BILL ANALYSIS �
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Lou Correa, Chair
BILL NO: SB 415 HEARING DATE:
5/3/11
AUTHOR: WRIGHT ANALYSIS BY:
Darren Chesin
AMENDED: AS INTRODUCED
FISCAL: YES
SUBJECT
FPPC investigations
DESCRIPTION
Existing law establishes the Fair Political Practices
Commission (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
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 would require 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
FPPC Enforcement . 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.
COMMENTS
1. According to the author , 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.
SB 415 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.
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2. FPPC Policy . Throughout recent years, the FPPC's
policy regarding notification of complaints and/or
acknowledgement of ongoing investigations has
occasionally reversed course depending on the
philosophies of the membership and leadership of the
Commission itself. According to its staff, the FPPC
will have a regulation that is similar in intent to this
bill up for consideration at its June hearing.
POSITIONS
Sponsor: Author
Support: None received
Oppose: Association of California Water Agencies
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