New-Law-and-Fair-Political-Practices-Commission

Presented by Lynda Cassady
Fair Political Practices Commission
December, 2014
CAMPAIGN
REPORTING
CAMPAIGN
ADS
SEI/FORM
700
GOVT CODE
1090
CONFLICT
OF
INTEREST
Legal advice@fppc.ca.gov
Legal advice@fppc.ca.gov
AGENCY
PAYMENTS
TICKETS
TRAVEL &
CHARITY
EVENTS
REVOLVING
DOOR
Legal advice@fppc.ca.gov
STATE
LOBBYING
AGENCY‘S
MASS
MAILINGS
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New Chair…
Jodi Remke
Dixie Howard Retired Webinar Training
Free online campaign training posted on website
View FPPC Commission Meetings‐YouTube
Trending Among Friends
“Top 10 Contributors” on the FPPC Website
The FPPC posts the top 10 contributors to state ballot measure committees and state primary formed committees that raise $1 million or more. Smart Disclosure!
2014/15 Form 700
SEI Gift Tracking
Mobile App
State Lobbyists & Lobbying Firms may not The app is for California state and local officials & employees who are required to file form 700
host fundraisers for state officials they lobby. Posted in January on FPPC website!
Clerks will all be e‐mailed the Form 700, factsheet & newsletter.
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•
•
•
•
•
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Email Advice:
10,000 +
Telephone Advice:
11,000 +
Webinar/Seminar
50+
SEIs on website:
4,000 posted annually
Form 700s:
25,000 administered
Staff:
20!
annually
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Complete Campaign Manuals.
Increase the number of
webinars posted on the FPPC
website
Prepare a Candidate Toolkit—
Designed for local candidates.
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Campaign 2014
Form 700
Form 800 series
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• $50 Committee Fee to SOS
• Defeated candidates that filed a
Form 470 have no further filing
requirements
• January 31, 2015: Most
committees must file a Form
460
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 Local agencies may approve ordinances
permitting/requiring electronic filing of
campaign statements
 Redaction requirements for mandated
internet postings
 Paper filings not required
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• Restriction on Surplus funds is triggered 90
days after leaving office or post election
period, whichever is last. Nov Election:
March 31st. (AB 800)
• Paid Spokesperson Reporting: Payments of
any amount for certain individuals to
appear in a ballot measure ad. Specific
disclosure statements must be made if an
individual does not represent the
occupation portrayed in the ad. (AB 510)
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• Prohibits campaign funds:
- to pay for restitution fines. (AB 1666)
- to pay fines assessed because a candidate made campaign
expenditures for his/her personal benefit. (AB 1692)
• Prohibits Spousal payments of Campaign Funds
- prohibits a spouse/partner of an elected officer or a
candidate for elective office from receiving compensation in
exchange for any services rendered from campaign funds held
by a controlled committee of the officer or candidate.
(AB 2320 (Fong) – Chapter 902, Statutes of 2014, effective January 1, 2015.)
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• Effective July 2014 legislation changed
the manner in which multi-purpose
organizations must report political
payments and the sources of their funds.
• FPPC prepared a fact sheet and is in the
process of updating its manuals.
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• Candidate committees must include
specific information on the Form 460 when
the campaign committee pays for gifts,
meals and travel.
• Example: Candidate and staff have a
meeting at a Sandy’s restaurant. Form 460
must show in the description:
1/10/14; 4 attended. Candidate/consultant
discussed media campaign
See Campaign FAQs
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Mass mailings and emails must
have “paid for
by…candidate/committee
name.”
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• Re-election: Incumbents must file Form
501 and, if using existing committee,
amend Form 410 to indicate current
election and change committee name
• Committee Name: Candidate’s name,
office and year. Committee to Elect Sandy
Johnson City Council 2015
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90-day Report
•Form 497: 24 hrs. reporting
•Contributions received on
Fri/Sat can be reported on
Monday; unless it is the
weekend before the election.
•Form 496: “IEs” No
weekend rule.
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Only minor clarifying changes to the
instructions
Gift Limit is $460 for calendar
year 2015 and 2016
Reminders
Councilmembers who are reelected or
planning commissioners elected to city
council continue to file annuals – NO
Assuming Office or Leaving Office statements
required.
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• In 2014 and 2015 the FPPC Enforcement
Division pursued over 500 cases of local public
officials that did not properly report gifts of
meals and entertainment.
• FPPC’s website has an easy to follow FAQ on
common reporting issues.
• Remind public officials of the FPPC gift app—this
free app can help officials track gift reporting.
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Review list and submit signed
notice to FPPC
Forward assuming and
leaving office statements to
FPPC during the year
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Project Status
• As an information technology project of a State agency, the
Form 700 electronic filing system must be reviewed and
approved by the California Department of Technology.
• The Department has a mandatory project approval
process, which is to ensure projects are undertaken with
clear business objectives, accurate costs and realistic
schedules. The project approval process has several stages.
• The Commission is in the process of working through the
Department of Technology’s approval process and the
Legislature’s funding process.
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AGENCY
FPPC
• Form 801: Travel
Y
Y
• Form 802: Tickets
N
Y
• Form 803: Charity
N
N
• Form 804: New staff
N
N
• Form 805:
Consultant
N
N
• Form 806:
Appointments Y
N
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•
Discloses payments made to your agency
when the payments provide a personal
benefit to an agency official.
•
Payments must be used for official
agency business and must meet other
requirements in Regulation 18944.
•
Forward Form 801 to FPPC within 30
days after a calendar quarter if $2500 in
payments are reportable. Travel only.
Must be posted on the agency’s website.
Keep log of forms and maintain original
for four years.
•
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• Regulation 18944.1
• Copies of completed forms
are emailed to the FPPC.
• FPPC posts on its website.
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• Used to disclose payments of
$5,000 or more made in
coordination with your
elected officials for
legislative, governmental, or
charitable purposes.
• Elected official’s agency
must receive Form 803
within 30 days of the date
the payment is made.
• Not triggered for payments
that are for personal or
campaign purposes.
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Form 804 – New Positions
• Identifies newly budgeted
positions that make or participate
in making governmental
decisions. (Regulations 18702.1
and 18702.2)
• Identifies level of disclosure.
• Persons in newly created
positions must file Form 700
within 30 days of assuming office.
• Form 804 maintained at your
agency in same manner as your
conflict-of-interest code.
• Form 804 recommended as it
promotes uniform reporting
among agencies.
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Form 805 – Consultants
•
Identifies consultants that will
make or participate in making
governmental decisions on
behalf of the agency.
•
Consultant must file a Form
700 within 30 days of
assuming office.
•
Disclosure requirements
should conform to the range of
duties.
• Alternatively, the agency must require filing under the broadest
disclosure category or, if the agency does not have a conflict-ofinterest code, full disclosure.
• Form 805 is recommended as it promotes uniform reporting among
agencies. It is maintained at your agency in the same manner as
your conflict-of-interest code.
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• Report compensation of
$250 or more prior to
officials voting to appoint
themselves to serve on
other agencies.
• Must be posted on your
agency’s website.
• Form 806 updated as
necessary.
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Ways to Keep in Touch!
Contact your FPPC Filing Officers:
• Tina Nezrab – Cities A-M
• Sonia Rangel – Cities N-Z
• Gail Perry – Counties &
Multi-Counties
Visit the FPPC’s website to:
• Request advice
• RSVP for a seminar
• Sign up for e-mail
communications
• Request an outreach
********
Email for advice: advice@fppc.ca.gov
Sign up for emails of forms, meetings: website: fppc.ca.gov
“Friend” us on Facebook: CA@fppc
Follow us on Twitter https://twitter.com/CA_FPPC
END OF PRESENTATION
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