SACRAMENTO — The state agency that polices political spending led a national push to expose secret campaign cash from Arizona last fall. But it has a mixed record of pursuing rule breakers within California's own political establishment.
Now the Fair Political Practices Commission faces an upheaval on its governing board, and it remains to be seen whether tough enforcement will be on the panel's agenda when it emerges.
"This is a seminal point in time for the commission," said Dan Schnur, a former FPPC chairman and current director of the Jesse M. Unruh Institute of Politics at USC.
In the last two years, the commission has relaxed rules governing gifts to politicians, including those exchanged between lobbyists and legislators who are romantically involved. It ended public postings on which politicians it was investigating and why. And it lifted a ban on elected officials voting to appoint themselves to paid posts on government boards.
"At times the FPPC seemed to be more interested in protecting incumbents," than guarding the public's interests, complained Commissioner Ronald Rotunda, a frequent dissenting vote.
The panel did sue an Arizona organization in an attempt to unmask the secret donors behind its $11-million contribution to a ballot measure campaign fund before last November's election. It is still engaged in that effort.
The commission also went after campaign treasurer Kinde Durkee, who stole millions from some of the state's most prominent lawmakers.
Those were safe targets, say open-government activists, who are concerned about the future direction of the commission. The five-member board has three upcoming vacancies and a new executive director is expected.
Commission Chairwoman Ann Ravel said she does not want to expend scarce resources on insignificant and unintentional violations of California's political ethics law, and some rules needed to be streamlined to make compliance less onerous.
The Arizona case, she said, reflects her resolve to redirect the commission's efforts to more serious and willful wrongdoing. She plans to push for new disclosure rules for independent groups' political contributions and tougher enforcement on violators.
"We intend to continue to be extremely vigilant and aggressive in going after … serious violations of the Political Reform Act," Ravel said.
Phillip Ung, an advocate for California Common Cause, noted that the commission is losing its two loudest voices for tougher enforcement, Rotunda and USC Provost Elizabeth Garrett. Their terms expire at the end of this month, as does the term of Commissioner Lynn Montgomery, a former campaign manager who has voted with Ravel to ease restrictions.
The vacancies will be filled with appointments by Secretary of State Debra Bowen, Atty. Gen. Kamala Harris and State Controller John Chiang.
Chiang will choose his appointee from a list of candidates provided by the California Republican Party, under rules aimed at ensuring bipartisanship in the commission's dealings. Three of the five names on the GOP's list are attorneys who have represented political groups regulated by the FPPC.
One is Bradley Benbrook, the lawyer defending the Arizona group in the secret money fight. He argued in court that the FPPC was overstepping its authority in the case.
In addition, a national search is planned for a new executive director, a post that has been vacant, except for temporary fill-ins, since 2011. The person in that position can have a significant effect on the direction the agency takes.
Schnur, predicts that Ravel may soon start to quiet some of her critics. He said pursuit of the secret donors and the rogue campaign treasurer, while not politically risky, showed a welcome assertiveness.
In the Durkee case, commission audits spawned an FBI investigation. In November, Durkee was sentenced to eight years in prison and ordered to repay $10.5 million in restitution.
"Some of Ann's first actions led people to believe she would be much cozier with the regulated community, but she has certainly been much more aggressive in recent months," Schnur said. "The makeup of the new commission is going to have a tremendous impact on how she is able to proceed."
Ung is among those reserving judgment until the new appointees are in place. A newly constituted commission, he said, could be "a tough watchdog who is looking to pass strong regulations and strict enforcement of public officials and special interests."
Or, he said, it could be "like the Federal Election Commission, which is ineffective and in need of serious reform."
patrick.mcgreevy@latimes.com
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