Fair Political Practices Commission REGULATION
California State Association of Counties & CSBA v. Fair Political Practices Commission (FPPC) (2018) Case No. BS174653 – Los Angeles County Superior Court Update
Member(s) Involved: On behalf of all California school districts and county offices of education
Current status and/or outcome:
On Dec. 14, 2020, the court denied California State Association of Counties (CSAC) and CSBA’s petition for Writ of Mandate, finding that the Fair Political Practices Commission (FPPC) regulations at issue should not be set aside. While the court found in favor of the FPPC, the case may still protect avenues of communication for boards and other elected officials, as the FPPC argued before the court that its regulations do not mean that television, radio and electronic media are per se violations of the prohibition against spending of public dollars on advocacy, but rather communication in the medium will be evaluated based on its content.
Importance of statewide issue:
FPPC enforcement of the regulations at issue will impact school boards as they consider whether to place measures on their local ballots and provide informational communications about the measures. As communication mediums change for public agencies, it is important to ensure that school districts and county offices can continue to provide information to the community about important ballot measures.
Summary of the case:
In 2018, CSBA and its ELA and CSAC sued the FPPC, the agency responsible for the enforcement of the Political Reform Act (PRA), which regulates campaign financing, conflicts of interest, lobbying, and government ethics. The lawsuit alleged that the FPPC’s adoption and enforcement of regulations exceed the Commission’s authority. Local governments cannot spend public monies to engage in campaign communications that expressly advocate for or against a ballot measure but are permitted to spend public funds to inform and educate the public about an upcoming ballot measure. FPPC Regulation section 18420.1 was issued after the Vargas v. City of Salinas case in 2009, and makes television, electronic media, and radio spots per se violations of the prohibition against spending of public dollars on advocacy, regardless of whether the communication is strictly informational or not. CSBA sought to get the FPPC to rescind the regulation by sending FPPC an opposition letter in 2009 and formally petitioning for rulemaking in 2010. CSBA was poised to seek redress in the courts but refrained when the then FPPC Chair indicated that FPPC staff will not include the regulation in its enforcement efforts. Unfortunately, the FPPC has changed course and has recently begun enforcing the regulations, potentially impacting how school boards or county offices of education educate the public about statewide ballot measures or place measures on their local ballots and provide informational communications about those measures.