FPPC Meeting Agendas

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Meeting Agenda: June 10, 2010


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

Thursday, June 10, 2010
10:00 a.m.

Last update: 6/9/2010 2:00 p.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, Suite 620, Sacramento, CA.


Additional Materials

Agenda Item
Item


PUBLIC COMMENT

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.


PROPOSED CONSENT CALENDAR – ITEMS 2 THROUGH 23

2. Approval of May 13, 2010, Commission meeting minutes. Minutes

Campaign Reporting Violations

3. In the Matter of Mary Ann Andreas, Andreas for Assembly, Marta Baca, and Phyllis Nelson, FPPC No. 06/77. Staff: Senior Commission Counsel Neal Bucknell and Program Specialist Bob Perna. Respondent Mary Ann Andreas was a candidate for the California State Assembly, and Respondent Andreas for Assembly was her controlled committee. Respondents Marta Baca and Phyllis Nelson were the committee treasurers at different points in time. Respondents: (i) failed to report or timely report late contributions on late contribution reports, in violation of Government Code Section 84203, subdivisions (a) and (b) (2 counts); (ii) failed to report payments to subvendors, in violation of Government Code Sections 84211, subdivision (k), and 84303 (3 counts); (iii) failed to report contributions received, in violation of Government Code Section 84211, subdivisions (a), (c), and (f) (2 counts); made/accepted an over-the-limit personal loan to Respondent Andreas for Assembly, in violation of Government Code Section 85307, subdivision (b) (1 count); (iv) failed to file two amended statements of organization regarding changes in the names of the treasurer and assistant treasurer of Respondent Andreas for Assembly, in violation of Government Code Section 84103, subdivision (a) (1 count); (v) accepted monetary contributions totaling approximately $9,400 in the form of three cashier’s checks or money orders for $100 or more, which were not drawn from the bank accounts of the contributors or donors, in violation of Government Code Section 84300, subdivision (c) (1 count). (Not all respondents are named in each count.) Total Proposed Penalty: $26,500.Order Exhibit 1 Exhibit 2 Exhibit 3

4. In the Matter of Craig W. Morgan and Avalex Inc., FPPC No. 08/386. Staff: Assistant Chief of Enforcement Mellonie Yang and Special Investigator Tino Salinas. This matter relates to the election of the board of directors for the Imperial Irrigation District. Respondent Craig W. Morton, serves as President of Respondent Avalex, Inc., which does business in the Imperial Valley. Respondents failed to file two late independent expenditure reports disclosing a total of $16,494.38 in May and June 2008, in violation of Government Code Section 84204, subdivision (a) (2 counts) and sent two mass mailings without proper sender identification in May and June 2008, in violation of Government Code Section 84305, subdivision (a) (2 counts). Total Proposed Penalty: $12,000.Order Exhibit

5. In the Matter of Jennifer Rodriguez, Committee to Elect Jennifer Rodriguez, Rogelio Rodriguez, and Gerardo Rodriguez, FPPC No. 05/158. Staff: Senior Commission Counsel Galena West, Program Specialist Grant Beauchamp and Senior Special Investigator Leon Nurse-Williams. Respondent Jennifer Rodriguez has been serving on the Bell Gardens City Council since her election in 2003 and is currently mayor pro tem. The Committee to Elect Jennifer Rodriguez (“Respondent Committee”) was Respondent Jennifer Rodriguez’s candidate-controlled committee. Respondent Rogelio Rodriguez was the treasurer of Respondent Committee during the time of the 2005 local election and Respondent Gerardo Rodriguez was the treasurer of Respondent Committee during the time of the 2007 local election. Respondents failed to disclose expenditures made, in violation of Government Code Section 84211, subdivision (k) (1 count), failed to timely file a first pre-election campaign statement, in violation of Government Code Sections 84200.5 and 84200.8, subdivision (a) (1 count), and failed to maintain required campaign records, in violation of Government Code Section 84104 (2 counts). Total Proposed Penalty: $7,500.Order Exhibit

6. In the Matter of Bryan Batey, Committee to Elect Bryan Batey, and Lisa King, FPPC No. 10/53. Staff: Senior Commission Counsel Neal Bucknell and Senior Special Investigator Sandra Buckner. Respondent Bryan Batey was a candidate for the Kern High School District Board of Trustees, and Respondent Committee to Elect Bryan Batey was his controlled committee. Respondent Lisa King was the committee treasurer. For the reporting periods ending September 30, 2006 and October 21, 2006, Respondents failed to report payments to subvendors, in violation of Government Code Section 84211, subdivision (k), and 84303
(2 counts). Total Proposed Penalty: $5,000.Order Exhibit

Campaign Reporting Violation - Streamline

7. In the Matter of Candidate Mike Ten, Ten for State Senate, Mike Ten for City Council, and Mike Ten, Treasurer for Ten for State Senate and Mike Ten for City Council, FPPC Nos. 08/590. Staff: Political Reform Consultant Adrianne Korchmaros. Respondent Mike Ten, as a candidate for both South Pasadena City Council and the California State Senate, and his committees, Ten for State Senate and Mike Ten for City Council, with Mike Ten as treasurer, failed to timely file two semi-annual statements, in violation of Government Code Section 84200 (2 counts). Total Proposed Penalty: $800.Order & Exhibit

8. In the Matter of R.J. Kelly for Water Board; R.J. Kelly, FPPC File No 09/231.
Staff: Political Reform Consultant Jeanette E. Turvill. R.J. Kelly and his committee R.J. Kelly for Water Board, located in Newhall, failed to timely file three semi-annual campaign statements, in violation of Government Code Section 84200 (3 counts).
Total Proposed Penalty: $600.Order & Exhibit

Statement of Economic Interests – Non-Reporting

9. In the Matter of Patrick Moloney, FPPC No. 09/826. Staff: Commission Counsel Ty Moore and Special Investigator Janet Seely. Respondent Patrick Moloney was the Executive Director of the Pilot Commission for the Bays of San Francisco, San Pablo and Suisun until October 30, 2009. Respondents accepted gifts from the San Francisco Bar Pilots in excess of the gift limits; one valued at approximately $2,292, in excess of the $360 annual gift limit in 2006, and the second valued at approximately $2,976, in excess of the $390 annual gift limit for 2007, in violation of Government Code Section 89503, subdivision (a) (2 counts). Total Proposed Penalty: $4,000.Order Exhibit

Statement of Economic Interests – Non-Reporting – Streamline

10. In the Matter of Douglas Manchester, FPPC No. 08/591. Staff: Senior Commission Counsel Neal Bucknell and Special Investigator Paul Rasey. Respondent Douglas Manchester, California Travel and Tourism Commissioner, assumed office in approximately October 2007, but when he filed his assuming office Statement of Economic Interests, he failed to disclose an investment of more than $1,000,000 in Host Hotels and Resorts, Inc., in violation of Government Code Section 87300 and 87302 (1 count). Total Proposed Penalty: $200.Order & Exhibit

Statement of Economic Interests – Non-Filers

11. In the Matter of Debbie Thompson, FPPC No. 06/1044 (Default). Senior Commission Counsel Luisa Menchaca and Special Investigator Paul Rasey. Respondent Debbie Thompson served with SMUD as an Energy Specialist, Energy Specialist I, and Energy Specialist II. The positions of Energy Specialist I and II are designated positions in the SMUD Conflict of Interest Code. Debbie Thompson failed to file a leaving office Statement of Economic Interests for her position as Energy Specialist I, in violation of Government Code Sections 87300 and 87302 (1 count). Total Proposed Penalty: $5,000.Order Exhibit Exhibit A

12. In the Matter of Patrick Gleason, FPPC No. 09/557 (Default Decision). Staff: Commission Counsel Ty Moore and Political Reform Consultant Adrianne Korchmaros. Respondent Patrick Gleason, Governing Board Member for the Gazelle Elementary School District, failed to file an annual Statement of Economic Interests for 2008, which was due by April 1, 2009, in violation of Government Code Sections 87300 and 87302 (1 count). Total Proposed Penalty: $2,000.Order Exhibit Exhibit A Letter

13. In the Matter of Viviana Wolinsky, FPPC No. 07/491. Staff: Enforcement Chief Gary Winuk. Respondent Viviana Wolinsky, Patent Attorney/Agent with the University of California Lawrence Berkeley National Laboratory, failed to file a 2006 annual Statement of Economic Interests by the April 2, 2007, deadline, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $2,000.Order Exhibit

Statement of Economic Interests – Non-Filers – Streamline

14. In the Matter of Jeffrey Kongslie, FPPC No. 09/377. Senior Commission Counsel Luisa Menchaca and Political Reform Consultant Jeanette Turvill. Respondent Jeffrey Kongslie served as Santa Cruz Downtown Commissioner, a designated position in the conflict of interest code for the City of Santa Cruz. Jeffrey Kongslie failed to timely file an assuming office Statement of Economic Interests, a 2007 annual Statement of Economic Interests, a 2008 Statement of Economic Interests, and a leaving office Statement of Economic Interests, in violation of Government Code Section 87302 (4 counts). Total Proposed Penalty: $4,000.Order Exhibit

15. In the Matter of Robert Herrera, FPPC No. 08/444. Senior Commission Counsel Luisa Menchaca and Political Reform Consultant Jeanette Turvill. Respondent Robert Herrera, Planning Commissioner for the County of Imperial, failed to timely file a 2007 annual Statement of Economic Interests and a 2008 annual Statement of Economic Interests, in violation of Government Code Section 87203 (2 counts). Total Proposed Penalty: $1,500.Order Exhibit

16. In the Matter of Ruth Lopez-Novodor, FPPC No. 10/227. Staff: Political Reform Consultant Teri Rindahl. Respondent Ruth Lopez-Novodor, a designated employee of the California Citizens Compensation Commission, failed to file an assuming office and annual Statements of Economic Interests for the years 2007, 2008, 2009, and 2010, in violation of Government Code Section 87300 (4 counts). Total Proposed Penalty: $800.Order & Exhibit

17. In the Matter of Cindy Lashbrook, FPPC No. 08/447. Senior Commission Counsel Luisa Menchaca and Political Reform Consultant Jeanette Turvill. Respondent Cindy Lashbrook, Planning Commissioner for the County of Merced, failed to timely file her 2007 annual Statement of Economic Interests, in violation of Government Code Sections 87200 and 87203 (1 count). Total Proposed Penalty: $600.Order Exhibit

18. In the Matter of Eric Reyes, FPPC No. 09/085. Staff: Commission Counsel Zachary W. Norton. Eric Reyes, City of Brawley Planning Commissioner, failed to file a 2008 annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Total Proposed Penalty: $400.Order & Exhibit

19. In the Matter of Jaime Risner, FPPC No. 08/268. Staff: Senior Commission Counsel Neal Bucknell and Political Reform Consultant Jeanette E. Turvill. Respondent Jaime Risner, former Gazelle Elementary School District governing board member, failed to file assuming and leaving office Statements of Economic Interests by the deadlines of November 2, 2007, and January 30, 2009, respectively, in violation of Government Code Sections 87300 and 87302 (2 counts). Total Proposed Penalty: $400. Order

Late Contribution Violation – Streamline

20. In the Matter of The Church of Jesus Christ of Latter-day Saints, FPPC No. 08/735. Staff: Senior Commission Counsel Galena West and Program Specialist Luz Bonetti. The Church of Jesus Christ of Latter-day Saints failed to timely report making late non-monetary contributions totaling $36,928 in connection with the November 4, 2008, General Election, in violation of Government Code Section 84203 (13 counts). Total Proposed Penalty: $5,539.Order & Exhibits

Major Donor Violation – Streamline

21. In the Matter of James Marshall, FPPC No. 08/142. Staff: Commission Counsel Zachary W. Norton. Respondent James Marshall, who qualified as a major donor committee in the first half of 2008, failed to timely file four semi-annual campaign statements, disclosing contributions totaling $39,100 in 2008 and $13,000 in 2009, in violation of Government Code Section 84200 (4 counts). Total Proposed Penalty: $800.Order & Exhibit

22. In the Matter of David R. Lewis, FPPC No. 10/265. Staff: Political Reform Consultant Jeanette E. Turvill. David R. Lewis of Upland, failed to timely file a semi-annual campaign statement disclosing contributions totaling $12,096 in 2007, in violation of Government Code Section 84200, subdivision (a) (1 count). Total Proposed Penalty: $400.Order & Exhibit

23. In the Matter of Richard A. Lewis, FPPC No. 10/264. Staff: Political Reform Consultant Jeanette E. Turvill. Richard Lewis of Upland, failed to timely file a semi-annual campaign statement disclosing contributions totaling $12,191 in 2005, in violation of Government Code Section 84200, subdivision (a) (1 count). Total Proposed Penalty: $400.Order & Exhibit

GENERAL ITEMS 24 THROUGH 27

Proposed Regulation

24. Repeal and Readoption of Regulation 18247.5; Adoption of Regulation 18227.5 – Primarily Formed and General Purpose Committees. Staff: Senior Commission Counsel Hyla Wagner and General Counsel Scott Hallabrin. Staff proposes repeal of the existing regulation concerning primarily formed and general purpose committees and the adoption of two separate regulations. The goal of the new regulations is to simplify the determination of when a committee is a primarily formed or general purpose committee and whether it is a city, county or state committee. Memorandum 18227.5 18247.5 Existing 18247.5 Proposed

Staff Reports

25. Legislative Report. Staff: Legislative Coordinator Tara Stock.Report

26. Litigation Report. Staff: General Counsel Scott Hallabrin.Report

27. Executive Director’s Report. Staff: Executive Director Roman Porter.Report


CLOSED SESSION

28. Pending Litigation (Gov. Code Section 11126(e)(1)).

a. ProtectMarriage.com, et al. v. Debra Bowen, et al. (Federal District Court for the
Eastern District of California, Case No. 2:09-cv-00058-MCE-DAD).


1You can obtain further information about the meeting by contacting Roman Porter, Executive Director, c/o 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 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, if possible, on the website before the meeting.

Members of the public may listen to the open session portion of the meeting by phone by calling 888-751-0624; access code is 723284.

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 (fax) 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.

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