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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

Duane Dichiara

SD Overview

Disclosures are rolling out for Assembly races. This is a fast over-view of San Diego hot spots, more to come…

In the 77th (LaSuer) Nurse/Businesswoman Beecham (Coronado Communications Client) brought in 134k in the last period and has 133k on hand. Much of Beecham’s fundraising was in the form of a loan, but she has the capability of partially self-funding. Businessman/activist Anderson (Nygren) brought in 44k and has 116k on hand. Anderson’s disclosures were notable for the sheer number of medium and small doners, many activist types. City Councilman Dale (Wainio) brught in 57k and has 91k on hand. Dale spent quite a bit this last go round on overhead. Beyer’s (Justin) on line file has not updated yet… I’ll update when they are in.

In the 74th (Wyland) Businessman Garrick (Coronado Communications Client) raised 213k this period and ended with 348 cash on hand. City Councilwoman Waldron (Gilliard) raised 47k this period and ended with 188k on hand, less on hand than on the less disclosure because of somewhat heavy overhead spending. More than half of the Garrick money is his own, both in the form of a loan and outright… Read More

Mike Spence

59th AD Race Will Be One

I have written a little about the 59th AD. (You can see the post with the links to past posts here.) The conventional wisdom was that Anthony Adams has hustled himself to unstoppablefront runner status. Today’s reporting shows Adams with Cash on Hand of a little over $108,000. That’s what happens when you hire top-notch political help. You have to pay for it.

Lancaster shows over $150,000 COH counting a $100,000loan from himself.

The geography of this district makes it an interesting race. Especially, if both have the same type of money. Lancaster has the most in the LA part of the district and Adams the San Bernardino part of the district. Wild cards include Barry Hartz, a desert transplant from the SGV. How much will he raise and spend? How far will the Mountjoy political operationgo for him? Susan Slater from the Desert is running too.

Interestingly, when you search Anthony Adams in the Political Reform Division’s reporting system there is a PAC called Committee to Oppose Anthony Adams.… Read More

Matthew J. Cunningham

Freedom’s Ringing Louder In Orange County

I’m off to Anaheim’s State of the City address to hear Mayor Curt Pringle lay out his 2006 vision for OC’s second largest city (full disclosure: the City of Anaheim is a client).

The Freedom Revolution that Curt Pringle launched after his election as Mayor is comforting and compelling evidence that cities can thrive through policies that embrace liberty and individuals acting in the market place — and stands in stark contrast to retrograde policies like Stanton’s intrusive home inspection boondoggle.

Anaheim’s freedom virus is spreading. Costa Mesa recently completed a 4-month home improvement holiday — modeled after Anaheim’s program — during which permit fees were waived. Anaheim’s program catalyzed $28 million in home improvements, and Costa Mesa’s program led to $15 million in home improvements. These cities physically improved their communities without spending a nickel, simply by removing government-created obstacles.… Read More

Matthew J. Cunningham

City Of Stanton Concocts Bad Policy In Search Of Non-Existent Problem

It’s said that "idle minds are the devil’s playground."

The same might be said about government bureaucrats.

Here in Orange County, we have a classic case of a bad solution in search of a non-existent problem, courtesy of the bureaucrats at the City of Stanton.

I doubt many FR Blog readers have been to Stanton, a 3.1 square mile city of 38,305 souls located along Beach Boulevard in central OC. It is an unappealing, often overlooked micropolis: I’veRead More

Mike Spence

Swift Boat Vets for Arnold

Veteran Democratic operative and LA Weekly political columnist reports at New West Notesthat the media buyers for another type of veteran, Swift Boat Veterans for Truth are asking for ad rates and time slots. Does this portend the influx of 527’s campaigns that can circumvent campaign finance laws or is it an old fashioned Independent expenditure? Like a gubernatorial campaign can run on at a little over $20,000 a donation.Read the article here.Read More

Barry Jantz

Jerome Stocks Out in 74th AD

The big mystery announcement that was supposed to be forthcoming the other dayturned out to be not much of a shock…Encinitas Councilman Jerome Stocks decided not to enter the fray in the 74th, the Wyland seat.

Jerome, a great guy who — among other things — drove his city’s rightful pro-property rights reaction to the Kelo eminent domain decision (perhaps the first local elected official to do so), would be a great face in the legislature, but he was going to have an uphill battle against Garrick and Waldron…and now Packard.

The SD Politics Blog had mention of Stocks dropping a few days ago…consultant Jack Orr indicates Stocks confirmed it at the monthly North County National Albondigas Political Society luncheon (ask me what the heck that is, and I’ll turn you over to Jack).

So, I check to see if the North County Times picked it up over the… Read More

Duane Dichiara

VISTA MAYOR – HIKE TAXES!

At today’s Vista Chamber of Commerce lunch Mayor Morris Vance spent well over a half an hour describing how he favors either a 1/2 cent sales tax increase or a property transfer tax to build a new civic center. Of course, there would be a new City Hall in the civic center. Morris Vance, for those of you not from North San Diego County was the former Vista city manager. The City of Vista is a largely Republican, conservative turf with representatives like Darrell Issa, Bill Morrow, and Mark Wyland. Hardly tax and spend turf… particularly if the taxing and spending is for new government buildings.… Read More