NOTICE AND AGENDA

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. Members of the public may listen to the meeting by phone by calling (669) 444-9171; access code: 9856036268 or watch the meeting via Webinar at YouTube. To participate in real time, visit https://mediasite.fppc.ca.gov/ or call (669) 444-9171; access code: 9856036268.

To view the new procedure to participate by telephone, visit our Public Comment page.

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.

Welcome

Adam E. Silver, Chair

1. Public Comment

1. Public Comment for Items not on Agenda. 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.

The Commission should avoid discussing and may not act on any matter raised during this public comment period, except to decide whether to place the matter on the agenda of a future meeting during the last item on the agenda.

2. Approval of Commission Minutes

3-7. 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.

3. Adoption of Updated Form 803, Behested Payment Report, Instructions. Staff: Chloe Hackert, Manager, Education & External Affairs Unit, Legal Division. Staff presents updated Form 803 instructions as a result of recent legislation. The Commission will consider the updated form instructions for adoption.

Mass Mailings at Public Expense

4. In the Matter of County of Los Angeles County Fire Department; FPPC No. 21/292. Staff: Alex Rose, Senior Commission Counsel and Paul Rasey, Special Investigator. Respondent is represented by Gary Winuk of Kaufman Legal Group, APC. The Los Angeles County Fire Department sent prohibited campaign-related mass mailings at public expense, in violation of Government Code Section 89001 (1 count), failed to include the proper advertising disclosures on mailers and other advertisements, in violation of Government Code Sections 84502, 84504.1, 84504.2, 84504.3, and 84504.6 (5 counts), failed to timely file a semi-annual campaign statement, in violation of Government Code Section 84200, subdivision (b) (1 count), failed to timely file five 24-Hour Reports, in violation of Government Code Section 84204 (5 counts), and failed to timely report an independent expenditure on the semi-annual campaign statement, in violation of Government Code Section 84200, subdivision (b) (5 counts). Total Proposed Penalty: $85,000.

5. In the Matter of John Valdivia; FPPC No. 22/396. Staff: Theresa Gilbertson, Attorney Supervisor and Paul Rasey, Special Investigator. In 2021, John Valdivia, in his capacity as Mayor for the City of San Bernardino, caused a mass mailing paid for at public expense and distributed to about 2,000 people that featured Valdivia’s name and office, in violation of Government Code Sections 89001 and 89002 (1 count). Total Proposed Penalty: $3,500.

Campaign Late Reporter

6. In the Matter of James “Barrett” Reed, Jennifer Cooper, Monica Intaglietta, and Reed for Santa Barbara City Council 2021; FPPC No. 21/965. Staff: Kevin Cornwall, Senior Commission Counsel. James “Barrett” Reed was an unsuccessful candidate for the Santa Barbara City Council in 2021. Reed for Santa Barbara City Council 2021 was his candidate-controlled committee. Jennifer Cooper and Monica Intaglietta served as the committee’s treasurer and assistant treasurer, respectively. Respondents failed to timely disclose the responsible officer for contributions received from LLCs, in violation of Government Code Section 84211 (1 count). Total Proposed Penalty: $1,000.

Revolving Door

7. In the Matter of Antonia Jimenez; FPPC No. 22/673. Staff: Alex Rose, Senior Commission Counsel and Roone Petersen, Special Investigator. Antonia Jimenez was the County of Los Angeles Department of Public Social Services Director. Jimenez violated the Act by making and/or participating in making a governmental decision on or about January 20, 2022, regarding a pitch proposal between the County of Los Angeles and Accenture, a company that was a prospective employer to Jimenez, in violation of Government Code Section 87407 (1 count). Total Proposed Penalty: $3,000.

8. Pre-Notice Default

8. In the Matter of Robert Scharffenberg; FPPC No. 24/787. Staff: Kristin E. Goulet, Commission Counsel. Robert Scharffenberg, a Physician and Surgeon for the California Correctional Health Care Services, failed to timely file a 2021, 2022, 2023, and 2024 Annual Statement of Economic Interests, in violation of Government Code Section 87300 (4 counts). Total Proposed Penalty: $18,000.

9-13. General Items

9. Prenotice Discussion of Proposed Adoption of Regulation 18450.12 and Amendments to Regulation 18401, AI use in Campaign Advertisement Disclosure and Related Recordkeeping. Staff: Zachary Norton, Senior Commission Counsel. Staff proposes adoption of Regulation 18450.12 to add language clarifying the circumstances under which disclosure is required in campaign advisements that have been created or modified using AI, as well as amendments to Regulation 18401 to make explicit that recordkeeping requirements extend to all committee advertisements, and includes a requirement to maintain copies of any original versions of materials used to create advertisements that have been modified using AI. The proposed amendments are presented for pre-notice discussion and feedback, with potential adoption to occur at the June Commission meeting.

10. Prenotice Discussion of Proposed Adoption of Regulation 18420.5, Permitting Combined Campaign Reports. Staff: Jenna Rinehart, Senior Commission Counsel. Staff proposes adoption of Regulation 18420.5 to clarify the circumstances in which candidates and committees are permitted to file combined campaign reports. The proposed regulation is presented for pre-notice discussion and feedback, with potential adoption to occur at the August Commission meeting.

11. Legislative Update. Staff: Lindsey Nakano, Senior FPPC Legislative Counsel. The Commission will review and discuss potential sponsored and other legislation. The Commission may provide direction to staff regarding the same.

  • Legislative Update

12. Executive Staff Reports.
Enforcement Division. Kendall L.D. Bonebrake, Chief.
Audits and Assistance Division. Shrdha Shah, Chief.
Legal Division. Dave Bainbridge, General Counsel.
Administration and Technology Division. Jue Wang, PhD, Chief.
Executive Director Update. Galena West, Executive Director.

13. 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 3050, 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 https://mediasite.fppc.ca.gov/.

The agenda and related documents are posted on the FPPC website. 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 (669) 444-9171; meeting ID 9856036268; 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.