The Commission will discuss “behested payments” and examine the scenario where a public official’s name is listed on the letterhead of a fundraising letter for a nonprofit organization, but neither the official nor any person on his or her staff acts as an agent to solicit donations on behalf of the official.

The commission will also discuss a proposed regulation regarding the use of text messages to raise funds through low dollar contributions.

Lastly, the commission will be discussing a proposed regulation that would allow terminated committees to receive a refund and legally transfer the refund to a new committee without having to reopen the terminated committee so long as both committees report the transaction.

Pursuant to the city of San Diego’s Election Campaign Control Ordinance, the San Diego Ethics Commission has released the final version of the 2012 Committee Manual.

The manual addresses the recent changes to San Diego’s campaign finance laws and how they will impact each type of committee required to make a report in the 2012 election year.

The U.S. Court of Appeals for the Ninth Circuit has issued an opinion in Thalheimer v. City of San Diego. The Court upheld San Diego’s prohibition on political contributions to candidates, political parties, and political action committees by non-individual entities such as corporations and labor unions.

The district court’s injunction of the prohibition on non-individual entity contributions as it applies to political party contributions to candidates was affirmed.

The Ninth Circuit further upheld San Diego’s law prohibiting contributions to candidates outside of a 12 month pre-election window.

The district court’s decision to preliminarily enjoin a $500 limit on contributions to political committees that make only independent expenditures, which includes contributions by individual and non-individual entities was affirmed.

Assembly Bill 860 would prohibit corporations or labor unions from making contributions to a candidate for elected office. Additionally, this legislation would strengthen the state pay-to-play laws.

The bill would prohibit government contractors from making contributions to an official or candidate who is or would be elected to a position responsible for awarding a government contract to the contributor.

Finally, this bill would also prohibit any employer from using payroll deduction to fund any political activity.

Photo of the California State Capitol by Nikopoley on Wikipedia.

Under Assembly Bill 447, all committees making expenditures or receiving contributions of more than $500 would be required to file quarterly statements.

The legislation would eliminate independent expenditure reports, odd-year committee reports, and certain supplemental pre-election reports. Instead, all officers, candidates, and committees would have one pre-election report due 16 days before an election.

Late contribution reports would still be required within 24 hours of making a contribution near an election.

Photo of the California State Assembly Chamber by Lincolnite on Wikipedia.

Voters overwhelmingly approved an amendment to the city charter placing serious restrictions on the ability of those doing business or seeking to do business with the city to make campaign contributions.

The pay-to-play rule, which passed with a vote of 75 percent in favor, will prohibit anyone bidding on a contract with Los Angeles worth $100,000 or more from donating to or fundraising for city officials with the authority to approve the contract on which he or she is bidding.

Photo of Los Angeles City Hall by Brion VIBBER on Wikipedia.

Ms. Ravel is the commission’s first chairwoman and has an established career in public service. She has served as counsel for Santa Clara County and most recently with the U.S. Justice Department.

Ravel has indicated she may reverse the recently enacted policy of publishing allegations on the FPPC’s website before investigations are concluded out of consideration for politicians and others who may be wrongfully accused of an infraction and later cleared.

Ms. Ravel replaces Dan Schnur, a Schwarzenegger appointee, atop the commission.

Photo of Ann Ravel courtesy of the Santa Clara County website.

Directors of the California Public Employees’ Retirement System (CalPERS) adopted several new ethics proposals. Among the proposals are rules to regulate fee payments to placement agents, who help funds gain access to CalPERS decision makers, and rules to ensure the same staff members who negotiate investment deals do not monitor their success.

Additionally, the directors approved a requirement for investment partners to hold meetings in modest office settings instead of vacation resorts. The directors postponed decisions on proposals to reduce or eliminate travel, gifts, and other accommodations outside investment firms provide board members, and to impose a two-year “revolving door” ban on certain CalPERS employees.

These regulations being put in place are in line with legislation taking effect earlier this year requiring placement agents to register as lobbyists and regulating how the agents are paid.

Photo of CalPERS headquarters by Coolcaesar on Wikipedia.

Starting July 1, those in Orange County, California who are seeking to influence county government will be required to register with the Board of Supervisors. Under the new law, county lobbyists must register within 10 days of commencing lobbying activity and renew these registrations annually.

The registration fee will be $75 for an initial registration and $50 for each annual renewal thereafter. Orange County is the largest municipality in the state without a system for monitoring and disclosing lobbying activity. The regulation does not apply to those lobbying on behalf of nonprofit organizations.

Jim Sedor, editor of News You Can Use, pointed out this article – “Lobbyist for San Manuel Tribe Fined $30,000 by State” from Tuesday’s Riverside Press-Enterprise.

According to the article, lobbyist Frank Molina of Strategic Solutions Advisors was fined $30,000 by the California Fair Political Practices Commission for failing to file lobbying reports. The article states Molina has lobbied for the San Manuel Band of Mission Indians and the Soboba Band of Luiseño Indians, both operating casinos.

News You Can Use is State and Federal Communications’ weekly summary of national news focused on ethics, lobbying, and campaign finance.

City Council has approved a ballot measure proposed by the Los Angeles Ethics Commission creating a ban on pay-to-play contributions.

If passed on March 8, the Charter amendment will prohibit companies bidding on city contracts from giving campaign donations to city candidates.

Companies found in violation of the ban would be barred from doing business with the city for one to four years.

Photo of the Los Angeles financial district by Bobak on Wikipedia.

State senator Lou Correa has introduced a Senate Bill 31, a law laying groundwork to eventually require local government lobbying registration. The law would apply to any municipality applying for a discretionary grant from any state agency or department.

The bill is, at this point, nothing more than an introductory statement but could force the hands of municipalities such as Orange County, who have thus far balked at attempts to regulate lobbying activities.

Similar legislation was voted down last month. If the ordinance passes, anyone who lobbies the county board on behalf of someone else will be required to register annually and report on whose behalf he or she is lobbying. The call for lobbyist disclosure in Orange County comes after a county grand jury issued a report critical of the county supervisors for not having any lobbyist disclosure requirements. Several local political figures have implicitly threatened to have a lobbyist registration law placed on an upcoming ballot if the supervisors do not create it themselves.

Photo of Newport Center skyline and Santa Ana mountains by Brian 1078 on Wikipedia.

The Fair Political Practices Commission passed rules late last week to regulate electronic communications and internet advertisements in the same manner as traditional media. Campaigns and those making independent expenditures will be required to place disclaimers and disclosures in text messages, e-mail, and other electronic advertisements to the extent it is practical.

If size or character-limit constraints make the full disclosure unrealistic, the ad must at least include the candidate or committee’s FPPC number and, if possible, a link containing the full campaign finance information. These new rules include exceptions for uncompensated and other grassroots internet activity in the interest of keeping the internet a prime forum for political activity and discussion among citizens.

Image of the Seal of the State of California by Zscout370 on Wikipedia.