BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 415|
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THIRD READING
Bill No: SB 415
Author: Wright (D)
Amended: As introduced
Vote: 27
SENATE ELECTIONS & C. A. COMMITTEE : 5-0, 5/3/11
AYES: Correa, La Malfa, De León, Gaines, Lieu
SUBJECT : Political Reform Act: investigations
SOURCE : Author
DIGEST : This bill requires the Fair Political Practices
Commission (FPPC) to notify any person who is the subject
of an investigation by the FPPC of the investigation at
least 24 hours before the FPPC makes any information
regarding the investigation available to the public.
ANALYSIS : Existing law establishes the FPPC to enforce
the provisions of the Political Reform Act (PRA). The FPPC
is charged with the responsibility to investigate, upon the
sworn complaint of any person or upon its own initiative,
possible violations of the PRA relating to any agency,
official, election, lobbyist, or legislative or
administrative action.
Existing law provides that within 14 days after receipt of
a complaint the FPPC shall notify in writing the person who
made the complaint of the action, if any, the FPPC has
taken or plans to take on the complaint, together with the
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reasons for such action or nonaction. If no decision has
been made within 14 days, the person who made the complaint
shall be notified of the reasons for the delay and shall
subsequently receive notification as provided above. The
law requires this notice to the person that made the
complaint but does not require notification of the
individual who is the subject of the complaint.
This bill requires the FPPC to notify any person who is the
subject of an investigation of that investigation at least
24 hours before the FPPC makes any information regarding
the investigation available to the public.
Background
The FPPC has authority to investigate and administratively
prosecute violations of the PRA and resolves enforcement
cases through warning, advisory or closure letters,
administrative fines, and civil lawsuits.
According to the FPPC, a matter will be fully investigated
when there is sufficient information to believe that a
violation of the PRA has occurred. Information regarding
potential violations come from citizen complaints,
referrals from other governmental agencies, media reports,
audit findings or may be identified internally. When
sufficient evidence exists to prove a violation, the FPPC's
Enforcement Division will bring a prosecution action to the
Commission, or may issue a warning letter, depending upon
the facts of the case and the public harm caused. If the
evidence is insufficient to warrant prosecution, a case may
be closed with an Advisory Letter or without violation.
The Enforcement Division also operates a campaign audit
program of both mandatory and discretionary audits.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/17/11)
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OPPOSITION : (Verified 5/17/11)
Association of California Water Agencies
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ARGUMENTS IN SUPPORT : According to the author's office,
a person who is subject to an FPPC investigation is not
given notice of the actual charges before the general
public. When a person has not been directly notified it
increases the likelihood for confusion and
miscommunication. If the person has not heard the correct
charges they cannot accurately respond to them. It is an
issue of fairness for the person to be aware of the charges
before being questioned by the public. This bill requires
the FPPC to notify any person who is the subject of an
investigation by the FPPC of the investigation at least 24
hours before they make any information regarding the
investigation available to the public. This will in no way
affect the outcome of the investigation or impede the
public's right to information but will simply give the
person knowledge of, and time to prepare a response to, the
actual charges. This bill does not force the FPPC to
reveal anything to the person subject to the complaint
unless they already have the intent to release the
information to the public.
ARGUMENTS IN OPPOSITION : The Association of California
Water Agencies states: "SB 415 would require the Fair
Political Practices Commission (FPPC) to notify any person
who is the subject of an investigation by the FPPC of an
investigation at least 24 hours before the commission makes
any information regarding the investigation available to
the public. At a time when the public is demanding more
accountability from government, the state should not be
seen as granting favors to those accused of official
misconduct by the FPPC."
DLW:mw 5/17/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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