit

Campaign Reporting Violations

  1. In the Matter of Nathaniel Bates, Richmond City Councilman Nat Bates, Nat Bates for Mayor, and Larry Bates, FPPC No. 99/726. Staff: Senior Commission Counsel William L. Williams, Jr. and Investigator II Charlie Bilyeu. Respondent Nathaniel Bates was a successful candidate for the Richmond City Council in the 1999 general election. Respondent Richmond City Councilman Nat Bates was the controlled committee of Respondent Nathaniel Bates in that 1999 election. Respondent Nathaniel Bates was an unsuccessful candidate for Mayor of the City of Richmond in the 2001 general election. Respondent Nat Bates for Mayor was the controlled committee of Respondent Nathaniel Bates in that 2001 election. Respondent Larry Bates was the treasurer of both committees. Respondents Nathaniel Bates, Richmond City Councilman Nat Bates, and Larry Bates failed to disclose the receipt of a late contribution on a properly filed late contribution report, in violation of section 84203 of the Government Code (1 count), and failed to properly disclose the receipt of contributions in a pre-election statement in violation of section 84211, subdivision (f) of the Government Code (1 count). Respondents Nathaniel Bates, Nat Bates for Mayor, and Larry Bates failed to properly disclose the receipt of contributions in a pre-election statement in violation of Government Code section 84211, subdivision (f) (1 count). Order / Exhibit

  2. In the Matter of Black Men & Women and George Livingston, FPPC No. 99/726. Staff: Senior Commission Counsel William L. Williams, Jr. and Investigator II Charlie Bilyeu. Respondent Black Men & Women was a city general purpose committee in Richmond. Respondent George Livingston was the treasurer of the committee. Respondents failed to disclose the making of a late contribution on a properly filed late contribution report, in violation of section 84203 of the Government Code (1 count), and failed to properly disclose the making of contributions in a pre-election statement, in violation of Government Code section 84211, subdivision (k) (2 counts). Order / Exhibit

  3. In the Matter of Jack Scott, Jack Scott for State Senate Committee, and Jonathan Fuhrman, FPPC No. 02/507. Staff: Senior Commission Counsel Julia Bilaver and Accounting Specialist Bill Marland. Respondent Jack Scott was a successful candidate for the California State Senate, 21st District, in the November 7, 2000 statewide general election. Respondent Jack Scott for State Senate Committee is the controlled committee of Respondent Jack Scott, and Respondent Jonathan Fuhrman is the treasurer of Respondent Committee. Respondents failed to properly disclose 18 late contributions in paper late contribution reports, in violation of Government Code section 84203, subdivision (a) (18 counts); and failed to properly disclose seven late contributions in electronic late contribution reports, in violation of Government Code section 84605, subdivision (a) (7 counts). Order / Exhibit

  4. In the Matter of George E. Williams, Williams for Supervisor, and Gloria F. Cavenee, FPPC No. 03/027. Staff: Senior Commission Counsel Julia Bilaver and Investigator II Charlie Bilyeu. Respondent George Williams was an unsuccessful candidate for the Placer County Board of Supervisors in the March 7, 2000 primary election. Respondent Williams for Supervisor was the controlled committee of Respondent Williams, and Respondent Gloria Cavenee was the treasurer of Respondent Committee. Respondents failed to report required information regarding contributions of $100 or more on two pre-election campaign statements, in violation of Government Code section 84211, subdivision (f) (2 counts). Order / Exhibit

Conflicts of Interest Violations and Campaign Reporting Violations

  1. In the Matter of Andy Quach, Andy Quach for City Council, and Diemmy N. Tran, FPPC No. 01/205. Staff: Senior Commission Counsel Deanne Canar and Investigator III Sandra Buckner. Respondent Andy Quach was a member of the Planning Commission for the City of Westminster, and a candidate for the Westminster City Council. Respondent Quach failed to disclose campaign contributions aggregating more than $250 from a party to a proceeding that was pending before the Westminster Planning Commission, and failed to disqualify himself from making and participating in decisions involving that party, in violation of Government Code section 84308, subdivision (c) (2 counts). Respondent Andy Quach for City Council was the committee established by Respondent Andy Quach to support his candidacy for city council. Respondent Diemmy N. Tran was the treasurer of Respondent Committee until the election. Respondents Andy Quach, Andy Quach for City Council, and Diemmy N. Tran received cash contributions, in violation of Government Code section 84300, subdivision (a) (1 count); failed to disclose a late contribution, in violation of Government Code section 84203 (1 count); failed to disclose required contributor information, in violation of Government Code section 84211, subdivision (f) (2 counts); and failed to maintain campaign records, in violation of Government Code section 84104 (3 counts). Order / Exhibit

Statement of Economic Interests Non-filing (Default)

  1. In the Matter of Kevin Dunigan, FPPC No. 04/110. Staff: Senior Commission Counsel Julia Bilaver. Respondent Kevin Dunigan, a member of the Inglewood Planning Commission, failed to timely file a 2003 annual statement of economic interests, in violation of Government Code section 87203 (1 count). Order / Exhibit

Late Contribution Reporting Violations -- Streamlined Program

  1. Failure to Timely Disclose Late Contributions -- Proactive Program. Chief Investigator Sue Straine and Political Reform Consultant Mary Ann Kvasager. The following persons and entities have entered into stipulations for failure to file late contribution reports in 2003 and 2004, in violation of Government Code Section 84203:

    1. In the Matter of GenCorp, Inc., FPPC No. 04/723. GenCorp, Inc. of Sacramento failed to timely disclose late contributions totaling $14,000.00 in 2004 (3 counts). Order and Exhibit

    2. In the Matter of Anaflor Q. Smith, FPPC No. 05/121. Anaflor Q. Smith of Woodside failed to timely disclose a late contribution of $10,000.00 in 2003 (1 count). Order and Exhibit

    3. In the Matter of Turner Construction Company, FPPC No. 05/123. Turner Construction Company of Oakland failed to timely disclose a late contribution of $10,000.00 in 2004 (1 count). Order and Exhibit

    4. In the Matter of 3D/International, FPPC No. 05/125. 3D/International of Houston, Texas failed to timely disclose late contributions totaling $10,000.00 in 2004 (2 counts). Order and Exhibit

    5. In the Matter of Outback Steakhouse, Inc., FPPC No. 05/126. Outback Steakhouse, Inc. of Tampa, Florida failed to timely disclose a late contribution of $10,000.00 in 2004 (1 count). Order and Exhibit

    6. In the Matter of DMB Ladera, LLC, FPPC No. 05/129. DMB Ladera, LLC of San Juan Capistrano failed to timely disclose a late contribution of $10,000.00 in 2004 (1 count). Order and Exhibit

    7. In the Matter of Southland Motor Car Dealers Association, FPPC No. 05/130. Southland Motor Car Dealers Association of Long Beach failed to timely disclose a late contribution of $25,000.00 in 2004 (1 count). Order and Exhibit

    8. In the Matter of V. EMailing Company, FPPC No. 05/133. V. EMailing Company of Washington, D.C. failed to timely disclose a late contribution of $11,898.88 in 2004 (1 count). Order and Exhibit

Major Donor Reporting Violations -- Streamlined Procedure

  1. Failure to Timely File Major Donor Campaign Statements. Staff: Chief Investigator Sue Straine and Political Reform Consultant Mary Ann Kvasager. The following persons and entities have entered into stipulations for failing to file major donor campaign statements that were due during the calendar years of 2002 and 2003, in violation of Government Code section 84200:

    1. In the Matter of Colich & Sons, L.P., FPPC No. 03/572. Colich & Sons, L.P. of Gardena failed to timely file a semi-annual campaign statement disclosing contributions totaling $12,450.00 in 2002 (1 count). Order and Exhibit

    2. In the Matter of Comcast Corporation and Affiliated Entities, FPPC No. 05/187. Comcast Corporation and Affiliated Entities of Philadelphia, Pennsylvania failed to timely file semi-annual campaign statements disclosing contributions totaling $49,250.00 in 2003 (2 counts). Order and Exhibit

ACTION ITEMS

Regulations

  1. Adoption of Regulation 18465.1 - Eliminating Paper Copies of Quarterly Lobbying Disclosure Reports. Staff: Senior Commission Counsel C. Scott Tocher and General Counsel Luisa Menchaca. The Commission in January determined that paper copies of electronically filed lobbying activity disclosure forms can be eliminated. The Commission also considered regulatory action to clarify the affirmation requirement in a paperless environment. The Commission will consider adoption of regulation 18465.1 to accomplish that purpose. Memorandum / 18465.1

  2. Pre-notice Discussion of Amendments to Regulation 18570 - Return of Contributions with Insufficient Donor Information. Staff: Executive Fellow Theis Finlev and Senior Commission Counsel C. Scott Tocher. The Commission is considering amendments of regulation 18570, which relates to the return of contributions with insufficient donor information. Regulation 18570 would be amended to clarify a committee's obligations when the returned contributions are not cashed by the original contributor. Memorandum / 18570

  3. Pre-notice Discussion of Adoption of Regulation 18571 - Payment to the General Fund of Laundered Contributions. Staff: Executive Fellow Theis Finlev and Senior Commission Counsel C. Scott Tocher. The Commission is considering adoption of regulation 18571 to clarify Government Code section 85701, which requires that "laundered" contributions be turned over to the General Fund. Regulation 18571 would explain when the duty to turn over "laundered" contributions is triggered. Memorandum / 18571

  4. Pre-Notice Discussion of Proposed Regulation 18530.7 - Extensions of Credit (Section 85307). Staff: Commission Counsel Natalie Bocanegera and General Counsel Luisa Menchaca. This regulation is intended to clarify when the provision of goods or services results in a contribution subject to the contribution limits of Proposition 34's section 85307. The Commission is asked for guidance as to whether it would be useful to consider a regulation concerning "extensions of credit" in the context of both the reporting and contribution limit provisions of the Act. Memorandum / Attachment 1 / Attachment 2 / Attachment 3 / Attachment 4

Legislation

  1. Legislative Report. Staff: Executive Director Mark Krausse. Report / AB 513 analysis / AB 513 / AB 583 analysis / AB 583 / AB 739 analysis / AB 739 / SB 784 analysis / SB 784

DISCUSSION ITEMS

  1. Executive Director's Report. Staff: Executive Director Mark Krausse. Report

  2. Litigation Report. Staff: General Counsel Luisa Menchaca and Senior Commission Counsel Larry Woodlock. Report

CLOSED SESSION

  1. Pending Litigation. (Gov. Code sections 11126(e)(1) and Gov. Code section 11126(c).)

    1. Citizens to Save California v. FPPC (CA Superior Court Case No. 05AS00555).

    2. FPPC v. Democratic National Committee (CA Superior Court Case No. 05AS00822).

    3. Case name not revealed pursuant to Gov�t. Code section 11126.3(a).

    4. Case name not revealed pursuant to Gov't. Code section 11126.3(a).

  2. Discussion of Personnel. (Gov. Code � 11126(a)(1).)

Dial-in Audio Broadcast Service

1 The Commission encourages the public to submit written comments on agenda items, other than enforcement stipulations and decisions, by hand delivery, mail or fax. Written comments should be submitted to the Commission no later than 12:00 p.m. Monday, April 18, 2005, 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 web site at www.fppc.ca.gov. Materials submitted by the public regarding each agenda item will be made available at the meeting and on the web site.


This meeting will be broadcast live via our dial-in telephone service. The telephone number and access code will be posted in the "current agenda" section of the FPPC website the afternoon before the meeting.

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 Mr. Jon Matthews of the Commission's Staff at 916-323-2937 (voice), 916-322-6440 (facsimile) or in writing. Please allow a reasonable period of time between the request and the meeting date.

2 Additional materials include comment letters and/or documents received after the agenda was printed regarding agenda items. Those materials are listed above the monthly agenda.



NOTICE AND AGENDA (addition)
ITEM(S) ADDED TO AGENDA1
Commission Meeting
428 J Street, Suite 800
Sacramento, CA 95814

Tuesday, April 19, 2005
9:45 a.m.

Last update 4/14/05 10:00 a.m.


Pursuant to Government Code Section 11125.3(b), notice is provided of the following item(s) in addition to those previously noticed for consideration by the Commission:

CLOSED SESSION

  1. Pending Litigation. (Gov. Code sections 11126(e)(1) and Gov. Code section 11126(c).)

    1. California Republican Party, et al. v. Fair Political Practices Commission, et al. Case No. CV. S-042144, U.S. District Court, Eastern District of CA.

1 The revised meeting agenda is posted on the FPPC web site at www.fppc.ca.gov. Agenda-related documents and materials submitted by the public regarding each revised agenda item will be made available for inspection and copying at the meeting and will typically be posted on the FPPC web site on or before the meeting date.


Back to menu

Tooltips: on
View by item number
Click here for a guide to our new features.
Click again to turn off tooltips.
Click here to navigate the agenda by item numbers.
The agenda items are arranged into topics.
Explanation needed here:
Why do we have to go over the old meeting minute at the beginning of a meeting?
For every item that needed explanation,
we can post a paragraph like this as tooltips
to help the average audience of the public
understand the content.
For example: Here you will find all the items that related to ABCDEF