FPPC Issues Ruling That Attorneys Fees Incurred in Challenging a Public Records Act Request Can Be Paid From Campaign Committee
Today the Fair Political Practices Commission issued an advice letter clarifying that local elected officials can use their campaign committee account to pay or be reimbursed for legal expenses incurred by the elected official bringing suit to stop the city from releasing personal email pursuant to a Public Records Act request. This is a significant clarification in whether it is proper to use campaign funds to pay for legal fees incurred as a direct result of an elected officer’s official duties, especially since the law suit was commenced by the councilman and was for the purpose of asserting that certain communications were not public records.
The Political Reform Act prohibits campaign funds from being expended for anything other than political or governmental purposes.
You can read the full text of the advice letter at the bottom of this message.
Of course, I should mention for disclosure purposes, that I was the attorney seeking advice on this matter for the councilmember, and my firm, Rutan & Tucker, represented the councilmember in connection with the litigation.
This is good news for elected officials in that the advice… Read More