HomeMy WebLinkAboutB-08 - How to Get More Help from FPPC
How To Get More Help - FPPC
Assistance by Telephone Assistance by Mail
Call Toll-Free
Fair Political Practices Commission
1-866-ASK-FPPC
428 J Street, Suite 620
(1-866-275-3772)
Sacramento, CA 95814
or call
Assistance by Fax
1-916-322-5660 press 2
Monday thru Thursday 9:00 am to 11:30 am
1-916-322-0886
To speak to a political reform consultant in the
Technical Assistance Division
The FPPC provides three methods for obtaining advice regarding the Political
Reform Act's (PRA) rules and requirements. Advice is provided to those persons
regulated by the PRA and to the general public. Procedures for informal and
formal advice differ as described below.
1090 Issues: Effective January 1, 2014 the FPPC has limited authority to provide formal
written advice on Government Code section 1090 issues when requested in writing by
officials subject to section 1090, or their authorized representative. The agency will not
issue telephone or email advice on this topic.
Form 700: FPPC staff will be happy to answer your Form 700 questions. Be sure you
have your disclosure category. See your supervisor, or staff in your agency's
personnel or legal department for a copy. Each state & local agency develops unique
categories as part of a conflict-of-interest code. It often limits the type of information you
report. The Form 700 is used by all state and local officials so it is impractical to include
the thousands of codes with the form.
Assistance by E-Mail (Informal Advice)
Email communications are public documents and may be provided to others under the
California Public Records Act.
Email advice is best suited for straightforward questions such as...When does a local
ballot measure committee file its Form 410?; After assuming my new position as mayor
how many days do I have to file the Form 700?
Email advice is not the forum for complex conflict-of-interest questions, questions that
include incomplete or complicated facts, or questions that require substantial legal
analysis.
All Email:
Identify yourself, contact phone and position
List the agency that is related to your question
Write your question with as much specificity as possible
If you have a question on a Form 700 disclosure include your disclosure
category.
For Gift and Travel Questions we need the following Information:
o Identify source of gift or travel and whether the source is a governmental
agency or a 501(c)(3) organization.
o If the source of the gift or travel is reimbursed, provide details on who is
making the reimbursement.
o Date(s) gift received or date(s) of travel.
o Describe gift (i.e. meal, sports or entertainment event tickets) or travel
(i.e. airfare, other transportation, meals, lodging)
o Include facts on whether the public official is making a speech or
performing a ceremonial role.
o Describe how the travel is reasonably related to a legislative or
governmental purpose, or to an issue of state, national, or international
public policy.
Please Note: Third party, hypothetical questions and enforcement related matters are
not addressed
Send
your Email Question Here: advice@fppc.ca.gov
Certain questions may take 2-3 days for a response.
Informal Assistance
Telephone and Email Advice:
This advice is considered informal assistance and conservative responses are provided.
In most instances, email advice will link you to the appropriate reference material posted
on the FPPC website.
Both Telephone and Email Advice provide guidance based on facts provided through the
inquiry. Advice does not provide immunity under Government Code Section 83114 and
does not constitute legal advice or alter any legal right or liability. Political Reform
Consultants will respond to your request for guidance but the response is not a rule,
regulation or statement binding or a final decision of the FPPC. Advice is only applicable
to the specific person submitting the question and to the specific question asked.
Notes:
Answers to questions on past conduct or hypothetical situations are not provided.
Advice regarding a person's duty is only provided to that person or their
authorized representative.
The FPPC does not provide guidance on laws other than the Political Reform Act
(e.g. the Elections Code, the Brown Act, Federal or local laws.).
The FPPC does not confirm in writing telephone advice.
To report a violation of the Act, contact the Enforcement Division.
All calls and emails from reporters will be routed to the FPPC's press staff.
Helpful Hints:
Campaign Questions: Different committees have different filing deadlines and
reporting obligations. Identify if the committee is city, county or state and the type
of committee, candidate, ballot measure etc.. A committee ID number is helpful.
Form 700 Disclosure: Identify your position and agency and disclosure category,
if any. The Disclosure category is in the agency's conflict-of-interest code, see
your supervisor for assistance. The FPPC has information for state agencies and
certain multi-county agencies but does not have the disclosure categories for
most local officials.
Questions Must Include:
If a public official or representative thereof: the official's name, title and agency
and, if a representative, your name and the capacity in which you represent the
official (e.g., "city attorney"; "county counsel")
If a candidate or committee, or representative thereof: the candidate's or
committee's name, and, if a representative, your name and the capacity in which
you represent the candidate or committee (e.g., "attorney for the
candidate/committee"; "committee officer"; "committee campaign consultant")
If any other individual or organization with obligations under the Political Reform
Act, or representative thereof: the individual's or organization's name, the
capacity in which they are regulated under the Act (e.g., "lobbyist"; "major donor";
"campaign contributor") and, if a representative, your name and the capacity in
which you represent the individual or organization (e.g., "attorney for the
organization"; "employee of lobbyist employer")
Formal Assistance
Written Advice
Under Government Code Section 83114(b) and Commission regulations, any individual
or entity (or their authorized representative) may request formal written advice from the
Commission staff concerning their duties under the Political Reform Act. The request
must be in writing, provide specified information about the requestor, and contain
sufficient information on which the Commission staff can do a complete legal analysis. If
the request meets these criteria, the Commission must provide the formal written advice
within 21 working days.
Formal written advice provides the requestor with immunity from prosecution by the
Commission, and provides evidence of good faith conduct in any relevant civil or criminal
proceeding brought by another person, so long as the facts presented by the requestor
are accurate and the requestor acts within the confines of the formal advice provided.
Formal written advice does not provide immunity to persons other than the requestor,
although it may be used as guidance for questions based on similar facts.
The Commission may provide an informal written reply with general guidance in
response to written requests for advice that do not meet the criteria for formal written
advice. Since formal and informal written advice is provided by Commission staff, neither
constitutes a formal opinion by the Commission under Government Code Section
83114(a) or a statement of Commission policy. More details about the written advice
process can be found in Section 18329 of Title 2 of the California Code of Regulations.
Commission Opinions
Under Government Code Section 83114(a) and Commission regulations, any individual
or entity (or their authorized representative) may request a formal opinion from the
Commission concerning their duties under the Political Reform Act. The Commission's
Executive Director must accept or reject a request for a formal opinion within 14 days. A
request will normally be rejected if the question can be answered under existing statutes
or regulations or does not otherwise present a significant policy issue.
In addition, since the process requires formal action by the Commission, if the request is
accepted, it normally takes several months after the question is submitted before a
formal opinion may issue from the Commission. A formal opinion issued by the
Commission provides the requestor with immunity from civil or criminal prosecution
under the Political Reform Act so long as the facts presented by the requestor are
accurate and the requestor acts within the confines of the opinion. More details about
the formal opinion process can be found in Sections 18320 through 18326 of Title 2 of
the California Code of Regulations.
(Revised 3-2011)