October 19, 2023 Agenda

NOTICE AND AGENDA

Commission Meeting

Fair Political Practices Commission

Fresno State University
Leon S. Peters Ellipse Gallery
5241 N Maple Ave, Fresno, CA 93740

Thursday, October 19, 2023
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.

The Commission may take action on any item listed on this agenda.     

Richard C. Miadich, Chair

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.

Comment Letter - Political Communications, Inc. 

2. Approval of September 2023 Commission Hearing Minutes.

September 2023 Minutes

Conflict of Interests

3.  In the Matter of Kellie Schneider; FPPC No. 19/1775. Staff: Theresa Gilbertson, Senior Commission Counsel and Lance Hachigian, Special Investigator. Kellie Schneider was a former official at the California Earthquake Authority. In that capacity, Schneider had a conflict of interest under Government Code Section 87100 of the Political Reform Act and Government Code Section 1090 when she participated in and authorized a contract between the California Earthquake Authority and her financial interest, Weidner CA. Total Proposed Penalty: $4,000.

Kellie Schneider Stip.

Mass Mailing Sent at Public Expense

4.  In the Matter of City of Garden Grove, Scott Stiles; FPPC No. 18/1357. Staff: Alex Rose, Commission Counsel and Paul Rasey, Special Investigator. The respondents are represented by Omar Sandoval of the City of Garden Grove. The City of Garden Grove is a local independent expenditure committee. Scott Stiles was the Committee’s principal officer and City Manager. The Committee and Stiles sent prohibited campaign related mailings at public expense, in violation of Government Code Section 89001 (1 count). The Committee and Stiles failed to include proper disclosures on a campaign advertisement; failed to timely file a 24-hour independent expenditure report; and failed to timely file a semi-annual campaign statement, in violation of Government Code Sections 84502, 84504.2, 84204, 84200 (4 counts). Total Proposed Penalty: $18,000.

City of Garden Grove Stip.
Water Bill Stip. 

5. Updates to Campaign Form 410, Statement of Organization. Staff: Chloe Hackert, Education & External Affairs Unit Manager, Legal Division. Staff proposes updates to the Form 410 and its instructions resulting from recent changes in legislation and in Regulation 18410 requiring a committee to disclose the names of those persons authorized to obtain committee bank records on the committee’s Form 410.

Staff Memo
Form 410
Comment Letter - Bell, McAndrews & Hiltachk
Comment Letter – CPAA
Comment Letter - Cal Bank Trust 
Comment Letter- Campaign Compliance Group
Comment Letter - Compass Legal Group
Comment Letter - Five Star Bank
Comment Letter - First Foundation Bank
Comment Letter- Jensen Lawyers
Comment Letter- Law Office of Andreas C. Rock
Comment Letter - Law Office of Russell H. Miller
Comment Letter- Manatt, Phelps & Phillips
Comment Letter - S.E Owens & Company 

6. Update on Section 84308 (Levine Act) advice and educational efforts since the enactment of SB 1439 and adoption of amended regulations. Staff: Dave Bainbridge, General Counsel.

Staff Memo

7. Adoption: Proposed Regulation 18318, Collections. Executive Director’s Authority for the Settlement of an Order for Monetary Penalties. Staff: Karen Harrison, Senior Commission Counsel. Proposed Regulation 18318 delegates the Commission’s authority to the Executive Director to settle an order for monetary penalties for a lesser sum, establishes a process, and provides the factors for consideration to determine when a settlement is warranted. The regulation requires the Executive Director to describe the factors justifying the action in the settlement agreement and to report executed settlements to the Commission. Proposed Regulation 18318 is presented for adoption by the Commission.

Staff Memo
Proposed Amendments Regulation 18318

8.  Legislative Update. Staff: Lindsey Nakano, Senior FPPC 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

9.  Executive Staff Reports.

Enforcement Division. James M. Lindsay, 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

10. 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 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 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.