Oakland Candidate and Treasurer Training – May 28, 2020
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Oakland Candidate and Treasurer Training – May 28, 2020
This joint training, hosted by the Oakland Public Ethics Commission (PEC) and the California Fair Political Practices Commission (FPPC), provided detailed guidance on campaign finance rules under the Political Reform Act (state level) and the Oakland Campaign Reform Act (local level). The training was held virtually via webinar and lasted approximately two hours, covering topics such as campaign forms, contribution limits, reporting requirements, and local rules for Oakland candidates. Presenters included Stephen and Katie Trumble from the FPPC, and Jelani Killings, Ethics Analyst from the Oakland PEC.
FPPC Presentation – Political Reform Act (State Rules)
- Campaign Forms and Bank Accounts: Presenters explained the Form 501 (Candidate Intention Statement), Form 470 (for candidates not raising/spending $2,000 or more), Form 410 (Statement of Organization), and the need for a separate campaign bank account. The Form 410 triggers issuance of a committee ID from the Secretary of State. Candidates must file Form 700 (Statement of Economic Interests) with their declaration of candidacy.
- Record Keeping: Contributions of $25 or more require name and address; contributions of $100 or more require occupation and employer. Records must be kept for at least four years.
- Contributions: Defined broadly to include money, non-monetary items, loans, and enforceable promises. Exceptions include volunteer personal services and home/office fundraisers under $500. Contributions of $100 or more in cash, money orders, or cashier's checks are prohibited. Foreign nationals (except permanent residents) cannot contribute. A $5,000 contribution triggers a major donor notice.
- Form 460 and Schedules: Detailed walkthrough of the Form 460 (Campaign Disclosure Statement), including Schedules A (monetary contributions), B (loans), C (non-monetary contributions), E (expenditures), and the summary page. Presenters emphasized itemizing contributions of $100 or more, reporting loans until paid off, and the need to sub-vendor credit card payments over $500.
- Filing Schedules and Post-Election: For the November 3, 2020 election, specific filing deadlines apply. After the election, successful candidates continue filing semi-annual reports; defeated candidates must file reports and pay a $50 fee. Leftover funds become surplus 90 days after leaving office or after the election reporting period.
- Advertising Disclosures: Mass mailings must include disclosures, and record keeping requirements apply. Full details are available in the FPPC campaign manual and ad charts on the FPPC website.
Q&A During FPPC Presentation
- Committee ID and Bank Account: The committee ID is issued by the Secretary of State after filing Form 410; processing time is typically 7–10 business days. Campaigns can use PayPal, but must report full contribution amounts and fees as expenditures.
- Loans and Personal Funds: Candidates may loan their campaign, but loans are considered contributions for the $2,000 threshold. Filing fees paid from personal funds are not contributions; reimbursement from the campaign is allowed.
- Foreign Contributions: U.S. citizens living abroad may contribute; non-permanent residents (e.g., visa holders) likely cannot. Presenters advised emailing for specific guidance.
- Petty Cash: Replenishment of a petty cash fund (under $100) is considered an expenditure, labeled as "petty cash."
Oakland Campaign Reform Act (Local Rules)
- Electronic Filing: Mandatory for all campaign committees in Oakland using the Netfile system. Signature cards are required; the PEC is working on accommodations for COVID-19.
- Voluntary Expenditure Ceilings: Candidates may choose to accept spending limits (set per office based on CPI) to qualify for higher contribution limits, or reject limits (lower contribution limits but no spending cap). The Form 301 (OCRA 301) must be filed before accepting higher contributions.
- Contribution Limits: For candidates who accept spending limits: persons/individuals $900 per election; broad-based political committees $1,700 per election. For candidates who do not accept limits: $200 per person per election, $400 per broad-based committee. Candidates may contribute unlimited personal funds, except for those participating in the limited public financing program (max 10% of expenditure ceiling).
- Aggregation of Contributions: Contributions from entities sharing majority ownership, officers, or control are treated as from the same person. The $900 limit applies collectively. Spouses' contributions are separate.
- Loans and Unpaid Bills: Non-commercial loans are subject to contribution limits. Unpaid bills exceeding $1,500 for more than 90 days become contributions and may violate limits.
- Contractor Prohibition: Persons negotiating or holding contracts requiring City Council or School Board approval cannot contribute during negotiations and for 180 days after. The PEC provides a contributor verification card to help identify prohibited donors.
- Limited Public Financing Program: Available only to district City Council candidates. Maximum funding is 30% of the expenditure ceiling; approximately $150,000 is available for 2020. Candidates must raise and spend at least 5% of the ceiling, cannot loan themselves more than 10% of the ceiling, and must attend a mandatory training on August 27 or 28, 2020.
Key Outcomes
- The training recording and slide decks will be made available on the Oakland PEC website and emailed to registered participants.
- Candidates and treasurers were encouraged to contact the PEC (ethicscommission@oaklandca.gov or 510-238-3593) for assistance with local rules, and the FPPC (advice@fppc.ca.gov or (866) 275-3772) for state rule questions.
- The next mandatory training for the limited public financing program is scheduled for August 27–28, 2020, for candidates who qualify for the ballot.
- All campaign disclosure statements must be filed electronically via Netfile; early filing is recommended to avoid last-minute issues.
Meeting Transcript
Thanks. No, it's not, we're online. Good morning, everybody. Welcome to the Oakland Public Ethics Commission and the Fair Political Practices Commission candidate and treasurer training for the day. We see that participants are still logging in. So we will begin shortly. Good morning, everybody. Once again, welcome to the City of Oakland Public Ethics Commission and the Fair Political Practices Commission candidate and treasurer training for today. Today I'm joined by Catherine and Stephen from the Fair Political Practices Commission. Today we'll be providing a detailed training on both public campaign finance rules at the state level with the PRA as well as rules that are specific to Oakland through the Oakland Campaign Reform Act. So today our presenters from the Fair Political Practice Commission will be Stephen and Catherine. And at this time, I will turn it over to them. But before we do so, I do want to share that if you do have any questions as the presentation is moving forward. And we will be able to answer questions throughout the training as well. So just to set a little bit of expectation, uh the state portion of today's training will be the first half, which will take approximately about an hour, hour 15 minutes, which will be uh followed by the Oakland Campaign Reform Act specific rules for candidates uh and treasurers who are running campaigns here in the city of Oakland. So with that, we thank you all for joining us uh this morning. We hope that you find this training to be beneficial as you prepare uh for this election season, and I will turn it over uh to Stephen and Catherine to start the presentation. All right, thank you. Much appreciated. Uh, my name's Stephen. I am a political reform consultant with the Fair Political Practices Commission, and me and my colleague Katie will be doing the section on the um political reform act, talking about um uh general information for candidates and treasurers today. Uh Katie, did you want to say hi? Hi, everyone. My name is Katie Trumble. I've been a PRC for a little over two years and with the commission for five. Um, before we get started, Steven, we do have a question about recording and publishing this later. Jelani, could you please jump in and answer that question for me? Yes, thank you, Katie. So we are uh recording today's session. It is being recorded by K Top and it will be available and published on the Public Ethics Commission's website uh for those who would like to view it after this training. Okay, perfect. And right before you jump in, Stephen, um, someone asked if this presentation that we are doing would be available later. And I always like to say yes, we did forward it to Oakland Ethics. Delani has a copy, and we're more than willing to share a copy at the end of the presentation. Perfect. Um, and you know, with the way things are right now during this webinar, it might be a little awkward at some points. Um, so bear with us as we move forward. Um, we will try to address your questions um when we can. Uh I think what we've decided is probably best to address questions towards the end of each, I would say, segment of the presentation. Um, but feel free if you have questions, go ahead and throw them in the QA. Katie's gonna keep an eye out on those for now. Um, and then I guess we'll start get started. Um, just a disclaimer, I've been with the um Fair Political Practice Commission for about four months. So um, this is my very first candidate treasurer presentation, so I may be deflecting to uh Katie to just get some follow-up information. Okay. All right, let's get started. Okay, so this is the candidates and treasurers presentation, uh hosted by uh Katie and myself. So we're with the Fair Political Practices Commission. The Fair Political Practices Commission um came about uh after Prop 9 was passed, um, which is known today as a political reform act. Um we regulate conflicts of interest, campaign finance and lobbying activity.
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