FPPC Meeting Agendas

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. Final Report and Discussion of Proposals by the Chairman's Advisory Task Force on the Political Reform Act. Co-Chairmen Charles Bell and Robert Stern. Memo

A. Adoption of Regulations 18401.1 and 18435.5 - Slate Mail. Staff: Commission Counsels Hyla Wagner, Brian Lau and Sukhi Brar and General Counsel Scott Hallabrin. These regulations implement recommendations of the Chairman's Task Force on the Political Reform Act by setting new recordkeeping rules for slate mailer organizations and improving slate mailer disclaimer requirements. The regulations also clarify the asterisk rule when a third party pays for a candidate to be on a slate mailer, improve the legibility of the required "Notice to Voters" in terms of its placement, color contrast and language, and provide that the disclaimers apply to slate mailers sent by electronic mail. Memorandum 84305.5 statute 18401.1 18435.5

B. Adoption of Amendments to Regulation 18435 and Regulation 18450.4 - Requiring "Paid for by" in Campaign Identification. Staff: Assistant General Counsel John W. Wallace and General Counsel Scott Hallabrin. These regulations implement recommendations of the Chairman's Task Force on the Political Reform Act by requiring the words "paid for by" when providing the identity of the sender in the Act's "sender identification" provisions and the identity of top donors in the Act's advertising disclosure provisions. Memorandum 18435 18450.4

C. Adoption of Amendments to Regulation 18404.1 - Termination and Reopening of Committees. Staff: Commission Counsel Val Joyce and General Counsel Scott Hallabrin. The proposed amendments implement recommendations of the Chairman's Task Force on the Political Reform Act by modifying the termination rules applicable to state candidate committees as follows: (1) eliminate the requirement to terminate a committee that has debt; (2) change the deadline for terminating a committee without debt from nine months to 24 months; and
(3) simplify the procedure for extending the termination deadline beyond 24 months.Memorandum 18404.1 85316 Attachment 2 84214 Attachment 3 18531.61 Attachment 4

D. Adoption of Amendments to Regulation 18116 - 24 Hour Contribution Reporting. Staff: Commission Counsel Heather Rowan and General Counsel Scott Hallabrin. This regulatory action is proposed to implement recommendations made by the Chairman's Task Force on the Political Reform Act. Staff proposes amendments to Regulation 18116 allowing a grace period for committees that have 24-hour contribution reports due on a weekend or state holiday, unless that weekend or holiday falls on the weekend before an election.Memorandum 18116

4. Motion to Vacate Default Decision and Order, In the Matter of Michelle Berman FPPC No. 10/115 Staff: Gary Winuk, Chief of Enforcement, Commission Counsel Bridgette Castillo. The Commission will consider a motion filed with the Commission by Respondent Berman to vacate the Commission's Default Decision and Order approved at the November 12, 2010 hearing.Memorandum Motion to vacate Order and Exhibit

5. Motion to Vacate Default Decision and Order, In the Matter of Adrianne Lauby FPPC No. 10/116 Staff: Gary Winuk, Chief of Enforcement, Commission Counsel Bridgette Castillo. The Commission will consider a motion filed with the Commission by Respondent Lauby to vacate the Commission's Default Decision and Order approved at the November 12, 2010 hearing. Memorandum Motion to vacate Order and Exhibit

6. 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

8. In the Matter of Yolo County Democratic Central Committee Local Account, Bob Bockwinkel and William Julian II, FPPC No. 08/357. Staff: Senior Commission Counsel Galena West and Program Specialist Luz Bonetti. In this matter, during 2007 and 2008, Respondents Yolo County Democratic Central Committee Local Account, Bob Bockwinkel and William Julian II failed to timely file required pre-election campaign statements, in violation of Government Code Sections 84200.5, subdivision (f), 84200.7, and 84200.8 (2 counts), and failed to timely file required semi-annual campaign statements, in violation of Government Code Section 84200, subdivision (a) (5 counts). Total Proposed Penalty: $13,500.Order Exhibit

9. In the Matter of George Barich, FPPC No. 09/774. Staff: Commission Counsel Bridgette Castillo and Special Investigator Janet Seely. In this matter, Respondent made a $1,000 cash campaign contribution, in violation of Government Code Section 84300, subdivision (a) (1 count). Additionally, Respondent successfully ran for Cotati City Council in the November 4, 2008 election; however, Respondent failed to establish a single campaign bank account upon receipt of contributions of $1,000 or more for his 2008 Cotati City Council campaign, in violation of Government Code Section 85201 (1 count). Total Proposed Penalty: $7,500. Order Exhibit

10. In the Matter of Chico Democrats 08 and Michael Worley, FPPC No. 09/537. Staff: Chief of Enforcement Gary Winuk and Special Investigator Beatrice Moore. In this matter, Respondent Chico Democrats 08 was formed in 2008 as a federal political action committee for the Chico Democratic Club, which is a chartered entity of the Butte County Democratic Central Committee. Respondent Michael Worley has been the treasurer of Respondent Committee since its inception. Respondent Chico Democrats 08, in or about 2008, qualified as a committee in California and failed to file required campaign statements and reports, in violation of Government Code Sections 84101, subdivision (a), 84200, subdivision (a), and 84204 (1 count) and sent a mass mailing which failed to display the required sender identification, in violation of Government Code Section 84305, subdivision (a) (1 count). Total Proposed Penalty: $4,000. Order Exhibit

11. In the Matter of Respondents Michael Ramos, Committee to Re Elect Mike Ramos San Bernardino County District Attorney-2010, and Marvin Reiter, FPPC No. 10/269. Staff: Senior Commission Counsel Neal Bucknell and Political Reform Consultant Jeanette E. Turvill. Respondent Michael Ramos is the District Attorney of San Bernardino County. Respondent Committee to Re Elect Mike Ramos San Bernardino County District Attorney- 2010 is his controlled committee. Respondent Marvin Reiter is the committee treasurer. In this matter, Respondents failed to disclose required vendor information for nine credit card expenditures of $100 or more, totaling approximately $8,619, on a semi-annual campaign statement for the reporting period of July 1 through December 31, 2009, in violation of Government Code section 84211, subdivision (k) (1 count). Total Proposed Penalty: $2,500.Order Exhibit

12. In the Matter of Tracy McMahon, Committee to Elect Tracy McMahon and Noreen Considine, FPPC No. 08/668. Staff: Chief of Enforcement Gary Winuk and Senior Special Investigator Sandra Buckner. In this matter, Respondent Tracy McMahon was an unsuccessful candidate for Jurupa School Board in the November 2008 election. Respondent Committee to Elect Tracy McMahon was Respondent McMahon's controlled committee. Respondent Noreen Considine was the treasurer for Respondent Committee. Respondents, on or about October 3, 2008, received a cash contribution in excess of $100, in violation of Government Code Section 84300, subdivision (a) (1 count) and, on or about October 31, 2008, failed to verify and sign under penalty of perjury a campaign statement, in violation of Government Code Section 81004 (1 count). Total Proposed Penalty: $2,000. Order Exhibit

13. In the Matter of Christopher Robles, FPPC No. 07/040 (Default Decision). Staff: Commission Counsel Zachary W. Norton and Senior Special Investigator Leon Nurse-Williams. Respondent Christopher Robles, a member of the Los Angeles County 58th Assembly Democratic Central Committee, failed to file a short form campaign statement covering the reporting period January 1, 2006 through December 31, 2006, with the County of Los Angeles, in violation of Government Code Section 84206 (1 count). Total Proposed Penalty: $2,000.Order Exhibit

14. In the Matter of Yes on Proposition B, FPPC No. 10/932. Staff: Chief of Enforcement Gary Winuk and Political Reform Consultant Adrianne Korchmaros. In this matter, Respondent Yes on Proposition B was formed in 2010 as a primarily formed ballot measure committee supporting Proposition B, which was placed on the November 2010 ballot in the City of San Francisco. Respondent failed to provide written disclosure for a period of at least five seconds identifying persons whose contributions were $50,000 or more on a television advertisement, in violation of Government Code Section 84503 (1 count). Total Proposed Penalty: $2,000. Order Exhibit

15. In the Matter of Hubert Walsh, Hub Walsh for Supervisor, and Marcia B. Hall, FPPC No. 10/711. Staff: Senior Commission Counsel Galena West and Program Specialist Luz Bonetti. In this matter, Respondent Hubert Walsh, a candidate for Merced County Board of Supervisors, his candidate controlled committee Hub Walsh for Supervisor and campaign committee treasurer Marcia B. Hall in 2008 received seven cash contributions of $100 or more, in violation of Government Code Section 84300, subdivision (a) (1 count). Total Proposed Penalty: $1,500.Order Exhibit

16. In the Matter of Phillip Shrotman, Friends of Phillip Shrotman Long Beach City College Board of Trustees, Dist. 5-2010, and Phillip Shrotman, Treasurer, FPPC No. 10/927. Staff: Political Reform Consultant Adrianne Korchmaros. Respondents Phillip Shrotman, Friends of Phillip Shrotman Long Beach City College Board of Trustees, Dist. 5 -2010, and Phillip Shrotman, Treasurer, failed to timely file the Form 470 Supplemental, two pre-election reports, and one semi- annual campaign report, in violation of Government Code Sections 84206, 84200.5, and 84200, respectively (4 counts). Total Proposed Penalty: $1,600.Decision and Order

17. In the Matter of Cajon Valley Education Association and Gregory N. Chase, Treasurer, FPPC No. 10/564. Staff: Political Reform Consultant Adrianne Korchmaros. Cajon Valley Education Association and its Treasurer, Gregory N. Chase, failed to file two semiannual campaign statements, in violation of Government Code Section 84200 (2 counts).
    Total Proposed Penalty: $400.Order

18. In the Matter of Committee to Elect Joe Moreno, Joe Moreno, Treasurer, FPPC No. 10/961. Staff: Political Reform Consultant Jeanette E. Turvill. Mountain View School District candidate and officeholder, Joe Moreno, and his committee, Committee to Elect Joe Moreno, failed to timely file two semi-annual campaign statements in violation of Government Code Section 84200 (2 counts).
    Total proposed penalty: $400. Order

19. In the Matter of John Pedrozo, Committee to Elect John Pedrozo, and Edward Spinardi II, Treasurer, FPPC No. 10/600. Staff: Commission Counsel Bridgette Castillo and Program Specialist Grant Beauchamp. Respondent John Pedrozo was a candidate for Merced County Supervisor. Respondent Committee to Elect John Pedrozo was the controlled committee of Respondent Pedrozo. At all relevant times, Respondent Edward Spinardi II was the treasurer for Respondent Committee. In this matter, Respondents failed to timely file two pre-election campaign statements for the periods January 1, 2008 through March 17, 2008, and March 18, 2008 through May 17, 2008, in violation of Government Code Section 84200.7 (2 counts). Total Proposed Penalty: $400. Order

20. In the Matter of Coalition of Susan Boyd FPPC No. 09/777. Staff: Commission Counsel Zachary W. Norton and Special Investigator Mark Weber. Respondent Susan Boyd was a candidate for reelection to the La Cañada Unified School District board. Respondent failed to timely file a second pre-election campaign statement for the reporting period of September 20, 2009, through October 17, 2009, in violation of Government Code Section 84200 (1 count).
    Total Proposed Penalty: $200.Order

21. In the Matter of Jeffrey H. Fox, Committee to Re-elect Jeff Fox, and Jeffrey H. Fox, Treasurer, FPPC Case No. 10/599. Staff: Political Reform Consultant Adrianne Korchmaros. Respondents Jeffrey H. Fox, City of Beaumont Council Candidate, Committee to Re-elect Jeff Fox, and Jeffrey H. Fox, Treasurer, failed to timely file a semiannual report in violation of Government Code Section 84200 (1 count). Total Proposed Penalty: $200.Order

22. In the Matter of Whitney Dotson, Whitney Dotson For East Bay Regional Parks District, and Ifeoma Adams, Treasurer, FPPC No. 10/226. Staff: Political Reform Consultant Adrianne Korchmaros. Respondents Whitney Dotson, Whitney Dotson For East Bay Regional Parks District, and Treasurer Ifeoma Adams failed to timely file a semi-annual report, in violation of Government Code Section 84200 (1 count).
    Total Proposed Penalty: $200.Order

23. In the Matter of National Women's Political Caucus of San Diego and Judith K. Walters, Treasurer, FPPC No. 10/576. Staff: Political Reform Consultant Adrianne Korchmaros. National Women's Political Caucus of San Diego and its treasurer, Judith K. Walters failed to timely file a semi-annual campaign statement, in violation of Government Code Section 84200 (1 count).
    Total Proposed Penalty: $200.Order

24. In the Matter of Jerry "Pat" Maguire, FPPC No. 10/114. Staff: Senior Commission Counsel Luisa Menchaca and Senior Special Investigator Sandra Buckner. Respondent Maguire is a director in the El Camino Irrigation District ("ECID"). As a director of the ECID, Mr. Maguire impermissibly made two governmental decisions which directly affected his real property interests by voting on an irrigation plan concerning real property located within 500 feet of his real property, in violation of Government Code Section 87100 (2 counts). Total Proposed Penalty: $7,000. Order Exhibit

25. In the Matter of Dendra Dengler, FPPC No. 09/438. Staff: Senior Commission Counsel Neal Bucknell and Special Investigator Beatrice Moore. Respondent Dendra Dengler, in her capacity as a member of the Manila Community Services District Board of Directors, made a governmental decision in which she had a financial interest, in violation of Government Code Section 87100 (1 count).Total Proposed Penalty: $4,000.Order Exhibit

26. In the Matter of Michael Rubio, FPPC No. 07/293. Staff: Senior Commission Counsel Galena West, Special Investigator Mark Weber and Senior Special Investigator Leon Nurse-Williams. Respondent Michael Rubio, as a member of the Kern County Board of Supervisors, failed to timely report all required information regarding income on his annual Statement of Economic Interests for calendar year 2006, in violation of Government Code Sections 87200 and 87203 (1 count), and made a governmental decision in which he had a financial interest, in violation of Government Code Section 87100 (1 count).Total Proposed Penalty: $3,500.Order Exhibit

27. In the Matter of John K. Anderson, FPPC No. 09/735. Staff: Commission Counsel Zachary W. Norton and Special Investigator Paul Rasey. In this matter, Respondent John K. Anderson, Finance Director and City Administrator for the City of Dunsmuir, used his official position to influence a governmental decision in which he had a material financial interest, in violation of Government Code Section 87100 (1 count).
    Total Proposed Penalty: $3,000.Order Exhibit

28. In the Matter of Henry Veatch, FPPC No. 06/084. Staff: Commission Counsel Sukhi K. Brar and Special Investigator Mark Weber. In this matter, Respondent made a governmental decision as a member of the Alpine County Board of Supervisors to allocate funding to one of his sources of income, the Alpine Children's Center, in violation of Government Code Section 87100 (1 count).
    Total Proposed Penalty: $3,000. Stipulation

29. In the Matter of Los Angeles County Democratic Party-State Issues & Advocacy Committee and Kinde Durkee, Treasurer, FPPC No. 10/797. Staff: Chief of Enforcement Gary Winuk and Political Reform Consultant Jeanette Turvill. In this matter, Respondent Los Angeles County Democratic Party-State Issues & Advocacy Committee is a general purpose committee. Respondent Kinde Durkee is the treasurer of Respondent Committee. Respondents failed to file late contribution reports for a total of $129,302 of late contributions received in 2005 and 2006, in violation of Government Code Section 84203 (7 counts) and failed to report independent expenditures totaling $53,470 in 2006 and 2007, in violation of Government Code Section 84203.5 (3 counts). Total Proposed Penalty: $18,710.30Stipulation

30. In the Matter of Noreen Considine and Committee to Elect Noreen Considine, FPPC No. 08/667. Staff: Chief of Enforcement Gary Winuk and Senior Special Investigator Sandra Buckner. In this matter, Respondent Noreen Considine was a successful candidate for Jurupa School Board in the November 2008 election. Respondent Committee to Elect Noreen Considine was Respondent Considine's controlled committee. Respondents made a contribution of $7,000 to Committee to Elect Tracy McMahon and failed to timely report it, in violation of Government Code Section 84203 (1 count). Total Proposed Penalty: $1,050. Order

31. In the Matter of Zelma Allred, FPPC No. 10/1097. Staff: Political Reform Consultant Teri Rindahl. Zelma Allred, a major donor committee, failed to timely file a major donor statement, Form 461, in violation of Government Code Section 84200 (1 count). Total Proposed Penalty: $400.Order and Exhibit

32. In the Matter of Craig Jacobson, FPPC No. 10/1047. Staff: Political Reform Consultant Teri Rindahl. Craig Jacobson, a major donor committee, failed to timely file a major donor statement, Form 461, in violation of Government Code section 84200 (1 count). Total Proposed Penalty: $400.Order and Exhibit

33. In the Matter of Barbara Bamberger, FPPC No. 10/559. Staff: Senior Commission Counsel Luisa Menchaca and Senior Special Investigator Leon D. Nurse-Williams. Respondent Barbara Bamberger failed to timely file an assuming office Statement of Economic Interests and failed to report economic interests on the 2008 and 2009 annual Statements of Economic Interests, in violation of Government Code Sections 87300 and 87302
    (2 counts). Total Proposed Penalty: $400.Order and Exhibit

34. In the Matter of Robert Palomares, FPPC No. 10/ 533. Staff: Political Reform Consultant Adrianne Korchmaros. Respondent Robert Palomares, Information Officer I -Specialist 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: $400.Order and Exhibit

35. In the Matter of Hans Britsch, FPPC No. 10/451. Staff: Political Reform Consultant Teri Rindahl. Respondent Hans Britsch, a planning group member of the County of San Diego Valley Center City Planning Group, failed to file assuming office and 2009 annual Statements of Economic Interests, in violation of Government Code Section 87300 (2 counts).
    Total Proposed Penalty: $400.Order

36. In the Matter of Robert Bandy, FPPC No. 10/514. Staff: Political Reform Consultant Adrianne Korchmaros. Respondent Robert Bandy, Planning Commissioner for the City of Kerman, failed to timely file an assuming office Statement of Economic Interests, in violation of Government Code Section 87202 (1 count). Total Proposed Penalty: $200.Order

37. In the Matter of Jot Condie, FPPC No. 10/542. Staff: Political Reform Consultant Adrianne Korchmaros. Respondent Jot Condie, as a member of the State of California Travel and Tourism Commission, 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

38. In the Matter of Melodee Conrad, FPPC No. 10/894. Staff: Political Reform Consultant Adrianne Korchmaros. Melodee Conrad, Governing Board Member for the Junction Elementary School District, 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

39. In the Matter of Hunter Stern, FPPC No. 10/1039. Staff: Political Reform Consultant Jeanette E. Turvill. Hunter Stern, a member of the Marin County Workforce Investment Board, failed to timely file his 2009 annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.Order

40. In the Matter of Demosthenes Vardiabasis, FPPC No. 10/1108. Staff: Political Reform Consultant Teri Rindahl. Respondent Demosthenes Vardiabasis, a commissioner of the Economic Development Commission, failed to file a 2009 annual Statement of Economic Interests, in violation of Government Code Section 87300 (1 count).
    Total Proposed Penalty: $200.Order

41. In the Matter of William Taylor, FPPC No. 10/590. Staff: Commission Counsel Zachary W. Norton. Respondent William Taylor, Clinical Professor of Surgery and a principal investigator with the University of California, San Diego, failed to disclose on the Statement of Economic Interests he filed in conjunction with an application for a research project, his interests in a non-governmental funding source that provided grants for his projects, in violation of Government Code Section 87300 (4 counts).
    Total Proposed Penalty: $12,000.Decision and Order Exhibit

42. In the Matter of Cary Marlow, FPPC No. 08/508 (Default Decision). Staff: Senior Commission Counsel Luisa Menchaca. Respondent Marlow was a senior building inspector and designated employee of the City of Burbank. Respondent Marlow failed to disclose reportable interests in a business entity on his 2007 annual Statement of Economic Interests, in violation of Government Code Sections 87300 and 87302 (1 count).
    Total Proposed Penalty: $2,000. Order

43. In the Matter of Lori Pfeiler, FPPC No. 10/489. Staff: Commission Counsel Zachary W. Norton and Special Investigator Paul Rasey. Escondido Mayor Lori Pfeiler failed to disclose on her 2009 annual Statement of Economic Interests, a gift of travel from the Palomar Pomerado Health Foundation, valued at $27,685, in violation of Government Code Section 87207 (1 count).
    Total Proposed Penalty: $200.Order and Exhibit

44. Adoption of Amendments to Regulation 18239 - Adding "Placement Agents" to the Definition of "Lobbyist." Staff: Commission Counsel Heather Rowan and General Counsel Scott Hallabrin. Assembly Bill 1743 amends the Act, effective January 1, 2011, to add "placement agents" to the Act's definition of "lobbyist" in Section 82039. Placement agents, defined in new Section 82047.3, are essentially individuals who are compensated as intermediaries in connection with the offer or sale of securities, assets, or specified services to a state public retirement system. This amendment proposes adding placement agents to the Commission's regulation defining which individuals are lobbyists.Memorandum 18239

45. Adoption of Amendments to Regulation 18313.5. Staff: Assistant General Counsel John W. Wallace and General Counsel Scott Hallabrin. The proposed amendment to Regulation 18313.5 would add "Notices of Investigations" to the list of items to be posted on the Commission's website. The amendment states the posting timelines for these documents, including when they will be posted and when they will be removed. The amendment also sets out the type of information that will be redacted to preserve privacy rights and where necessary to protect an ongoing investigation. Memorandum 18313.5 Memorandum Comment Letter Comment Letter Web page Comment Letter Comment Letter

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

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

48. Executive Director's Report. Staff: Executive Director Roman Porter.Report

49. 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.
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