83100. There is hereby established in state government the Fair Political Practices Commission. The Commission shall have five members, including the chair. No more than three members of the Commission shall be members of the same political party. (Amended by Stats. 2021, Ch. 50, Sec. 147. (AB 378) Effective January 1, 2022.)
83101. The chair and one additional member of the Commission shall be appointed by the Governor. The Governor’s appointees shall not be members of the same political party. (Amended by Stats. 2021, Ch. 50, Sec. 148. (AB 378) Effective January 1, 2022.)
83102. (a) The Attorney General, the Secretary of State, and the Controller shall each appoint one member of the Commission. (b) If the Attorney General, the Secretary of State, and the Controller are all members of the same political party, the chair of the state central committee of any other political party with a registration of more […]
83103. Members and the chair of the Commission shall serve four-year terms beginning on February 1 and ending on January 31 or as soon thereafter as their successors are qualified, except that the initial appointees under Section 83102 shall serve six-year terms. A member or chair who has been appointed at the beginning of a […]
83104. Vacancies on the Commission shall be filled, within thirty days, by appointment of the same official who appointed the prior holder of the position. The provisions of Section 83102 (b) are not applicable to the filling of vacancies. Appointments to fill vacancies shall be for the unexpired term of the member or chair whom the […]
83105. Each member of the commission shall be an elector. A member of the commission, during the member’s tenure, shall not hold any other public office, serve as an officer of any political party or partisan organization, participate in or contribute to an election campaign, or employ or be employed as a lobbyist nor, during […]
83106. The chair of the Commission shall be compensated at the same rate as the president of the Public Utilities Commission. Each remaining member shall be compensated at the rate of one hundred dollars ($100) for each day on which the member engages in official duties. The members and chair of the Commission shall be […]
83107. The Commission shall appoint an executive director who shall act in accordance with Commission policies and regulations and with applicable law. The Commission shall appoint and discharge officers, counsel and employees, consistent with applicable civil service laws, and shall fix the compensation of employees and prescribe their duties. (Added June 4, 1974, by initiative […]
83108. The Commission may delegate authority to the chair or the executive director to act in the name of the Commission between meetings of the Commission. (Amended by Stats. 2021, Ch. 50, Sec. 154. (AB 378) Effective January 1, 2022.)
83109. For purposes of Section 19818.6, a nonclerical position under the Commission shall not be included in the same class in the civil service classification plan with any position of any other department or agency. (Amended by Stats. 2013, Ch. 654, Sec. 2. (AB 1418) Effective January 1, 2014. Note: This section was added on […]
83110. The principal office of the Commission shall be in Sacramento but it may establish offices, meet, and exercise its powers at any other place in the state. Meetings of the Commission shall be public except that the Commission may provide otherwise for discussions of personnel and litigation. (Added June 4, 1974, by initiative Proposition […]
83111. The Commission has primary responsibility for the impartial, effective administration and implementation of this title. (Added June 4, 1974, by initiative Proposition 9.)
83111.5. The commission shall take no action to implement this title that would abridge constitutional guarantees of freedom of speech, that would deny any person of life, liberty, or property without due process of law, or that would deny any person the equal protection of the laws. (Added by Stats. 1999, Ch. 225, Sec. 1. […]
83112. The Commission may adopt, amend and rescind rules and regulations to carry out the purposes and provisions of this title, and to govern procedures of the Commission. These rules and regulations shall be adopted in accordance with the Administrative Procedure Act (Government Code, Title 2, Division 3, Part 1, Chapter 4.5, Sections 11371 et […]
83113. The commission shall, in addition to its other duties, do all of the following: (a) Prescribe forms for reports, statements, notices and other documents required by this title. (b) Prepare and publish manuals and instructions setting forth methods of bookkeeping and preservation of records to facilitate compliance with and enforcement of this title, and explaining the […]
83114. (a) Any person may request the commission to issue an opinion with respect to that person’s duties under this title. The commission shall, within 14 days, either issue the opinion or advise the person who made the request whether an opinion will be issued. Any person who acts in good faith on an opinion issued […]
83115. Upon the sworn complaint of any person or on its own initiative, the commission shall investigate possible violations of this title relating to any agency, official, election, lobbyist or legislative or administrative action. Within 14 days after receipt of a complaint under this section, the commission shall notify in writing the person who made […]
83115.5. A finding of probable cause to believe this title has been violated shall not be made by the commission unless, at least 21 days prior to the commission’s consideration of the alleged violation, the person alleged to have violated this title is notified of the violation by service of process or registered mail with […]
83116. When the commission determines there is probable cause for believing this title has been violated, it may hold a hearing to determine if a violation has occurred. Notice shall be given and the hearing conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2, […]
83116.3. Whenever the commission rejects the decision of an administrative law judge made pursuant to Section 11517, the commission shall state the reasons in writing for rejecting the decision. (Added by Stats. 1999, Ch. 297, Sec. 1. Effective January 1, 2000.)
