September 2018 Agenda

NOTICE AND AGENDA

Commission Meeting

California Fair Political Practices Commission

Los Angeles City Hall
Edward R. Roybal BPW Session Room, #350
200 N. Spring Street
Los Angeles, CA 90012

Thursday, September 20, 2018
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.

Welcome

Alice Germond, Chair

1. Public Comment

During this comment period, any person is invited to speak on any topic that is not listed on this agenda. Action may not be taken on any matter raised during this public comment period until the matter is specifically listed on a future agenda. Those who wish to comment on an item that has been listed on this agenda may comment when that item has been opened for consideration by the Commission and before any action is taken.

2. Presentation by Los Angeles Ethics Commission

3. Approval of Commission Minutes

4-36. Enforcement Consent Calendar

Items on the consent calendar will be taken up and voted on as a group. A Commissioner may request that an item be removed from consent, in which case it will be discussed separately in the meeting. 

Campaign Bank Account

4. In the Matter of Andrew Valencia for Sweetwater School Board 2016 and Andrew Valencia; FPPC No. 16/20043. Staff: Commission Counsel Theresa Gilbertson and Special Investigator Marshall Miller. Andrew Valencia was an unsuccessful candidate for the Sweetwater Union High School District Board of Trustees District 2 in the November 8, 2016 General Election. Andrew Valencia for Sweetwater School Board 2016 was his candidate-controlled committee. The Committee and Valencia failed to establish a dedicated bank account to make all expenditures from and deposit all contributions into, in violation of Government Code Section 85201 (1 count). The Committee also failed to timely file one pre-election statement for the reporting period of September 25, 2016 through October 22, 2016 and a semiannual statement for the reporting period of October 23, 2016 through December 31, 2016, in violation of Sections 84200, 84200.5 and 84200.8 (1 count). Total Proposed Penalty: $4,500.

Valencia - Stipulation

Advertisements

5. In the Matter of Save Avalon Now, A Committee Supporting Mayor Marshall, Council Candidates Montano and Hernandez, Opposing Council Candidates MacGugan-Cassidy, Olsen and Fertig 2016, Mike Sheehan, and Lysa Ray; FPPC No. 16/19829. Staff: Commission Counsel Christopher Burton and Special Investigator Garrett Micheels. Save Avalon Now, A Committee Supporting Mayor Marshall, Council Candidates Montano and Hernandez, Opposing Council Candidates MacGugan-Cassidy, Olsen and Fertig 2016 was primarily formed to support and oppose six different candidates for mayor and city council in the City of Avalon’s April 12, 2016 Election. The principal officer of the Committee was Mike Sheehan, and the treasurer was Lysa Ray. The Committee, Sheehan, and Ray failed to timely file three 24-hour independent expenditure reports, in violation of Government Code Section 84204 (1 count); and the Committee and Sheehan failed to disclose the full name of the Committee on 14 different advertisements and include the appropriate independent expenditure disclaimer on seven different advertisements, in violation of Government Code Sections 84506 and 84506.5 (1 count). Total Proposed Penalty: $4,500.  

Save Avalon Now - Stipulation

Campaign Non-Filer

6. In the Matter of Ray “Coach” Curtis for Riverside County Office of Education Board 2016 and Ray Curtis; FPPC No. 16/793. Staff: Commission Counsel Theresa Gilbertson. Ray Curtis was a successful candidate for Board Member of the Riverside County Office of Education in the 2016 June 7, 2016 Primary Election. Ray “Coach” Curtis for Riverside County Office of Education Board 2016 was his candidate-controlled committee. The Committee and Curtis failed to timely file a pre-election statement for the period ending May 21, 2016, in violation of Government Code Section 84200.5 (1 count). The Committee also failed to timely file three 24-hour reports in violation of Government Code Section 84203 (1 count). Total Proposed Penalty: $4,000.  

Ray "Coach" Curtis - Stipulation

7. In the Matter of Christopher Pedigo for Mayor 2016 and Christopher Pedigo; FPPC No. 16/19908 (Streamline Settlement). Staff: Commission Counsel Theresa Gilbertson, Associate Governmental Program Analyst Dominika Wojenska, and Law Clerk Savannah Weil-Dye. Christopher Pedigo was an unsuccessful candidate for Mayor of Marysville in the November 8, 2016 General Election and is a current Marysville City Councilmember. Christopher Pedigo for Mayor 2016 was his candidate-controlled committee. The Committee and Pedigo failed to timely file a pre-election campaign statement for the reporting period of January 1, 2016 through October 22, 2016, in violation of Government Code Section 84200.5 and a semiannual campaign statement for the reporting period of October 23, 2016 through December 31, 2016, in violation of Government Code Section 84200 (2 counts). Total Proposed Penalty: $2,051.   

Christopher Pedigo - Stipulation

8. In the Matter of Laura Santos and Santos for Mt. San Antonio College Board 2013; FPPC No. 16/274 (Streamline Settlement). Staff: Commission Counsel Theresa Gilbertson and Associate Governmental Program Analyst Dominika Wojenska. Laura Santos was a successful candidate for the Mt. San Antonio College Board of Trustees in the November 5, 2013 General Election. Santos for Mt. San Antonio College Board 2013 was her candidate controlled committee. The Committee and Santos failed to timely file four semiannual campaign statements for the reporting period of July 1, 2015 through June 30, 2017, in violation of Government Code Section 84200 (4 counts). Total Proposed Penalty: $808.

Laura Santos - Stipulation

9. In the Matter of Briones for School Board 2017 and Florencio Briones; FPPC No. 18/161 (Streamline Settlement). Staff: Chief of Enforcement Galena West, Political Reform Consultant Teri Rindahl, and Associate Governmental Program Analyst Dominika Wojenska. Florencio Briones was a successful candidate for the El Monte Union High School District Board of Trustees in the November 7, 2017 General Election. Briones for School Board 2017 was his candidate-controlled committee. The Committee and Briones failed to timely file a semi-annual campaign statement for the reporting period of October 22, 2017 through December 31, 2017, in violation of Government Code Section 84200 (1 count) and a 24-hour contribution report, in violation of Government Code Section 84203 (1 count). Total Proposed Penalty: $652.  

Florencio Briones - Stipulation

10. In the Matter of Committee for Advancement of Public Education – Yes on Measures Y and YY and Samuel R. Biggs; FPPC No. 18/351 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. The respondent is represented by Attorney Joseph A. Guardarrama of Kaufman Legal Group. The Committee for Advancement of Public Education – Yes on Measures Y and YY was a local primarily formed city committee. Samuel R. Biggs was the Committee’s treasurer. The Committee and Biggs failed to timely file two semi-annual campaign statements for the reporting periods of January 1, 2015 through June 30, 2015 and July 1, 2015 through July 31, 2015, in violation of Government Code Section 84200 (2 counts). Total Proposed Penalty: $519.

Advancement of Public Education - Stipulation 

11. In the Matter of Guerrero for Treasurer 2018 and Jack Guerrero; FPPC No. 18/620 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chris Holm. Jack Guerrero was an unsuccessful candidate for Los Angeles County Treasurer in the June 5, 2018 Primary Election.  Guerrero for Treasurer 2018 is his candidate-controlled committee. The Committee and Guerrero failed to timely file two pre-election campaign statements for the reporting period of January 1, 2018 through April 21, 2018 and April 22, 2018 through May 19, 2018, in violation of Government Code Section 84200.5 (2 counts). Total Proposed Penalty: $498.  

Jack Guerrero - Stipulation 

12. In the Matter of Maria Estrada for Assembly 2018, Maria Estrada, and Stephen Metoyer; FPPC No. 18/615 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chris Holm. Maria Estrada was an unsuccessful candidate for Assembly in the June 5, 2018 Primary Election.  Maria Estrada for Assembly 2018 is her candidate-controlled committee. Stephen Metoyer is the committee’s treasurer. The Committee, Estrada and Metoyer failed to timely file two pre-election campaign statements for the reporting period of January 1, 2018 through April 21, 2018 and April 22, 2018 through May 19, 2018, in violation of Government Code Section 84200.5 (2 counts). Total Proposed Penalty: $489.

Maria Estrada - Stipulation 

13. In the Matter of Committee to Re-Elect Stacy Adler for Mono Superintendent of Schools 2018, Stacey Adler, Richard McAteer, and Cindy Podosin; FPPC No. 18/651 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chris Holm. Stacy Adler was a successful candidate for Mono Superintendent of Schools in the June 5, 2018 Primary Election. Committee to Re-Elect Stacy Adler for Mono Superintendent of Schools 2018 is her candidate-controlled committee. Richard McAteer and Cindy Podosin are the committee’s treasurers.  The Committee, Alder, McAteer and Podosin failed to timely file two pre-election campaign statements for the reporting period of January 1, 2018 through April 21, 2018, and April 22, 2018 through May 19, 2018, in violation of Government Code Section 84200.5 (1 count). Total Proposed Penalty: $470.  

Stacy Adler - Stipulation 

14. In the Matter of Committee to Re-Elect Gilbert G. Otero District Attorney, Gilbert Otero, and Ivonne Peraza; FPPC No. 18/566 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chris Holm. Gilbert Otero was a successful candidate for Imperial County District Attorney in the June 5, 2018 Primary Election.  Committee to Re-Elect Gilbert G. Otero District Attorney is his candidate-controlled committee. Ivonna Peraza is the Committee’s treasurer. The Committee, Otero and Peraza failed to timely file one pre-election campaign statement for the reporting period of January 1, 2018 through April 21, 2018, in violation of Government Code Section 84200.5 (1 count). Total Proposed Penalty: $429.  

Gilbert Otero - Stipulation 

15. In the Matter of Carole Dorshkind, Cecily Harris, Jon Levinson, Gregory Loew, Brigid O’Farrell, Pam Salvatierra, and Mitchell Oster; FPPC No. 16/563 (Streamline Settlement). Staff: Commission Counsel Christopher Burton. Carole Dorshkind, Cecily Harris, Jon Levinson, Gregory Loew, Brigid O’Farrell, and Pam Salvatierra was the controlled committee of Dorshkind, Harris, Loew, O’Farrell, and Salvatierra, who were candidates for the San Mateo County Democratic Central Committee in the June 7, 2016 Primary Election. Mitchell Oster was the committee’s treasurer. The Committee and Oster failed to timely file a statement of organization, in violation of Government Code Section 84101 (1 count); and failed to timely file a semiannual campaign statement, in violation of Government Code Section 84200 (1 count). Total Proposed Penalty: $422. 

Carole Dorshkind - Stipulation 

16. In the Matter of Dixon Teachers Association PAC and Adrienne Kaufmann; FPPC 18/112 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. Dixon Teachers Association PAC is a local general purpose committee. Adrienne Kaufmann is the Committee’s treasurer. The Committee and Kaufmann failed to timely file one pre-election campaign statement for the reporting period of July 1, 2016 through October 22, 2016, in violation of Government Code Section 84200.5 (1 count). Total Proposed Penalty: $420.

Dixon Teachers Association PAC - Stipulation 

17. In the Matter of 48th Assembly District Republican Central Committee and Erskine L. Levi Jr.; FPPC No. 18/475 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. The 48th Assembly District Republican Central Committee is a state general purpose committee. Erskine L. Levi Jr. is the Committee’s treasurer. The Committee and Levi failed to timely file two semi-annual campaign statements for the reporting periods of January 1, 2017 through June 30, 2017 and July 1, 2017 through December 31, 2017, in violation of Government Code Section 84200 (2 counts). Total Proposed Penalty: $411.

Republican Central Committee - Stipulation 

18. In the Matter of Northwood Investors LLC and Affiliated Entities and Colorado Office Campus LLC, an affiliated entity; FPPC No. 17/1451 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. The respondent is represented by James R. Sutton of the Sutton Law Firm. Northwood Investors LLC and Affiliated Entities is a local major donor committee. The Committee failed to timely file a 24-hour contribution report for a late contribution made by its affiliated entity, Colorado Office Campus LLC, in violation of Government Code Section 84203 (1 count). Total Proposed Penalty: $300. 

Northwood Investors LLC - Stipulation 

19. In the Matter of Stratton Petit Foundation; FPPC No. 18/353 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. The respondent is represented by Attorney Joseph A. Guardarrama of Kaufman Legal Group.  Stratton Petit Foundation is a city major donor committee. The Committee failed to timely file a major donor statement for the reporting period of January 1, 2016 through June 30, 2016, in violation of Government Code Section 84200, subdivision (b) (1 count). Total Proposed Penalty: $300.  

Stratton Petit Foundation - Stipulation 

20. In the Matter of The Madison Project; FPPC No. 18/354 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert.  The respondent is represented by Attorney Joseph A. Guardarrama of Kaufman Legal Group. The Madison Project is a city major donor committee. The Committee failed to timely file a major donor statement for the reporting period of January 1, 2016 through December 31, 2016, in violation of Government Code Section 84200, subdivision (b) (1 count). Total Proposed Penalty: $300.  

The Madison Project - Stipulation 

21. In the Matter of Friends of Doug Verboon and Doug Verboon; FPPC No. 18/518 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chris Holm. Doug Verboon was a successful candidate for Kings County Board of Supervisors District 3 in the June 5, 2018 Primary Election.  Friends of Doug Verboon is his candidate-controlled committee. The Committee and Verboon failed to timely file one pre-election campaign statement for the reporting period of April 22, 2018 through May 19, 2018, in violation of Government Code Section 84200.5 (1 count). Total Proposed Penalty: $286.

Doug Verboon - Stipulation 

22. In the Matter of Antioch Education Association and Robert Strickler; FPPC No. 16/19926 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Associate Governmental Program Analyst Dominika Wojenska. Antioch Education Association is a local general purpose committee. Robert Strickler is the Committee’s assistant treasurer. The Committee and Strickler failed to timely file one pre-election campaign statement for the reporting period of July 1, 2016 through September 24, 2016, in violation of Government Code Section 84200.5 (1 count). Total Proposed Penalty: $253.  

Antioch Education Association - Stipulation 

23. In the Matter of Matt Nguyen for Orange County Board of Education 2018 and Matt Nguyen; FPPC No. 18/654 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chris Holm. Matt Nguyen was an unsuccessful candidate for Orange County Board of Education in the June 5, 2018 Primary Election.  Matt Nguyen for Orange County Board of Education 2018 is his candidate-controlled committee. The Committee and Nguyen failed to timely file one pre-election campaign statement for the reporting period of January 1, 2018 through April 21, 2018, in violation of Government Code Section 84200.5 (1 count). Total Proposed Penalty: $253.  

Matt Nguyen - Stipulation 

24. In the Matter of Committee to Elect Josue G. Mercado for Imperial County Auditor-Controller 2018, Josue Mercado, and Edgard Garcia; FPPC No. 18/585 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chris Holm. Josue Mercado was a successful candidate for Imperial County Auditor-Controller in the June 5, 2018 Primary Election.  Committee to Elect Josue G. Mercado for Imperial County Auditor-Controller 2018 is his candidate-controlled committee. Edgard Garcia was the Committee’s treasurer. The Committee, Mercado and Garcia failed to timely file one pre-election campaign statement for the reporting period of January 1, 2018 through April 21, 2018, in violation of Government Code Section 84200.5 (1 count). Total Proposed Penalty: $234.  

Josue Mercado - Stipulation 

25. In the Matter of Vote 4 Candelore Community College 2018 and Allan Candelore; 18/415 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Intake Manager Tara Stock. Allan Candelore was an unsuccessful candidate for San Diego Community College District Trustee in the June 5, 2018 Primary Election. Vote 4 Candelore Community College 2018 is his candidate-controlled committee. The Committee and Candelore failed to timely file a pre-election campaign statement covering the reporting period of January 1, 2018 through April 21, 2018, in violation of Government Code Section 84200.5 (1 count). Total Proposed Penalty: $223.  

Allan Candelore - Stipulation 

26. In the Matter of Committee to Elect Robert Garcia for Kings County Board of Supervisors District 3 2018, Robert Garcia, and Tyler Vierra; FPPC No. 18/530 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chris Holm. Robert Garcia was an unsuccessful candidate for Kings County Board of Supervisors District 3 in the June 5, 2018 Primary Election.  Committee to Elect Robert Garcia for Kings County Board of Supervisors District 3 2018 is his candidate-controlled committee. Tyler Vierra is the Committee’s treasurer. The Committee, Garcia and Vierra failed to timely file one pre-election campaign statement for the reporting period of April 22, 2018 through May 19, 2018, in violation of Government Code Section 84200.5 (1 count). Total Proposed Penalty: $218.  

Robert Garcia - Stipulation

27. In the Matter of Adrian Rivera for County Clerk 2018, Adrian Rivera, and Bonnie Scharnick; FPPC No. 18/591 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chris Holm. Adrian Rivera was an unsuccessful candidate for Fresno County Clerk in the June 5, 2018 Primary Election.  Adrian Rivera for County Clerk 2018 is his candidate-controlled committee. Bonnie Scharnick is the Committee’s treasurer. The Committee, Rivera and Scharnick failed to timely file one pre-election campaign statement for the reporting period of April 22, 2018 through May 19, 2018, in violation of Government Code Section 84200.5 (1 count). Total Proposed Penalty: $215.  

Adrian Rivera - Stipulation 

28. In the Matter of Elect Joong Kim for County Supervisor #1 2018, Joong Kim, and Maria Juarez; FPPC No. 18/375 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chris Holm. Joong Kim was an unsuccessful candidate for Imperial County Supervisor in the June 5, 2018 Primary Election.  Elect Joong Kim for County Supervisor #1 2018 is his candidate-controlled committee. Maria Juarez was the Committee’s treasurer. The Committee, Kim and Juarez failed to timely file one pre-election campaign statement for the reporting period of January 1, 2018 through April 21, 2018, in violation of Government Code Section 84200.5 (1 count). Total Proposed Penalty: $210.  

Joong Kim - Stipulation 

29. In the Matter of Feinstein for Secretary of State 2018 and Michael Feinstein; FPPC No. 18/618 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chris Holm. Michael Feinstein was an unsuccessful candidate for Secretary of State in the June 5, 2018 Primary Election. Feinstein for Secretary of State 2018 was his candidate-controlled committee. The Committee and Feinstein failed to timely file one pre-election campaign statement for the reporting period of April 22, 2018 through May 19, 2018, in violation of Government Code Section 84200.5 (1 count). Total Proposed Penalty: $207.  

Michael Feinstein - Stipulation

30. In the Matter of Patrick Sparks for Supervisor 2018, Patrick Sparks, and Doria Ballesteros; FPPC No. 18/418 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Intake Manager Tara Stock. Patrick Sparks was an unsuccessful candidate for San Luis Obispo County Supervisor in the June 5, 2018 Primary Election. Patrick Sparks for Supervisor 2018 is his candidate-controlled committee. Doria Ballesteros is the committee’s treasurer. The Committee and Ballesteros failed to timely file a pre-election campaign statement for the reporting period of April 22, 2018 through May 19, 2018, in violation of Government Code Section 84200.5 (1 count). Total Proposed Penalty: $201. 

Patrick Sparks - Stipulation 

Campaign Non-Reporter

31. In the Matter of Tom Wheeler for Supervisor District 5-2018, Tom Wheeler, and Nancy D. Beavers; FPPC No. 18/381. Staff: Commission Counsel Theresa Gilbertson. Tom Wheeler for Supervisor District 5-2018 is the candidate-controlled committee. Tom Wheeler was a successful candidate for Madera County Board of Supervisors in the June 5, 2018 Primary Election. Nancy D. Beavers is the Committee’s treasurer. The Committee, Wheeler, and Beavers failed to timely file a pre-election statement for the period ending April 21, 2018 in violation of Government Code Section 84200.5 (1 count). The Committee also failed to timely report employer and occupation information of several contributors in violation of Government Code Section 84211, subdivision (f) (1 count). Total Proposed Penalty: $3,500.  

Tom Wheeler - Stipulation

32. In the Matter of Beck for City Council 2018, Tom Beck, and Michael G. Hoover; FPPC No. 18/315 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Tom Beck was a successful candidate for Arcadia City Councilmember in the April 10, 2018 Election. Beck for City Council 2018 is his candidate-controlled committee. Michael G. Hoover is the Committee’s treasurer. The Committee, Beck, and Hoover failed to timely report contributor information on pre-election campaign statements for the reporting periods of January 1, 2018 through February 24, 2018 and February 25, 2018 through March 24, 2018, in violation of Government Code Section 84211 (2 counts). Total Proposed Penalty: $454.  

Tom Beck - Stipulation

Statement of Economic Interests Non-Disclosure

33. In the Matter of Sinan Kanatsiz; FPPC No. 17/477 (Streamline Settlement). Staff: Senior Commission Counsel Bridgette Castillo and Special Investigator Paul Rasey. Sinan Kanatsiz, a member of SAFE-BIDCO Board of Directors, failed to timely disclose his interests in Internet Marketing Association on two Statements of Economic Interests (SEI): one for his 2013 Annual SEI and one for his Leaving Office as a SAFE-BIDCO Board of Directors in 2014, in violation of Government Code Section 87300 (2 Counts). Total Proposed Penalty: $200.

Sinan Kanatsiz - Stipulation 

34. In the Matter of Eli F. Ontiveros; FPPC No. 15/270 (Streamline Settlement). Staff: Senior Commission Counsel Angela Brereton and Special Investigator Jeffrey Kamigaki. Eli F. Ontiveros, a City Councilmember for the City of Sanger, failed to timely disclose his interests in Ontiveros Concrete, Inc., on his 2012 Annual Statement of Economic Interests, in violation of Government Code Sections 87207 and 87209 (1 count). Total Proposed Penalty: $100.  

Eli Ontiveros - Stipulation 

Statement of Economic Interests Non- Filer

35. In the Matter of Deb Arbogast; FPPC No. 18/464 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Intake Manager Tara Stock. Deb Arbogast, a former Member for the City of Auburn Historic Design Review Commission, failed to timely file a 2017 Annual/Leaving Office Statement of Economic Interests, in violation of Government Code Section 87300 (1 count). Total Proposed Penalty: $200.  

Deb Arbogast - Stipulation 

36. In the Matter of Elizabeth Alcantar; FPPC No. 17/1167 (Streamline Settlement). Staff: Chief of Enforcement Galena West and Political Reform Consultant Chloe Hackert. Elizabeth Alcantar, a Planning Commissioner of the City of Cudahy, failed to timely file a 2016 Annual Statement of Economic Interests, in violation of Government Code Section 87203 (1 count). Total Proposed Penalty: $200.

Elizabeth Alcantar - Stipulation

Notice of Intent to Present Default Decision and Order at October Commission Meeting 

37. In the Matter of Re-Elect Terry Cox for Central Unified School District Trustee Area 6, 2016, Terry Cox, and Julie Lim; FPPC No. 17/382. Staff: Commission Counsel Christopher Burton and Associate Governmental Program Analyst Dominika Wojenska. Terry Cox was a successful candidate for re-election to the Central Unified School District Board of Trustees in the November 8, 2016 General Election. Re-Elect Terry Cox for Central Unified School District Trustee Area 6, 2016 is her candidate-controlled committee. Julie Lim is the Committee’s treasurer. The Committee, Cox, and Lim failed to timely file three semiannual campaign statements for the reporting periods of October 23, 2016 through December 31, 2016, January 1, 2017 through June 30, 2017, and July 1, 2017 through December 31, 2017, in violation of Government Code Section 84200 (3 counts); and four 24-hour contribution reports, in violation of Government Code Section 84203 (4 counts). Total Proposed Penalty: $20,000.

38-53. General Items

38. Assignment of Hearing to Administrative Law Judge (ALJ): In the Matter of Friends of Chris Stampolis, Friends of Chris Stampolis for Santa Clara School Board 2012, and Chris Stampolis, FPPC No. 15/1045. Staff: Acting Executive Director, Loressa Hon, Chief of Enforcement Galena West, and Commission Counsel Ruth Yang. The Executive Director and the Chief of Enforcement are recommending that a hearing be conducted before an ALJ pursuant to Government Code Section 11512, subdivision (a). The ALJ will make a recommendation to the Commission on the findings of fact, law and penalty, if applicable, in the matter. The Commission will then have the opportunity to review the proposed decision and make the final determination on the case. If the Commission agrees with this recommendation, no action is required.    

Staff Memo and Accusation

39. Assignment of Hearing to Administrative Law Judge (ALJ): In the Matter of Joshua Mitchell, FPPC No. 14/1333. Staff: Acting Executive Director, Loressa Hon, Chief of Enforcement Galena West, and Senior Commission Counsel Bridgette Castillo. The Executive Director and the Chief of Enforcement are recommending that a hearing be conducted before an ALJ pursuant to Government Code Section 11512, subdivision (a). The ALJ will make a recommendation to the Commission on the findings of fact, law and penalty, if applicable, in the matter. The Commission will then have the opportunity to review the proposed decision and make the final determination on the case. If the Commission agrees with this recommendation, no action is required.    

Staff Memo and Accusation

40. Assignment of Hearing to Administrative Law Judge (ALJ): In the Matter of Susan G.Shelley, Shelley for Assembly 2013, and Shelley for Assembly 2014, FPPC No. 15/003. Staff: Acting Executive Director, Loressa Hon, Chief of Enforcement Galena West, and Assistant Chief of Enforcement Dave Bainbridge. The Executive Director and the Chief of Enforcement are recommending that a hearing be conducted before an ALJ pursuant to Government Code Section 11512, subdivision (a). The ALJ will make a recommendation to the Commission on the findings of fact, law and penalty, if applicable, in the matter. The Commission will then have the opportunity to review the proposed decision and make the final determination on the case. If the Commission agrees with this recommendation, no action is required.    

Staff Memo and Accusation

41. Enforcement Review Task Force. Task Force Chair Stephen Kaufman and Vice Chair Norman Coppinger. The Enforcement Review Task Force will update the Commission and seek the Commission’s direction in prioritizing items for the Task Force’s consideration. The Commission may provide direction to the Task Force and may prioritize items for the Task Force’s consideration.  

42. Bitcoin and Cryptocurrency Contributions. Staff: Brian Lau, Acting General Counsel, and Zachary Norton, Senior Commission Counsel, Legal Division. The Commission will consider a regulation governing the use of Bitcoin, and other cryptocurrencies, to make a contribution including but not limited to prohibiting cryptocurrency contributions, permitting cryptocurrency contributions as cash contributions or in-kind contributions, and determining whether cryptocurrency contributions may be maintained in a separate account from a committee’s campaign bank account.  

Staff Memo

43. Citizens for Responsibility & Ethics in Wash. v. FEC, 2018 U.S. Dist. LEXIS 130774. Staff: Brian Lau, Acting General Counsel and John Feser, Senior Commission Counsel. The Commission will discuss this case and any impact it may have on the Political Reform Act and FPPC regulations.  

Staff Memo

44. In re Kaufman Opinion Request. Staff: Acting General Counsel Brian Lau and Senior Commission Counsel John Feser. The Commission will consider issuing an opinion addressing whether emails paid for by a candidate or committee must contain a “Paid for by” disclaimer, under Section 84305, if the email is sent for the purpose of conducting a poll of the public.  

Kaufman Opinion Request
Staff Memo and Draft Opinion

45. Committee Updates  

Law and Policy Committee Update (This Committee did not meet this month)
Budget and Personnel Committee Update 

46. Legislative Update. Legislative and External Affairs. Phillip Ung, Director.  

Staff Memo

47. Legislation Development Schedule. Staff. Loresa Hon, Acting Executive Director, and Phillip Ung, Director of Legislation and External Affairs. The Commission will discuss a proposed calendar for developing sponsored legislation for the 2019-2020 Legislative Session.

Staff Memo

48. Advice Letter Report and Commission Review. Staff: Brian Lau, Acting General Counsel. The Commission may review and discuss advice letters that have been issued since the August Executive Staff Report. The Commission may act to withdraw the advice provided.  

Advice Letter Report

49. Executive Staff Reports.

Enforcement Division. Galena West, Enforcement Chief
Legal Division. Brian Lau, Acting General Counsel
External Affairs and Education. Deborah Hanephin, Manager

Executive Staff Report

50. Commissioner Comments and Proposed Future Agenda Items. Note: While a Commissioner may identify a topic of interest, the Commission may not substantially discuss or take action on any matter raised during the meeting that is not included on this agenda, except to decide to place the matter on the agenda of a future meeting. (Government Code Sections 11125 & 11125.7(a).)

51. Closed Session. Administrative Adjudication ((Gov. Code § 11126(c)(3)). Consideration of Proposed decision of Administrative Law Judge, In the matter of Juan Sandoval, FPPC No. 14/434, OAH No. 2018030226.  

ALJ’s Proposed Decision, July 9, 2018
Enforcement’s Brief in Support of Proposed Decision
(No Reply Submitted by Respondent)

52. Closed Session. Pending Litigation (Gov. Code § 11126(e)(1)). Burgess v. Fair Political Practices Commission, Riverside Superior Court Case No: RIC-1510656; discussion of pending litigation regarding attorney’s fees.  

53. Closed Session. Personnel Matter (Gov. Code § 11126, subds. (a) and (b); 11126(e)(1).) 

Additional Information

You can obtain further information about the meeting by contacting the Commission Assistant, 1102 Q Street, Suite 3000, Sacramento, CA, 95811, 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 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 and ADACoordinator@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 three business days between the request and the meeting date.