September 2021 Agenda
NOTICE AND AGENDA
Commission Meeting
Fair Political Practices Commission
1102 Q Street, Suite 3800
Sacramento, CA 95811
Thursday, September 16, 2021
10:00 A.M.
Public comments may be submitted in real time by
following the link to our new public participation portal!
http://mediasite.fppc.ca.gov/
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.
Pursuant to Executive Order N-08-21, certain provisions of the Bagley Keene Open Meeting Act are suspended due to a State of Emergency in response to the COVID-19 pandemic. Consistent with the Executive Order, this Commission meeting will be conducted by teleconference only. None of the locations from which Commissioners will participate will be open to the public. Members of the public who wish to observe the meeting may do so via YouTube or via telephone by calling (877) 411-9748; access code 723284. Members of the public who wish to comment during the meeting may do so by telephone by calling (877) 411-9748; access code 723284 or using the Commission’s public participation portal found at http://mediasite.fppc.ca.gov/.
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), CommAsst@fppc.ca.gov (e-mail) 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.
The Commission may take action on any item listed on this agenda.
Welcome
Richard C. Miadich, 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. Approval of Commission Minutes
3-8. 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 Contribution Limits
3. In the Matter of Barry Chang for Assembly 2016 and Barry Chang; FPPC No. 16/446. Staff: Ruth Yang, Senior Commission Counsel. The respondents entered into a tolling agreement with the Enforcement Division, which was effective as of July 19, 2020, regarding the applicable statutes of limitations. The respondents were represented by Gary Winuk of Kaufman Legal Group LLP. Barry Chang was an unsuccessful candidate for District 24 of the California State Assembly in the June 7, 2016 Primary Election. Barry Chang for Assembly 2016 was Chang’s candidate-controlled committee. The Committee and Chang failed to timely file 35 10-day reports, in violation of Government Code Section 85309, subdivision (c) (3 counts); failed to timely disclose complete contributor information, in violation of Government Code Section 84211, subdivision (f) (1 count); failed to timely file four 24-hour reports, in violation of Government Code Section 84203 (1 count); and accepted aggregated contributions from Caixing Xie that exceeded the campaign contribution limit, in violation of Government Code Section 85301, subdivision (a), and Regulation 18545, subdivision (a)(1) (1 count). Total Proposed Penalty: $17,000.
4. In the Matter of Caixing Xie; FPPC No. 19/1680. Staff: Ruth Yang, Senior Commission Counsel. The respondent was represented by Henry Hu. Caixing Xie made contributions as an individual and through various entities in 2015 to Barry Chang for Assembly 2016. Caixing Xie made contributions that exceeded the campaign contribution limit for State Assembly candidates, in violation of Government Code Section 85301, subdivision (a), and Regulation 18545, subdivision (a)(1) (1 count). Additionally, Caixing Xie failed to timely file a major donor campaign statement, in violation of Government Code Section 84200, subdivision (b) (1 count). Total Proposed Penalty: $6,000.
5. In the Matter of Dakota Brothers, Inc. and Tropicana Russell, Inc.; FPPC No. 19/1682. Staff: Ruth Yang, Senior Commission Counsel. Dakota Brothers, Inc. and Tropicana Russell, Inc. each made contributions in 2016 to Barry Chang for Assembly 2016. At the time when those contributions were made, Dakota Brothers and Tropicana Russell were majority owned by the same combination of individuals. Dakota Brothers, Inc. and Tropicana Russell, Inc made contributions that exceeded the campaign contribution limit for State Assembly candidates, in violation of Government Code Section 85301, subdivision (a), and Regulation 18545, subdivision (a)(1) (1 count). Additionally, Dakota Brothers and Tropicana Russell failed to timely file a major donor campaign statement, in violation of Government Code Section 84200, subdivision (b) (1 count). Total Proposed Penalty: $5,500.
Campaign Late Filer
6. In the Matter of Friends of Long Beach City College – Yes on Measure LB and Lexi Donovan; FPPC No. 17/1003. Staff: Jenna C. Rinehart, Commission Counsel. Friends of Long Beach City College – Yes on Measure LB was a local ballot measure committee primarily formed to support the approval of Measure LB, a bond issue measure in the June 7, 2016 Primary Election. Lexi Donovan was the Committee’s treasurer. The Committee and Donovan failed to timely file two preelection campaign statements and two semi-annual campaign statements, in violation of Government Code Sections 84200.5, 84200.8, and 84200 (1 count) and failed to timely file 44 24-hour reports, in violation of Government Code Section 84203 (3 counts). Total Proposed Penalty: $11,500.
Friends of Long Beach City College - Stip
7. In the Matter of Associated Students of Glendale Community College; FPPC No. 21/259. Staff: Ruth Yang, Senior Commission Counsel and Lance Hachigian, Special Investigator. Associated Students of Glendale Community College is a student government organization that failed to timely file two 24-hour reports, in violation of Government Code Section 84203 (1 count) and failed to timely file a major donor campaign statement, in violation of Government Code Section 84200, subdivision (b) (1 count). Total Proposed Penalty: $5,000.
Associated Students of Glendale Community College - Stip
Default Proceedings
8. In the Matter of Thomas Benson for Signal Hill City Council 2017 and Thomas Benson; FPPC No. 18/171. Staff: Theresa Gilbertson, Senior Commission Counsel. Thomas Benson was an unsuccessful candidate for Signal Hill City Council during a local election held on March 7, 2017. Thomas Benson for Signal Hill City Council 2017 was Benson’s candidate-controlled committee. The Committee and Benson failed to timely file three semi-annual campaign statements, in violation of Government Code Section 84200 (3 counts). Total Proposed Penalty: $9,000.
Notice of Intent to Present Default Decision and Order at the October Commission Meeting
9. In the Matter of Greg Keebler; FPPC No. 17/394. Staff: Jenna C. Rinehart, Commission Counsel. Greg Keebler, as a Board Member for the Long Beach Area Convention and Visitor’s Bureau, failed to timely file an Assuming Office, a 2016 Annual, a 2017 Annual, and a 2018 Annual/Leaving Office Statement of Economic Interests, in violation of Government Code Section 87300 (4 counts). Total Proposed Penalty: $16,000.
10-15. General Items
10. Prenotice Discussion of Proposed Regulation 18421.10. Staff: Toren Lewis, Commission Counsel. Staff proposes Regulation 18421.10 to provide the public with more information when a committee makes a payment for the amplification of an electronic advertisement or online communication. The proposed regulation is presented for discussion and further direction to staff. It will be presented to the Commission for adoption at a subsequent meeting.
Staff Memo
Proposed Regulation 18421.10
11. Prenotice Discussion of Proposed Regulatory Changes Permitting the Use of Secure Electronic Signatures. Staff: Kevin Cornwall, Commission Counsel. Staff presents proposed new Regulations 18104 and 18757, as well as amendments to Regulations 18115, 18115.2, and 18723.1, relating to the use of electronic signatures on various FPPC forms as an alternative to paper filings and filings via certified electronic filing systems. The proposed regulations and amendments are presented for discussion and direction by the Commission and will be presented for adoption at a subsequent meeting.
Staff Memo
Proposed Regulation 18104
Proposed Regulation 18757
Proposed Amendments to Regulation 18115
Proposed Amendments to Regulation 18115.2
Proposed Amendments to Regulation 18723.1
12. Committee Updates.
Law and Policy Committee Update.
13. Legislative Update. Staff: Lindsey Nakano, Legislative Counsel. The Commission may provide direction on sponsored legislation and other PRA related legislation. The Commission may direct staff to amend bill proposals and provide additional updates.
14. Executive Staff Reports.
Enforcement Division. Angela Brereton, Chief of Enforcement
Legal Division. David Bainbridge, General Counsel
Administration and Technology Division, Loressa Hon, Chief of Administration
Executive Director Update. Galena West, Executive Director
15. Commissioner Comments and Proposed Future Agenda Items.
Note: Although any 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).)
Additional Information
[1]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. Email comment letters directly to CommAsst@fppc.ca.gov. To participate in real time, visit http://mediasite.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 on the website. The Commission makes every attempt to post ADA compliant documents. If there is a document that is not compliant, please email the Commission Assistant requesting an ADA compliant version.
Members of the public may listen to the meeting by phone by calling (877) 411-9748; access code 723284; or watch the meeting via Webinar at 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 (voice), CommAsst@fppc.ca.gov (e-mail) 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.