HomeMy WebLinkAboutD - FPPC - Mission of the Enforcement Division
Mission of the Enforcement Division
http://www.fppc.ca.gov/
The mission of the Enforcement Division of the Fair Political Practices Commission is to fairly, effectively,
and efficiently enforce the provisions of the Political Reform Act.
Types of Enforcement Actions
A violation of the Act can be pursued in three ways:
1) Administrative proceedings by the Enforcement Division;
2) Criminal prosecution by a local district attorney or the state attorney general; or
3) Civil action by the public, certain government agencies or the Enforcement Division.
The vast majority of cases are handled through the administrative enforcement process.
Enforcement Process
The Enforcement Division analyzes and processes over 1,500 complaints and referrals per year about
potential violations of the Act. Complaints and referrals are received from citizens, other government
agencies, and the media. The Enforcement Division also investigates on its own initiative. The division
also operates a campaign audit program of both mandatory and discretionary audits. A matter will be
fully investigated if there is sufficient information to believe that a violation of the Act has occurred.
Administrative Enforcement Case Resolution
A complaint can be resolved in several ways depending on the strength of the evidence, the
particular facts, and the amount of public harm involved. If there is insufficient evidence to prosecute, a
case may be closed with a letter finding no violation or an advisory letter. If the seriousness of the
offense and public harm are low, a warning letter may be issued identifying a violation of the Act but
concluding a monetary fine is not warranted. Finally, if the case merits pursuit of a fine, the Enforcement
Division will prosecute the violators and may seek penalties of up to $5,000 per violation, which must be
approved by the Commissioners.
To find a resolution for a prior case:
Complaint Closure Letters - No violation, advisory and warning letters
Enforcement Case Results - Stipulations, default judgements, and decisions from Administrative
Law Judges
Enforcement Case Summaries - Summaries of case resolutions 1980 - 2013
Enforceable Violations of the Act
The FPPC may only act on complaints within its jurisdiction, meaning violations of the Act. The following
is a list of violations that the FPPC regularly enforces:
Financial conflicts of interest
Laundered campaign contributions
Over-the-limit gifts and contributions
Improper use of campaign funds, including personal use
Campaign mass mailings at public expense
False, inadequate, or inaccurate reporting on statements of economic interests, campaign
statements and reports
Non-filing or late filing of such statements and reports
Anonymous or cash contributions of $100 or more