California Fair Political Practices Commission
Encyclopedia
SUMMARY
The California Fair Political Practices Commission is the government body that enforces political campaign, lobbying, and conflict of interest laws in the state of California
, similar to what the Federal Elections Commission does at the federal level. It was established in 1974 by the Political Reform Act, a ballot initiative passed by California voters as Proposition 9.
The FPPC educates the public and public officials on the requirements of the Act. It provides written and oral advice to public agencies and officials; conducts seminars and training sessions; develops forms, manuals and instructions; and receives and files statements of economic interests from many state and local officials.
The FPPC investigates alleged violations of the Political Reform Act, imposes penalties when appropriate, and assists state and local agencies in developing and enforcing conflict-of-interest codes.
Its first chair was Daniel H. Lowenstein.
MISSION
The Mission of the California Fair Political Practices Commission (“FPPC”) is to promote the integrity of representative state and local government in California through fair, impartial interpretation and enforcement of political campaign, lobbying, and conflict of interest laws.
The FPPC educates the public and public officials on the requirements of the Act. It provides written and oral advice to public agencies and officials; conducts seminars and training sessions; develops forms, manuals and instructions; and receives and files statements of economic interests from many state and local officials.
The FPPC investigates alleged violations of the Political Reform Act, imposes penalties when appropriate, and assists state and local agencies in developing and enforcing conflict-of-interest codes.
The FPPC regulates:
1) campaign financing and spending;
2) financial conflicts of interest;
3) lobbyist registration and reporting;
4) post-governmental employment;
5) mass mailings at public expense; and
6) gifts and honoraria given to public officials and candidates.
The FPPC is a semi-independent state body that operates within the normal state budget.
ORIGIN
The Fair Political Practices Commission was created by the Political Reform Act of 1974, a ballot initiative passed by California voters as Proposition 9. Until California voters imposed a revolutionary ballot initiative measure on the state's political arena, laws governing the conduct of public officials and campaign committees were few, weak and largely ignored. Then in 1974, voters overwhelmingly passed Proposition 9, giving birth to the Political Reform Act and a new, independent agency to administer, interpret and enforce its provisions. The FPPC and that landmark law have served as a model for the nation and the democratic world ever since.
The Political Reform Act Of 1974
Approved overwhelmingly by voters in 1974, Proposition 9 created the Political Reform Act. The Act, updated through amendments, is still in use today. The Act is interpreted by way of The California Code of Regulations ("CCR"), the official compilation and publication of the regulations adopted, amended or repealed by state agencies. FPPC Regulations relevant to the interpretation of the Act are found under Title 2, Division 6, Sections 18109-18997, of the CCR. The Act and most current regulations are maintained in state record and are available on the
The purpose of the Act was to assure that:
1) State and local government serve all citizens equally, without regard to status or wealth;
2) Public officials perform their duties impartially, without bias because of personal financial interests or the interests of financial supporters;
3) Public officials disclose income and assets that could be affected by official actions and disqualify themselves from participating in decisions when they have conflicts of interest;
4) Election campaign receipts and expenditures are fully and truthfully disclosed so voters are informed and improper practices are inhibited;
5) Elections are fair;
6) No laws or practices favor incumbents;
7) The state ballot pamphlet gives useful information about state measures so voters can be less dependent on paid advertising for information;
8) The activity of those who lobby the state legislature is regulated and finances disclosed to prevent improper influence on public officials; and
9) Public officials and private citizens are given the means to vigorously enforce political reforms.
COMPOSITION
The Fair Political Practices Commission is a bi-partisan (and in practice, a non-partisanfact
) independent body of five members which oversees a staff of 80 in administration, technical assistance, legal and enforcement divisions. Two commissioners are appointed by the governor: the commission chair, and one other member who must be a registered voter of another political party. The secretary of state, the attorney general and the state controller each appoint one commissioner. If all three of the constitutional officials are members of the same political party, the state controller selects the new commissioner from a list provided by another political party. The commission meets each month to hear public testimony, issue opinions, adopt regulations and decide penalties for violations of the Act. Each member serves a single four-year term. The chairman is salaried and serves full-time. The other four commissioners are part-time and paid a $100 per diem for each meeting.
Day to day administration of the Commission is supervised by the Commission Chair and assisted by the Executive Director. The Executive Director largely manages staff responsible for administration of the FPPC mission. This staff includes teams of Political Reform Consultants and Commission Counsel who serve in an advisory capacity to both legislators in modifying the Act and to provide opinions to individuals and groups with responsibilities under the Act. Additionally, there is an Enforcement Division, composed of Commission Enforcement Counsel, Political Reform Consultants, and Special Investigators who perform independent audits and responds to allegations reported to the Commission by other state agencies and citizens. The Enforcement Division acts somewhat independently, through the Executive Director, in order to prevent possible conflicts from arising when the Commission Chair is asked to rule over decisions before the board originating from the Enforcement Division.
REQUEST FOR ADVICE
If you have any questions concerning obligations under the Political Reform Act, you may seek advice from the FPPC. Reliance on the written advice, where all relevant facts pertaining to the case were truthfully disclosed, also serves as evidence of good faith conduct in any civil or criminal proceedings based on the same charges.
You may write or call the FPPC:
Fair Political Practices Commission
428 J Street, Suite 620
Sacramento, California 95814
866.275.3772
The California Fair Political Practices Commission is the government body that enforces political campaign, lobbying, and conflict of interest laws in the state of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, similar to what the Federal Elections Commission does at the federal level. It was established in 1974 by the Political Reform Act, a ballot initiative passed by California voters as Proposition 9.
The FPPC educates the public and public officials on the requirements of the Act. It provides written and oral advice to public agencies and officials; conducts seminars and training sessions; develops forms, manuals and instructions; and receives and files statements of economic interests from many state and local officials.
The FPPC investigates alleged violations of the Political Reform Act, imposes penalties when appropriate, and assists state and local agencies in developing and enforcing conflict-of-interest codes.
Its first chair was Daniel H. Lowenstein.
MISSION
The Mission of the California Fair Political Practices Commission (“FPPC”) is to promote the integrity of representative state and local government in California through fair, impartial interpretation and enforcement of political campaign, lobbying, and conflict of interest laws.
The FPPC educates the public and public officials on the requirements of the Act. It provides written and oral advice to public agencies and officials; conducts seminars and training sessions; develops forms, manuals and instructions; and receives and files statements of economic interests from many state and local officials.
The FPPC investigates alleged violations of the Political Reform Act, imposes penalties when appropriate, and assists state and local agencies in developing and enforcing conflict-of-interest codes.
The FPPC regulates:
1) campaign financing and spending;
2) financial conflicts of interest;
3) lobbyist registration and reporting;
4) post-governmental employment;
5) mass mailings at public expense; and
6) gifts and honoraria given to public officials and candidates.
The FPPC is a semi-independent state body that operates within the normal state budget.
ORIGIN
The Fair Political Practices Commission was created by the Political Reform Act of 1974, a ballot initiative passed by California voters as Proposition 9. Until California voters imposed a revolutionary ballot initiative measure on the state's political arena, laws governing the conduct of public officials and campaign committees were few, weak and largely ignored. Then in 1974, voters overwhelmingly passed Proposition 9, giving birth to the Political Reform Act and a new, independent agency to administer, interpret and enforce its provisions. The FPPC and that landmark law have served as a model for the nation and the democratic world ever since.
The Political Reform Act Of 1974
Approved overwhelmingly by voters in 1974, Proposition 9 created the Political Reform Act. The Act, updated through amendments, is still in use today. The Act is interpreted by way of The California Code of Regulations ("CCR"), the official compilation and publication of the regulations adopted, amended or repealed by state agencies. FPPC Regulations relevant to the interpretation of the Act are found under Title 2, Division 6, Sections 18109-18997, of the CCR. The Act and most current regulations are maintained in state record and are available on the
The purpose of the Act was to assure that:
1) State and local government serve all citizens equally, without regard to status or wealth;
2) Public officials perform their duties impartially, without bias because of personal financial interests or the interests of financial supporters;
3) Public officials disclose income and assets that could be affected by official actions and disqualify themselves from participating in decisions when they have conflicts of interest;
4) Election campaign receipts and expenditures are fully and truthfully disclosed so voters are informed and improper practices are inhibited;
5) Elections are fair;
6) No laws or practices favor incumbents;
7) The state ballot pamphlet gives useful information about state measures so voters can be less dependent on paid advertising for information;
8) The activity of those who lobby the state legislature is regulated and finances disclosed to prevent improper influence on public officials; and
9) Public officials and private citizens are given the means to vigorously enforce political reforms.
COMPOSITION
The Fair Political Practices Commission is a bi-partisan (and in practice, a non-partisanfact
Fact
A fact is something that has really occurred or is actually the case. The usual test for a statement of fact is verifiability, that is whether it can be shown to correspond to experience. Standard reference works are often used to check facts...
) independent body of five members which oversees a staff of 80 in administration, technical assistance, legal and enforcement divisions. Two commissioners are appointed by the governor: the commission chair, and one other member who must be a registered voter of another political party. The secretary of state, the attorney general and the state controller each appoint one commissioner. If all three of the constitutional officials are members of the same political party, the state controller selects the new commissioner from a list provided by another political party. The commission meets each month to hear public testimony, issue opinions, adopt regulations and decide penalties for violations of the Act. Each member serves a single four-year term. The chairman is salaried and serves full-time. The other four commissioners are part-time and paid a $100 per diem for each meeting.
Day to day administration of the Commission is supervised by the Commission Chair and assisted by the Executive Director. The Executive Director largely manages staff responsible for administration of the FPPC mission. This staff includes teams of Political Reform Consultants and Commission Counsel who serve in an advisory capacity to both legislators in modifying the Act and to provide opinions to individuals and groups with responsibilities under the Act. Additionally, there is an Enforcement Division, composed of Commission Enforcement Counsel, Political Reform Consultants, and Special Investigators who perform independent audits and responds to allegations reported to the Commission by other state agencies and citizens. The Enforcement Division acts somewhat independently, through the Executive Director, in order to prevent possible conflicts from arising when the Commission Chair is asked to rule over decisions before the board originating from the Enforcement Division.
REQUEST FOR ADVICE
If you have any questions concerning obligations under the Political Reform Act, you may seek advice from the FPPC. Reliance on the written advice, where all relevant facts pertaining to the case were truthfully disclosed, also serves as evidence of good faith conduct in any civil or criminal proceedings based on the same charges.
You may write or call the FPPC:
Fair Political Practices Commission
428 J Street, Suite 620
Sacramento, California 95814
866.275.3772