I want to build on Jon’s post below about my former Senate colleague, Ross Johnson, being tapped by the governor to be the Chairman of the Fair Political Practices Commission (FPPC).
Without a doubt, this is the single best appointment Governor Schwarzenegger could have made to head this troubled agency. Ross was a brilliant legislator. Highly regarded by both Democrat and Republican members. He’ll forget more about the minutia of campaign finance reform than most of us will ever learn in our careers. During his legislative tenure he always demanded accountability from the FPPC and was instrumental in many good solid reforms.
Ross’ appointment could not have come at a more opportune time. In the past six years (at least) the FPPC has run amok – ignoring significant violations and pursuing completely frivolous cases. Their decisions appeared all too political motivated. A terrible thing for an agency that is supposed to be non-partisan.
And then there was the outrageous statement from the outgoing chair last year that unless the legislature gave them more money, they would drop over 200 investigations. A hollow effort in bullying everyone which was completely untrue. The commission also called all the local newspapers of the members of the Senate Elections and Reapportionment Committee (which I Vice Chair) to try and get them to write scathing editorials against us unless we all voted for a bill that almost doubled their budget. Just stunning for a state agency.
I speak from experience here. For two years I was one of their pursuits. When Democrat Senator Mike Machado was accused of misusing campaign funds (which he later admitted to doing), his initial defense was "I didn’t do anything wrong, and these five Republicans do it too". (I was one of the five Machado accused).
Even after Machado withdrew his accusations against all of us Republicans – because they were baseless – the FPPC wouldn’t drop it. Why wouldn’t they drop it you ask? (I know I did). It was real clear to my attorney (the very capable Chuck Bell) and me that because they had just fined Cruz Bustamante and Mike Machado – both Democrats, they now thought they needed to “balance” things by getting a Republican. I was the lucky winner.
For two years I endured their "leaking" to the press (when that is expressly prohibited) and all the articles that came with it, and I witnessed some of the most unprofessional behavior I have ever experienced. All designed to intimidate me into agreeing to a laughable settlement with them.
I just couldn’t admit to something I didn’t do and we fought them every step of the way.
This last summer an Administrative Judge dismissed every one of their charges (we won on 61 out of 61). In his decision, which completely vindicated me, the judge said the FPPC distorted the evidence and that their case was "difficult to understand".
I won, and I’m happy about that, but the FPPC should never have pursued this in the first place. They only did because they wanted a Republican trophy to hang next to the two Democrat trophies they had.
Chuck Bell told me early on that in his entire professional career, this was the silliest case he’d ever been involved in. It was. And it cost me A LOT of money to defend myself, my name and my reputation.
All the while the FPPC was complaining they didn’t have enough money and unless they got more all the violators would run free. Their priorities have been completely distorted.
I have great faith that with Ross Johnson at the helm, the FPPC will find its way back to its mission. To prosecute and fine people who violate the Political Reform Act. That’s all. Not to pursue asinine cases like they did against me. Not to try and intimidate the legislature by calling the press and trying to co-opt them with false information. And not to try and end run around the budget process by trying to scare the public.
Congratulations Chairman Johnson! I’m glad you accepted the appointment.