Is compliance with state ethics laws, the Political Reform Act and Government Code section 1090, declining? Or, is the FPPC getting better at ferreting out violations and violators? These questions arise in the wake of the FPPC’s annual report released Monday, which detailed a record number of cases closed with proven violations and in which public officials agreed to pay fines in 2014. The Commission closed a record 1,005 cases with proven violations, topping the previous record of 852, an 18 percent increase.
As reported in the Los Angeles Times, the FPPC put an emphasis on pursuing serious violations of campaign finance rules, including campaign money laundering, which seeks to hide or disguise the source of contributions. But, the focus on campaign fundraising and reporting activity — more pure political activity — did not mean that incumbent office holders and public officials were overlooked. The FPPC also continued its pro-active gift non-reporting investigation program, which nabbed many public officials, particularly school board members, for failing to properly report gifts — principally from vendors.
So, while it is doubtful that compliance with the law has plunged or that there are more bad actors, there can be little doubt that the FPPC (and some local prosecutors) are upping enforcement scrutiny and legal actions. The effects of this are twofold. On the positive side, these enforcement actions should serve to deter future violations and enhance compliance with the laws. Additionally, public perception of government integrity is bolstered when officials are held accountable. On the other hand, the revelation of violations through these actions brings public officers and their agencies into disrepute and erodes public confidence in their governmental institutions.
The lesson is plain: Political candidates, public officers, employees, consultants, and even businesses that deal with public agencies, as well as those who advise them, need to know the requirements of the laws, which can often be difficult to understand and challenging to apply. This requires regular and ongoing training and monitoring. Then, there must be a dedication to compliance that marries training to proper conduct and accurate reporting.
