FPPC Meeting Agendas

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Meeting Agenda: November 12, 2010

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

Friday, November 12, 2010
10:00 a.m.

Last update: 11/9/2010 4:11 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



This meeting of the Commission will include teleconference participation by one Commissioner (Gov. Code Section 11123). The teleconference location, in addition to the address above, is:

University of Arkansas School of Law
West Wing, Third Floor Conference Room, Room 358
Fayetteville, Arkansas 72701


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 17

  1. Approval of October 14, 2010, Commission meeting minutes. Minutes

Campaign Reporting Violations

  1. In the Matter of Michelle Berman, FPPC No. 10/115 (Default Decision). Staff: Commission Counsel Bridgette Castillo and Special Investigator Janet Seely. In this matter, Respondent caused a $1,000 contribution to the Friends of John Guardino committee ("Committee") to be made in the name of three separate intermediaries, in violation of Government Code sections 84301 and 84302. (3 counts). Total Proposed Penalty: $15,000. Order Exhibit
  1. In the Matter of John Dragone, Committee to Elect John Dragone and Kathy Dragone, FPPC No. 08/702. (Default Decision) Staff: Gary Winuk, Chief of Enforcement, Law Clerk Amanda Allen. Respondent John Dragone was a candidate for El Segundo City Council. Committee to Elect John Dragone was his candidate controlled committee and Kathy A. Dragone was the committee treasurer. Respondents failed to file failed to file five semi- annual campaign statements for the April 9, 2008 through June 30, 2008, reporting period, by the July 31, 2008, due date the July 1, 2008 through December 31, 2008, reporting period the July 1, 2009 through December 31, 2009, reporting period and the January 1, 2010 through June 30, 2010, reporting period, in violation of section 84200, subdivision (a) (5 counts). Total Proposed Penalty: $10,000.Order Exhibit
  1. In the Matter of Friends of John Guardino, John Guardino, and Linell Hardy, FPPC No. 09/739. Staff: Commission Counsel Bridgette Castillo and Special Investigator Janet Seely. In this matter, Respondent John Guardino was a successful candidate for Cotati City Council in the November 7, 2006 election. Respondent Friends of John Guardino was John Guardino's controlled committee. At all relevant times, Respondent Linell Hardy was the committee treasurer. In this matter, Respondents received a cash contribution of $100 or more, in violation of Government Code section 84300 (1count); and Respondents improperly reported that a contribution from George Barich was from three individuals, Adrienne Lauby, Tim Foley, and Robin Birdfeather, such that the identity of the true donor was not disclosed, in violation to Government Code sections 84301 and 34302 (1 count). Total Proposed Penalty: $9,000. Order and Exhibit
  1. In the Matter of Rachel Neville, Neville for Water Board, and Mark Neville, Treasurer, FPPC No. 08/120 (Default Decision). Senior Commission Counsel Luisa Menchaca and Special Investigator Paul Rasey. Respondent Rachel Neville was an unsuccessful candidate for the Newhall County Water Board of Directors in the November 6, 2007, election. The Neville for Water Board committee was established on or about September 25, 2007, but no campaign statements applicable to a recipient committee were filed. Respondent Rachel Neville filed instead a Short Form (470) on or about October 5, 2007, certifying that she planned to receive contributions and make expenditures of less than $1,000 in a calendar year. However, Respondents received contributions and made expenditures in excess of $10,000 in connection with the campaign. Respondent Rachel Neville violated Government Code Section 84206 because she did not qualify to file the Short Form declaration at the time she filed the form and misled the public about her campaign activities (1 count). In addition, Respondents also failed to file a pre- election campaign statement, in violation of Government Code Section 84200.5, subdivision (c) and 84200.8, subdivision (b) (1 count), failed to file and a semi- annual campaign statement, in violation of Government Code Section 84200, subdivision (a) (1 count), and failed to disclose specific contributions and expenditures of $100 or more, in violation of Government Code Section 84211 (2 counts). Total Proposed Penalty: $8,500. Order Exhibit
  1. In the Matter of Adrienne Lauby, FPPC No. 10/116 (Default Decision). Staff: Commission Counsel Bridgette Castillo and Special Investigator Janet Seely. In this matter, Respondent, acting as an agent or intermediary, made a contribution on behalf of another person, such that the identity of the donor was not reported, in violation of Government Code sections 84301 and 84302. (1count). Total Proposed Penalty: $4,500.Order Exhibit
  1. In the Matter of Tim Foley, FPPC No. 10/117 (Default Decision). Staff: Commission Counsel Bridgette Castillo and Special Investigator Janet Seely. In this matter, Respondent, acting as an agent or intermediary, made a contribution on behalf of another person, such that the identity of the donor was not reported, in violation of Government Code sections 84301 and 84302. (1count). Total Proposed Penalty: $4,500.Order Exhibit
  1. In the Matter of Robin Birdfeather, FPPC No. 10/505 (Default Decision). Staff: Commission Counsel Bridgette Castillo and Special Investigator Janet Seely. In this matter, Respondent, acting as an agent or intermediary, made a contribution on behalf of another person, such that the identity of the donor was not reported, in violation of Government Code sections 84301 and 84302. (1count). Total Proposed Penalty: $4,500.Order

Campaign Reporting Violations - Streamline Program

  1. In the Matter of Hermosa Beach Police Officer's Association Political Action Committee and J.R. Smith, FPPC No. 09/721. Staff: Senior Commission Counsel Neal Bucknell, Political Reform Consultant Jeanette E. Turvill and Law Clerk Jennifer Reimer. At all relevant times, Respondent J.R. Smith was the treasurer of Hermosa Beach Police Officer's Association Political Action Committee. In this matter, Respondents: failed to timely file two supplemental independent expenditure reports for the period ending October 17, 2009, in violation of Government Code section 84203.5 (2 counts); failed to timely itemize expenditures on a pre-election campaign statement and a semi-annual campaign statement for the periods ending October 17, 2009, and December 31, 2009, respectively, in violation of Government Code section 84211, subdivision (k) (2 counts); and failed to timely file a semi-annual campaign statement for the period ending December 31, 2009, in violation of Government Code section 84200 (1 count). Total Proposed Penalty: $1,000.Order and Exhibit

Major Donor Violation - Streamline

  1. In the Matter of Laurie Burt, FPPC No. 10/791. Staff: Political Reform Consultant Jeanette E. Turvill. Laurie Burt of San Diego, failed to timely file a semi-annual campaign statement disclosing a contribution totaling $25,900 in 2009, in violation of Government Code Section 84200, subdivision (a) (1 count). Total Proposed Penalty: $400. Order and Exhibit
  1. In the Matter of Baldwin & Sons, LLC and its Owner, Alfred Baldwin, FPPC No. 10/837. Staff: Political Reform Consultant Jeanette E. Turvill. Baldwin & Sons, LLC and its Owner, Alfred Baldwin of San Diego, failed to timely file a semi-annual campaign statement disclosing contributions totaling $12,850 in 2009 in violation of Government Code Section 84200, subdivision (a) (1 count). Total proposed penalty: $400. Order and Exhibit
  1. In the Matter of Kelly Swette, FPPC No. 10/901. Staff: Political Reform Consultant Jeanette E. Turvill. Kelly Swette of Pebble Beach, failed to timely file a semi-annual campaign statement disclosing a contribution totaling $14,100 in 2009 in violation of Government Code Section 84200, subdivision (a) (1 count). Total proposed penalty: $400. Order and Exhibit
  1. In the Matter of Brian Swette, FPPC No. 10/901. Staff: Political Reform Consultant Jeanette E. Turvill. Brian Swette of Pebble Beach, failed to timely file a semi-annual campaign statement disclosing a contribution totaling $25,900 in 2009 in violation of Government Code Section 84200, subdivision (a) (1 count). Total proposed penalty: $400. Order and Exhibit

Statement of Economic Interests - Non-Filers - Streamline

  1. In the Matter of Anthony Vollering, FPPC No. 10/541. Staff: Political Reform Consultant Adrianne Korchmaros. Respondent Anthony Vollering, Alternate Commissioner for the Cut Flower Commission, failed to timely file an assuming Office Statement of Economic Interests, a 2008 annual Statement of Economic Interests, and a 2009 annual Statement of Economic Interests, in violation of Government Code Section 87300 (3 counts). Total Proposed Penalty: $600.Order
  1. In the Matter of Aliitama Sotoa, FPPC No. 10/54. Staff: Senior Commission Counsel Neal Bucknell, Political Reform Consultant Jeanette E. Turvill and Law Clerk Jennifer Reimer. Respondent Aliitama Sotoa, Board of Ethics member, City of Chula Vista, failed to file an assuming office Statement of Economic Interests by the deadline of October 1, 2009, in violation of Government Code Sections 87300 and 87302 (1 count). Total Proposed Penalty: $400.Order
  1. In the Matter of Dierdre Gilliam, FPPC No. 10/477. Staff: Political Reform Consultant Jeanette E. Turvill. Dierdre Gilliam, Yolo County Director for Public Health Nursing, failed to timely file her 2009 annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.Order
  1. In the Matter of Roger Vintze, FPPC No. 10/532. Staff: Political Reform Consultant Adrianne Korchmaros. Respondent Roger Vintze, Senior Hazardous Substance Scientist for the Department of Toxic Substances, failed to timely file a 2009 annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.Order

GENERAL - ITEMS 19 THROUGH 25

  1. Adoption of Amendments to Regulations 18450.1, 18450.4 and 18450.5 - Electronic Advertising Disclosure. Staff: Commission Counsel Emelyn Rodriguez and General Counsel Scott Hallabrin. This regulatory action is proposed to implement part of the recommendations by the Commission's Subcommittee on Internet Political Activity. Staff proposes amendments to the Act's advertising disclosure regulations that would apply disclosure rules to Internet and other electronic media advertisements.Memorandum 18450.1 18450.4 18450.5 FAQ Sheet
  1. Adoption of Regulation 18215.2 and Amendment of Regulations 18215 and 18225 - Exceptions from Campaign Reporting for Specified Internet Political Activity. Staff: Senior Commission Counsel Hyla Wagner and General Counsel Scott Hallabrin. This regulatory action is proposed to implement part of the recommendations by the Commission's Subcommittee on Internet Political Activity. Proposed Regulation 18215.2 creates an exemption from campaign reporting for an individual's uncompensated Internet political activity. The proposed amendments to Regulations 18215 (definition of "contribution") and 18225 (definition of "expenditure") update the existing media exception to include online media.Memorandum 18215.2 18215 18225
  1. Discussion of Amendments to the Gift Regulations. Staff: Senior Commission Counsel William J. Lenkeit and General Counsel Scott Hallabrin. The Commission will discuss Staff's proposal to revise and update the Commission's gift regulations for overall consistency and clarity. Substantive changes include clarifying the home hospitality exception, requiring elected officials to report their findings when using tickets received under Regulation 18944.1 to evaluate conditions at public venues, and modifying the valuation rule for tickets to non-profit and political fundraising events.Memorandum 18940 18940.1 18944 18940.2 18941 18941.1 18942 18942.1 18942.2 18943 18944 18944 Adopt 18944.1 18944.2 13944.3 18945.3 18944.4 18945.1 18945.4 18946 18946.1 18946.2 18946.3 18946.4 18946.5
  1. Adoption of Amendments to Regulation 18723 - Statement of Economic Interests Filing Deadline for Elected State Teachers' Retirement Board Members. Staff: Assistant General Counsel John W. Wallace and General Counsel Scott Hallabrin. The proposed amendments implement a change to the deadline for filing Statements of Economic Interests (SEIs) by elected members of the Board of Administration of the State Teachers' Retirement Board (CalSTRS), required by Senate Bill 1007 (Hancock). Senate Bill 1007, chaptered on September 30, 2010, amended the definition of "elective office" (Section 82023) and "elective state office" (Section 82024) to include elected members of the Board of Administration of CalSTRS, thus requiring these officials to file their annual SEIs on March 1, instead of April 1. Memorandum 18723
  1. Legislative Report. Staff: Legislative Coordinator Tara Stock.Report
  1. Litigation Report. Staff: General Counsel Scott Hallabrin.Report
  1. Executive Director's Report. Staff: Executive Director Roman Porter.Report

CLOSED SESSION

  1. 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).



1 You can obtain further information about the meeting by contacting Roman G. 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 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 (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 (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.

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