Candidate and Treasurer Training – March 30, 2022

On March 30, 2022, the City of Oakland's Public Ethics Commission (PEC) jointly with the California Fair Political Practices Commission (FPPC) held a two-hour training for candidates and treasurers. The training covered state campaign finance rules under the Political Reform Act and local rules under the Oakland Campaign Reform Act (OCRA). The session included presentations by FPPC staff (Chloe Hackard and Steven Hernandez) and PEC staff (Jelani Killings and Suzanne). The training aimed to equip candidates and treasurers with knowledge of filing requirements, contribution limits, record keeping, and electronic filing obligations.

State Rules Presentation (FPPC)

• Campaign Forms and Committees: Overview of Form 501 (candidate intention statement), Form 470 (short form for candidates not raising/spending $2,000+), Form 410 (statement of organization for committees), and the requirement to include candidate last name, office, and election year in the committee name. The Form 410 must be filed within 10 days of reaching the $2,000 threshold, with a $50 fee and a wet signature copy to the Secretary of State.
• Bank Accounts: Only one campaign bank account per committee is allowed; no commingling of funds. Personal funds may be used for filing fees without triggering the $2,000 threshold.
• Form 700: All candidates must file a Statement of Economic Interests (Form 700) with the local filing officer.
• Record Keeping: Maintain records for four years after the election, including names and addresses for contributions of $25+, and occupation/employer for $100+. Both candidate and treasurer share liability.
• Contributions: Defined broadly; exceptions include voluntary personal services, member communications, and uncompensated internet activity. Fundraisers at home/office become reportable if total cost exceeds $500. Electronic contributions (e.g., Venmo) must be reported at full value with fees as expenditures.
• Restrictions: No contributions of $25+ without name/address; no cash, money order, or cashier's check of $100+; no contributions from foreign governments. Local contribution limits may apply.
• Government Code 84308: Applies to appointed officials; prohibits soliciting/accepting contributions of $250+ from entities doing business before their agency.
• Major Donor Notifications: Must notify contributors of $5,000+ within two weeks; for $10,000+ within 90 days of election, notice within one week.
• Form 460: Detailed instructions for reporting monetary contributions (Schedule A), loans (Schedule B), non-monetary contributions (Schedule C), expenditures (Schedule E), and summary page. Required for committees exceeding $2,000 threshold.
• Form 497: 24-hour report required for contributions of $1,000+ from a single source within 90 days of election, including candidate's own loans.
• Filing Schedules: For November 8, 2022 general election, 90-day cycle starts August 10, 2022. Two pre-election statements due in September and October 27. After election, semi-annual filing until committee termination.
• Advertising Disclosures: Mass mailings (200+ similar pieces in a month) must include "Paid for by" with committee name and address in at least 6-point font.
• Post-Election: Successful candidates continue filing and pay $50 annual fee; leftover funds become surplus 90 days after leaving office. Defeated candidates have 90 days after the semi-annual reporting period following each election to redesignate surplus funds.
• Resources: FPPC website (fppc.ca.gov), candidate toolkit, and advice phone line (866-275-3772).

Local Rules Presentation (Oakland PEC)

• Electronic Filing: Mandatory for all campaign statements; must file Form 300 to obtain Netfile account. Initial paper filings (Form 501, Form 410) are still required.
• Voluntary Spending Limits: Candidates may accept expenditure ceilings (e.g., $175,000 for District 1 council) to be eligible for higher contribution limits. To accept, file OCRA Form 301 before receiving contributions at the higher limit.
• Contribution Limits: Candidates accepting spending limits: $900 per election from persons, $1,800 from broad-based political committees. Candidates rejecting limits: $200 per person, $400 per broad-based committee. Personal loans to own campaign are not subject to these limits.
• Definition of Broad-Based Political Committee: Must exist for >6 months, receive contributions from 100+ persons, and make contributions to 5+ candidates. Candidates must verify before accepting higher limits.
• Aggregation Rules: Contributions from entities sharing majority of board/officers/ownership are treated as one person. Business owners cannot give both individually and from business account.
• Loans and Unpaid Bills: If unpaid for >90 days and >$1,500, they become contributions subject to limits. A payment schedule is recommended.
• Notice Requirements: All fundraising materials must include a statement about contribution limits and contractor prohibition.
• Contractor Prohibition: Persons negotiating contracts with City of Oakland or Oakland Unified School District may not contribute from start of negotiations through 180 days after completion. Applies to CEOs, owners of 20%+ interest, and authorized negotiators.
• Enforcement: Late filers are posted online; fines and referral to FPPC for non-filers beyond 45 days. Recent enforcement actions have resulted in hundreds to thousands of dollars in fines.
• Limited Public Financing: Available to district city council candidates; $10,000–$25,000 reimbursement. Requirements: personal loans/contributions capped at 10% of expenditure ceiling; must raise and spend 5% of ceiling; attend training in August 2022; submit required forms.
• Resources: PEC provides binders with campaign manuals, OCRA guide, and public financing guide. Advice line (phone/email) and electronic filing support.

Key Outcomes

• The training provided comprehensive guidance on state and local campaign finance rules.
• Slide decks will be emailed to all participants, and the recording will be posted on the PEC website.
• A follow-up quiz for treasurers will be made available; successful completion will result in listing on the PEC website.
• Candidates and treasurers are encouraged to contact the PEC or FPPC with questions and to monitor deadlines.