Title
History of the Fair Political Practices Commission Contract for Administration, Implementation, and Enforcement of Sacramento City Code Chapter 2.13 (Campaign Contribution Limits Code)
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FileID
File ID: 2026-00884
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Location
Location: Citywide
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Recommendation
Recommendation: Receive and file.
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Contact
Contact: Mindy Cuppy, MMC, City Clerk, (916) 808-5442, mcuppy@cityofsacramento.org, Office of the City Clerk
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Presenter
Presenter: None
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Attachments
Attachments:
1-Description/Analysis
2-March 21, 2017 City Council Staff Report
3-March 2018 Contract with the Fair Political Practices Commission
4-2019 Local Jurisdiction Contract Template
5-August 26, 2019 Commission Staff Report: Review of FPPC Agreement
6-August 24, 2020 Commission Staff Report: Audits of June 2018 Election
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Description/Analysis
IssueDetail
Issue Detail: On March 21, 2017, the City Council adopted Ordinance No. 2017-0027 adding chapter 2.13 (Campaign Contribution Limits Code) to the Sacramento City Code. Among other things, chapter 2.13 authorizes the City Council to approve an agreement between the City and the California Fair Political Practices Commission (FPPC). This staff report recommended that the city enter into a contract with the FPPC to provide enforcement of the ordinance along with training and advise letters. The City and the FPPC entered into such an agreement in April 2018 (City Agreement No. 2018-0550) and that contract expired on December 31, 2019.
The FPPC’s services under the initial agreement was limited to auditing, enforcement, advice, education and training, and legal review related to chapter 2.13. During the term of the agreement the FPPC created a webpage dedicated to the City’s campaign-finance rules, appeared before the Commission, and in April 2020 completed audits of seven candidate committees that were active during the June 2018 election.
The total amount of services rendered during the term of the contract was $40,717 ($9,062 in 2018, and $31,655 in 2019). The City of Sacramento, pursuant to the contract, expended $110,000 in floor payments.
On August 15, 2019, the FPPC adopted a Local Jurisdiction Contract Template. The template FPPC’s “floor” compensation under the agreement was $55,000 a year with total compensation capped at $300,000.
On August 26, 2019 the Sacramento Ethics Commission received a staff report to review the agreement with the Fair Political Practices Commission. Sacramento City Code section 2.112.030 provides that the Commission has the power and duty, every two years, to review any agreement the City has with the FPPC “for the purpose of reporting to the council on the [agreement’s] efficacy.” The Commission may also make recommendations to the City Council regarding renewal of the agreement.
On August 24, 2020 the Sacramento Ethics Commission received a staff report regarding the results of the June 2018 Election. There were seven candidate committees that reached the threshold for auditing ($2,000 in contributions or expenditures). The FPPC initiated these audits in early 2019 and completed them between January and April 2020.
There is currently no contract with the FPPC in place. Staff’s attempt to negotiate with the FPPC to lower the floor or to pay only for services rendered was unsuccessful. Staff analysis of the efficacy of the contract could not justify the taxpayer expense.
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PolicyConsiderations
Policy Considerations:
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EconomicImpacts
Economic Impacts: Not applicable.
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EnvironmentalConsiderations
Environmental Considerations: California Environmental Quality Act (CEQA): The proposed action is not a project under CEQA because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines §15378(b)(5).)
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Sustainability
Sustainability: Not applicable.
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Commission/Committee Action
Commission/Committee Action: Not applicable.
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RationaleforRecommendation
Rationale for Recommendation: Not applicable.
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FinancialConsiderations
Financial Considerations: Not applicable.
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LocalBusinessEnterprise
Local Business Enterprise (LBE): Not applicable.
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