FPPC Hearing Summary, December 19, 2019

FOR IMMEDIATE RELEASE                            

December 19, 2019


Jay Wierenga, FPPC

(916) 322-7761      

.pdf version of hearing summary                                      

Below is a summary of the actions of the Fair Political Practices Commission during its monthly hearing. The meeting agenda can be found on our website at www.fppc.ca.gov

Roll: Chair Miadich and Commissioners Cardenas, Hatch, Hayward, and Wilson were in attendance.

Item 2: Minutes from November 21, 2019 Commission Hearing. Approved 5-0.

Item 3: Minutes from November 22, 2019 Commission Hearing. Approved 5-0.

Items 4 and 6: Enforcement Actions. Approved 5-0.

Item 5: Enforcement Actions. Approved 3-0. Commissioner Hatch and Chair Miadich both recused themselves from item 5.

Item 7: Notice of Default Decision. Information item.

Item 8: Assignment of Hearing to Administrative Law Judge (ALJ): In the Matter of Lloyd A. Johnson for West Covina City Council 2015, Lloyd Johnson, and John Shewmaker; FPPC No. 15/2076. The Matter will move forward to an ALJ.

Item 9: Regulation Projects and Schedule for 2020. Motion to bring back information on limited liability companies and return of excessive contributions for future regulations in February and accept the projected regulations. Approved 5-0.

Item 10: Amendment of Regulation 18702.4—Materiality Standard: Financial Interest in Source of Gift. Approved 5-0.

Item 11: Repeal and Adoption of Regulation 18702.5. – Materiality Standard: Financial Interest in an Official’s Personal Finances. Approved 5-0.

Item 12: Governance Regulations. Motion to repeal existing Governance Regulations and adopt the proposed and amended regulations as internal rules. Approved 3-2. Motion to amend the motion as a package brought before the Commission before any decision is made. Motion failed 2-3.

Item 13: Update on Task Force to Study Best Practices for Regulating Campaign Activity on Digital Media. Information item.

Item 14: Commissioner Manual Review.

  • Motion to reinsert the ban on federal contributions. Approved 4-0.
  • Motion to send a copy of Commissioner Cardenas’ memo to the Attorney General’s office. Approved 5-0.
  • Motion to use the language provided by Legal Division stating Commissioners must check with the Chair and/or Executive Director and/or General Counsel before accepting honoraria. Approved 4-1.
  • Motion to amend the motion to read “check with General Counsel”. Motion failed without a second.
  • Motion to change language from “should” to “must” in the original motion. Approved 3-2.
  • Motion to direct staff to produce language requiring commissioners to disclose the name of persons with who the commissioner had an ex-parte communication on an agenda item before the vote. Approved 5-0.
  • Motion to direct staff to produce language to prohibit cell phone use while on the dais. Approved 5-0.
  • Motion to direct staff to produce language that commissioners may only use FPPC email and FPPC issued laptop for official FPPC business. Approved 5-0.
  • Motion to require timesheets and reimbursements to be submitted no later than 30 days after the last day of the month that the claim is for. Approved 5-0.

Item 15: Committee Updates. Motion to remove Commissioner Hatch from the Law & Policy Committee and to have Commissioner Hayward take that role. Approved 5-0. Motion to recognize Commissioner Cardenas as the chair of the Budget & Staffing Committee. Approved 5-0.

Item 16: Legislative Development. Motion to go to Legislative Counsel with all 15 legislative proposals as unbacked bills to look at in January. Motion failed without a second. Motion to direct staff to undertake feasibility study to make some investigators limited peace officers.  Approved 5-0. The Commission discussed their priorities for the Legislative Director to have drafted by Legislative Counsel.

Item 17: Advice Letter Report. Accepted as submitted.

Item 18: Executive Staff Reports. Accepted as submitted.

Item 19: Commissioner Comments and Proposed Future Agenda Items.