SECTIONS 83100-83124 - California Statutes

GOVERNMENT CODE

SECTION 83100-83124

83100. There is hereby established in state government the Fair
Political Practices Commission. The Commission shall have five
members, including the chairman. No more than three members of the
Commission shall be members of the same political party.

83101. The chairman and one additional member of the Commission
shall be appointed by the Governor. The Governor's appointees shall
not be members of the same political party.

83102. (a) The Attorney General, the Secretary of State and the
Controller shall each appoint one member of the Commission.
(b) If the Attorney General, the Secretary of State and the
Controller are all members of the same political party, the chairman
of the state central committee of any other political party with a
registration of more than five hundred thousand may submit to the
Controller a list of not less than five persons who are qualified and
willing to be members of the Commission. The list shall be submitted
not less than ten days after the effective date of this chapter for
the Controller's initial appointment, and not later than January 2
immediately prior to any subsequent appointment by the Controller. If
the Controller receives one or more lists pursuant to this section,
his appointment shall be made from one of such lists.

83103. Members and the chairman of the Commission shall serve
four-year terms beginning on February 1 and ending on January 31 or
as soon thereafter as their successors are qualified, except that the
initial appointees under Section 83102 shall serve six-year terms.
No member or chairman who has been appointed at the beginning of a
term is eligible for reappointment.

83104. Vacancies on the Commission shall be filled, within thirty
days, by appointment of the same official who appointed the prior
holder of the position. The provisions of Section 83102 (b) are not
applicable to the filling of vacancies. Appointments to fill
vacancies shall be for the unexpired term of the member or chairman
whom the appointee succeeds. A vacancy or vacancies shall not impair
the right of the remaining members to exercise all of the powers of
the board. Three members shall constitute a quorum.

83105. Each member of the commission shall be an elector. No member
of the commission, during his or her tenure, shall hold any other
public office, serve as an officer of any political party or partisan
organization, participate in or contribute to an election campaign,
or employ or be employed as a lobbyist nor, during his or her term of
appointment, seek election to any other public office. Members of
the commission may be removed by the Governor, with concurrence of
the Senate, for substantial neglect of duty, gross misconduct in
office, inability to discharge the powers and duties of office or
violation of this section, after written notice and opportunity for a
reply.

83106. The chairman of the Commission shall be compensated at the
same rate as the president of the Public Utilities Commission. Each
remaining member shall be compensated at the rate of one hundred
dollars ($100) for each day on which he engages in official duties.
The members and chairman of the Commission shall be reimbursed for
expenses incurred in performance of their official duties.

83107. The Commission shall appoint an executive director who shall
act in accordance with Commission policies and regulations and with
applicable law. The Commission shall appoint and discharge officers,
counsel and employees, consistent with applicable civil service laws,
and shall fix the compensation of employees and prescribe their
duties.

83108. The Commission may delegate authority to the chairman or the
executive director to act in the name of the Commission between
meetings of the Commission.

83109. For purposes of Section 18801 of the Government Code, no
non-clerical position under the Commission shall be included in the
same class in the civil service classification plan with any position
of any other department or agency.

83110. The principal office of the Commission shall be in
Sacramento but it may establish offices, meet, and exercise its
powers at any other place in the state. Meetings of the Commission
shall be public except that the Commission may provide otherwise for
discussions of personnel and litigation.

83111. The Commission has primary responsibility for the impartial,
effective administration and implementation of this title.

83111.5. The commission shall take no action to implement this
title that would abridge constitutional guarantees of freedom of
speech, that would deny any person of life, liberty, or property
without due process of law, or that would deny any person the equal
protection of the laws.

83112. The Commission may adopt, amend and rescind rules and
regulations to carry out the purposes and provisions of this title,
and to govern procedures of the Commission. These rules and
regulations shall be adopted in accordance with the Administrative
Procedure Act (Government Code, Title 2, Division 3, Part 1, Chapter
4.5, Sections 11371 et seq.) and shall be consistent with this title
and other applicable law.

83113. The commission shall, in addition to its other duties, do
all of the following:
(a) Prescribe forms for reports, statements, notices and other
documents required by this title.
(b) Prepare and publish manuals and instructions setting forth
methods of bookkeeping and preservation of records to facilitate
compliance with and enforcement of this title, and explaining the
duties of persons and committees under this title.
(c) Provide assistance to agencies and public officials in
administering the provisions of this title.
(d) Maintain a central file of local campaign contribution and
expenditure ordinances forwarded to it by local government agencies.
(e) Annually publish a booklet not later than March 1 that sets
forth the provisions of this title and includes other information the
commission deems pertinent to the interpretation and enforcement of
this title. The commission shall provide a reasonable number of
copies of the booklet at no charge for the use of governmental
agencies and subdivisions thereof that request copies of the booklet.
The commission may charge a fee, not to exceed the prorated cost of
producing the booklet, for providing copies of the booklet to other
persons and organizations.

83114. (a) Any person may request the commission to issue an
opinion with respect to his duties under this title. The commission
shall, within 14 days, either issue the opinion or advise the person
who made the request whether an opinion will be issued. No person who
acts in good faith on an opinion issued to him by the commission
shall be subject to criminal or civil penalties for so acting,
provided that the material facts are as stated in the opinion
request. The commission's opinions shall be public records and may
from time to time be published.
(b) Any person may request the commission to provide written
advice with respect to the person's duties under this title. Such
advice shall be provided within 21 working days of the request,
provided that the time may be extended for good cause. It shall be a
complete defense in any enforcement proceeding initiated by the
commission, and evidence of good faith conduct in any other civil or
criminal proceeding, if the requester, at least 21 working days prior
to the alleged violation, requested written advice from the
commission in good faith, disclosed truthfully all the material
facts, and committed the acts complained of either in reliance on the
advice or because of the failure of the commission to provide advice
within 21 days of the request or such later extended time.

83115. Upon the sworn complaint of any person or on its own
initiative, the commission shall investigate possible violations of
this title relating to any agency, official, election, lobbyist or
legislative or administrative action. Within 14 days after receipt of
a complaint under this section, the commission shall notify in
writing the person who made the complaint of the action, if any, the
commission 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.

83115.5. No finding of probable cause to believe this title has
been violated shall be made by the commission unless, at least 21
days prior to the commission's consideration of the alleged
violation, the person alleged to have violated this title is notified
of the violation by service of process or registered mail with
return receipt requested, provided with a summary of the evidence,
and informed of his right to be present in person and represented by
counsel at any proceeding of the commission held for the purpose of
considering whether probable cause exists for believing the person
violated this title. Notice to the alleged violator shall be deemed
made on the date of service, the date the registered mail receipt is
signed, or if the registered mail receipt is not signed, the date
returned by the post office. A proceeding held for the purpose of
considering probable cause shall be private unless the alleged
violator files with the commission a written request that the
proceeding be public.

83116. When the commission determines there is probable cause for
believing this title has been violated, it may hold a hearing to
determine if a violation has occurred. Notice shall be given and the
hearing conducted in accordance with the Administrative Procedure Act
(Chapter 5 (commencing with Section 11500), Part 1, Division 3,
Title 2, Government Code). The commission shall have all the powers
granted by that chapter. When the commission determines on the basis
of the hearing that a violation has occurred, it shall issue an order
that may require the violator to do all or any of the following:
(a) Cease and desist violation of this title.
(b) File any reports, statements, or other documents or
information required by this title.
(c) Pay a monetary penalty of up to five thousand dollars ($5,000)
per violation to the General Fund of the state. When the Commission
determines that no violation has occurred, it shall publish a
declaration so stating.

83116.3. Whenever the commission rejects the decision of an
administrative law judge made pursuant to Section 11517, the
commission shall state the reasons in writing for rejecting the
decision.

83116.5. Any person who violates any provision of this title, who
purposely or negligently causes any other person to violate any
provision of this title, or who aids and abets any other person in
the violation of any provision of this title, shall be liable under
the provisions of this chapter. However, this section shall apply
only to persons who have filing or reporting obligations under this
title, or who are compensated for services involving the planning,
organizing, or directing any activity regulated or required by this
title, and a violation of this section shall not constitute an
additional violation under Chapter 11 (commencing with Section
91000).

83117. The Commission may:
(a) Accept grants, contributions and appropriations;
(b) Contract for any services which cannot satisfactorily be
performed by its employees;
(c) Employ legal counsel. Upon request of the Commission, the
Attorney General shall provide legal advice and representation
without charge to the Commission.

83117.5. It shall be unlawful for a member of the commission to
receive a gift of ten dollars ($10) or more per month.
"Gift" as used in this section means a gift made directly or
indirectly by a state candidate, an elected state officer, a
legislative official, an agency official, or a lobbyist or by any
person listed in Section 87200.

83118. The Commission may subpoena witnesses, compel their
attendance and testimony, administer oaths and affirmations, take
evidence and require by subpoena the production of any books, papers,
records or other items material to the performance of the Commission'
s duties or exercise of its powers.

83119. The Commission may refuse to excuse any person from
testifying, or from producing books, records, correspondence,
documents or other evidence in obedience to the subpoena of the
Commission notwithstanding an objection that the testimony or
evidence required of him may tend to incriminate him. No individual
shall be prosecuted in any manner or subjected to any penalty or
forfeiture whatever for or on account of any transaction, act, matter
or thing concerning which he is compelled, after having claimed his
privilege against self-incrimination, to testify or produce evidence,
except that the individual so testifying shall not be exempt from
prosecution and punishment for perjury committed in so testifying. No
immunity shall be granted to any witness under this section unless
the Commission has notified the Attorney General of its intention to
grant immunity to the witness at least thirty days in advance, or
unless the Attorney General waives this requirement.

83120. An interested person may seek judicial review of any action
of the Commission.

83121. If judicial review is sought of any action of the Commission
relating to a pending election, the matter shall be advanced on the
docket of the court and put ahead of other actions. The court may,
consistent with due process of law, shorten deadlines and take other
steps necessary to permit a timely decision.

83122. There is hereby appropriated from the General Fund of the
state to the Fair Political Practices Commission the sum of five
hundred thousand dollars ($500,000) during the fiscal year of
1974-1975, and the sum of one million dollars ($1,000,000), adjusted
for cost-of-living changes, during each fiscal year thereafter, for
expenditure to support the operations of the commission pursuant to
this title. The expenditure of funds under this appropriation shall
be subject to the normal administrative review given to other state
appropriations. The Legislature shall appropriate such additional
amounts to the commission and other agencies as may be necessary to
carry out the provisions of this title.
The Department of Finance, in preparing the state budget and the
Budget Bill submitted to the Legislature, shall include an item for
the support of the Political Reform Act of 1974, which item shall
indicate all of the following: (1) the amounts to be appropriated to
other agencies to carry out their duties under this title, which
amounts shall be in augmentation of the support items of such
agencies; (2) the additional amounts required to be appropriated by
the Legislature to the commission to carry out the purposes of this
title, as provided for in this section; and (3) in parentheses, for
informational purposes, the continuing appropriation during each
fiscal year of one million dollars ($1,000,000) adjusted for
cost-of-living changes made to the commission by this section.
The definition of "expenditure" in Section 82025 is not applicable
to this section.

83123. The commission shall establish a division of local
enforcement to administer, interpret, and enforce, in accordance with
the findings, declarations, purposes, and provisions of this title,
those provisions relating to local government agencies as defined in
Section 82041.

83124. The commission shall adjust the contribution limitations and
voluntary expenditure limitations provisions in Sections 85301,
85302, 85303, and 85400 in January of every odd-numbered year to
reflect any increase or decrease in the Consumer Price Index. Those
adjustments shall be rounded to the nearest one hundred dollars
($100) for limitations on contributions and one thousand dollars
($1,000) for limitations on expenditures.