August 2022 Agenda

NOTICE AND AGENDA

Commission Meeting

Fair Political Practices Commission

1102 Q Street, Suite 3800
Sacramento, CA 95811

Thursday, August 18, 2022
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. 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. To participate in real time, visit http://mediasite.fppc.ca.gov/ or call (877) 411-9748; access code 723284.

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.

Richard C. Miadich, Chair

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. 

July 2022 Minutes

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.

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3. In the Matter of Committee for a Strong Siskiyou Economy, No on Measure H Sponsored by Crystal Geyser Water Company, Kelly Lawler, Jill Harris, and Crystal Geyser Water Company; FPPC No. 17/123. Staff: Theresa Gilbertson, Senior Commission Counsel and Ann Flaherty, Special Investigator. Respondent Committee and Kelly Lawler were represented by Steve Churchwell of Buchalter Law Firm. Respondent Jill Harris and Crystal Geyser Water Company were represented by Nicholas Sanders, and Jim Sutton of the Sutton Law Firm. Committee for a Strong Siskiyou Economy, No on Measure H Sponsored by Crystal Geyser Water Company was a primarily formed ballot measure committee active in Siskiyou County during the 2016 General Election. Kelly Lawler served as the treasurer. Jill Harris served as a principal officer. Crystal Geyser Water Company was the sponsor of the Committee. Respondents Committee and Harris failed to include an accurate disclosure statement on mass mailings and advertisements, in violation of Government Code Sections 84106, 84504, subdivision (c), and 84305 (1 count). Respondents Committee and Lawler failed to accurately disclose activity on campaign statements and failed to timely file 24-Hour Reports, in violation of Government Code Sections 84211 and 84203 (3 counts). Crystal Geyser Water Company, qualifying as a major donor, failed to timely file a campaign statement and failed to timely file 24-Hour Reports, in violation of Government Code Sections 84200 (1 count) and 84203 (1 count). Total Proposed Penalty: $67,508.

Committee for a Strong Siskiyou Economy - Stip

Default Proceedings
Default Proceedings Requesting Commission Action

4. In the Matter of Isaac Galvan, and Galvan for Compton City Council 2013/2017; FPPC Case No. 16/207. Staff: Neal Bucknell, Senior Commission Counsel and Soni Mangat, Program Specialist II. Galvan first was elected to the Compton City Council, District 2, in June 2013. He was re-elected in April 2017. In 2021, he was re-elected again, and he remained in office until May 2022 when his 2021 re-election was invalidated. Galvan for Compton City Council 2013/2017 was Galvan’s candidate-controlled committee. Galvan served as the Committee’s treasurer. Galvan and the Committee failed to timely file semi-annual and pre-election campaign statements, in violation of Government Code Sections 84200, 84200.5, and 84200.8 (13 counts); failed to properly report committee activity on campaign statements, in violation of Government Code Section 84211 (6 counts); failed to timely file 24-Hour Reports, in violation of Government Code Section 84203 (8 counts); accepted a money order of $100 or more, in violation of Government Code Section 84300, subdivision (a) (1 count); made unlawful cash expenditures of campaign funds, in violation of Government Code Section 84300, subdivision (b) (4 counts); and failed to keep required committee records, in violation of Government Code Section 84104 and Regulation 18401 (4 counts). Also, Galvan unlawfully used campaign funds for personal purposes, in violation of Government Code Sections 89510, subdivision (b), 89512, 89513, and 89517 (17 counts). Total Proposed Penalty: $240,000.

Galvan - Default

5. Prenotice Discussion of Proposed Amendments to Regulation 18410 Requiring Disclosure of All Individuals Authorized to Access a Committee’s Bank Records. Staff: Katelyn Greene, Commission Counsel. Staff presents proposed amendments to Regulation 18410 to require a committee to disclose on a Statement of Organization (Form 410) the names of all individuals who have authorization to access and obtain the committee’s bank account records from the financial institution where the account is maintained. The proposed regulation amendments are presented for discussion and direction by the Commission and will be presented for adoption at a subsequent meeting.

Staff Memo
Proposed Amendments to Regulation 18410
Current Form 410

Comment Letter - Emily Andrews, CPAA

6. Prenotice Discussion of Proposed Amendments to Regulation 18531.5, Recall Elections. Staff: Erika M. Boyd, Senior Commission Counsel. Staff presents proposed amendments to Regulation 18531.5 regarding recall elections. The proposed amendments are presented for discussion and direction by the Commission and will be presented for adoption at a subsequent meeting.

Staff Memo
Proposed Amendments to Regulation 18531.5

7. Prenotice Discussion of Proposed Regulation 18400. Treasurer, Assistant Treasurer, Responsible Officer, and Principal Officer Competency. Staff: Karen Harrison, Senior Commission Counsel. Staff presents proposed Regulation 18400 to prohibit a minor from serving in the role of a campaign committee treasurer or assistant treasurer or serving as a responsible officer or principal officer. The proposed regulation is presented for discussion and direction by the Commission and will be presented for adoption at a subsequent meeting.

Staff Memo
Proposed Regulation 18400

8. Update on Political Reform Education Program (PREP). Staff: Chloe Hackert, Manager, Education and External Affairs.

9. Committee Updates.
Law and Policy Committee Meeting Update.

10. Legislative Update. Staff: Lindsey Nakano, Senior Legislative Counsel. The Commission will review and discuss potential sponsored and other legislation. The Commission will provide direction on future legislation to be sought by the agency.

Legislative Update

Comment Letter - Assemblymember Luz Rivas

11. Executive Staff Reports.
Enforcement Division. Angela Brereton, Chief.
Audits and Assistance Division. Shrdha Shah, Chief.
Legal Division. David Bainbridge, General Counsel.
Administration and Technology Division. Loressa Hon, Chief.
Executive Director Update. Galena West, Executive Director.

Executive Staff Report
PowerPoint Presentation

12. 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).) 

^[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.