Rejecting claims they were unfairly exposing people who could well be innocent, the Fair Political Practices Commission said they would continue to post warning letters about possible violations of the Political Reform Act, a practice began August 31. The information has always been available upon request. -DB
The Sacramento Bee
September 11, 2009
By Andrew McIntosh
The chairman and members of the Fair Political Practices Commission also dismissed suggestions that the online posts – which it launched Aug. 31 without advance notice – were akin to an unfair political practice by the state.
Bradley Hertz, president of the 120-member California Political Attorneys Association, told commissioners he’s concerned that people are being investigated and declared guilty of breaches before they have a chance to respond.
Hertz said the FPPC posted several “factually incorrect letters” on the Web last week wrongly saying people had violated the Political Reform Act when they hadn’t.
“With prior notice and deliberation, it would have been possible to develop a policy that avoided posting incorrect and potentially damaging information,” Hertz said, asking that the letters be removed from the Web to allow more consultation and debate.
Commissioner Lynn Montgomery and Karen Getman, an ex-FPPC chairwoman turned private lawyer, said the agency should have warned interested parties about its change of policy so concerns could be aired.
FPPC Chairman Ross Johnson and commissioners Ronald Rotunda and Elizabeth Garrett – both law professors – were unsympathetic.
“The commission didn’t view this as a major public policy change,” Johnson said. “The only difference is the public doesn’t have to jump through hoops now. We’re proactively disclosing these now.”
Commissioners said the FPPC merely put online what’s been available upon request for decades, earning praise from open government advocates such as California Common Cause and the Center for Governmental Studies.
Hertz’s group wants more time between when warning letters are sent to targets of probes and when they’re posted on the Web – up to 30 days, instead of the current seven. He’d like names and addresses redacted, too.
FPPC Executive Director Roman Porter said that neither measure appeared possible.