The Fair Political Practices Commission wants to tighten disclosure requirements and could ban many contributions altogether.
California’s political watchdog agency is drafting tougher disclosure
rules for gifts accepted by elected officials and could ban many of
them altogether for statewide office-holders.
If the Fair Political Practices Commission adopts the proposals, Gov. Arnold Schwarzenegger
could be in jeopardy of losing free overseas trips on luxury jets
leased by a taxpayer-subsidized nonprofit, which is linked to the
California Chamber of Commerce.
Last month, The Times reported that Schwarzenegger’s office had avoided
fully disclosing payments of $1.7 million by the nonprofit, the
California State Protocol Foundation, for the governor’s jets, hotel suites and support staff.
At the same time, the foundation generally has refused to release the
names of its donors, who enjoy the same charitable tax write-offs as
supporters of the American Red Cross and soup kitchens. Tax laws do not
require the group to reveal its contributors.
Schwarzenegger has not reported the foundation travel payments on
his disclosure forms because he claims the gifts are made to his
office, rather than to him personally. Advocates for open government
have denounced that position as a ruse, and contend that the
foundation’s corporate backers pay for the trips to curry favor with
Schwarzenegger.
"The policies have really been abused," said Bob Stern, president of
the Center for Governmental Studies and co-author of the law that
created the commission. "Why are people giving gifts? They’re giving
gifts for one reason — to influence the public official."
Commission spokesman Roman Porter said the panel hopes to tighten
regulations that determine which gifts should be publicly reported as
personal ones. It also is considering requiring full disclosure of all
gifts, including on the commission’s website, Porter said.
Now, gifts to the governor’s office — such as payments for his
Gulfstream jet — are merely recorded on internal memos, which in the
past have often lacked dollar amounts..
"The commission is examining ways to provide greater clarity,"
Porter said. "The commission is also looking at further clarifying what
gifts are appropriate and allowed under state law to agencies, public
officials and elected officials."
In addition, The Times has learned, the panel is weighing whether to
prohibit gifts to an agency from being passed on to high-ranking
elected and appointed officials. That would directly target the jets
and suites that the protocol foundation donates and Schwarzenegger
uses.
Porter would not discuss the possible ban on such pass-along gifts.
Commission Chairman Ross Johnson, who has been pushing for reforms
since Schwarzenegger appointed him early last year, declined an
interview request.
Schwarzenegger spokesman Aaron McLear said the office had no comment
on "any unannounced, proposed regulations… We’ll continue to follow
the reporting and disclosures rules set down by the FPPC."
The commission already has begun stiffening disclosure rules for the
use of campaign cash. That came in response to Times revelations that
Assembly Speaker Fabian Nuñez (D-Los Angeles) has spent large sums on
lavish travel and purchases at swank retailers such as Louis Vuitton in
Paris without showing how they might be related to state business.
California Common Cause’s policy advocate, Christina Lokke, said a
crackdown on gifts is overdue. "Any time the governor or another
statewide officer receives a gift from any entity, you have to wonder
what the motivation is," she said.
Jamie Court, president of the Foundation for Taxpayer and Consumer
Rights, agreed, saying that if the panel "strips away the ability of
the chamber to put the governor on a private jet, that’s real valuable.
That’s a strong statement."
He said gifts to the state’s elected officials have become "a hidden economy."
Porter said the proposals would be reviewed over the next several
weeks. A first step would be to determine whether the commission could
impose them without the Legislature changing the law, he said.
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