First, thanks to the Union Democrat for its admission in an editorial last week that Teri has been, “honest and upfront all along, and is not trying to hide anything” relative to the Fair Political Practices Commission (FPPC) investigation of her Board approved travel to Denver to speak at the Stewards of American Liberty annual conference.
Deputy County Counsel Carlyn Drivdahl will read her memo (below) in the Public Comment portion of the BOS meeting this morning at 9:00 am. You can listen at: http://www.mymotherlode.com/multimedia/audio/. We are very appreciative of County Counsel Gregory Oliver and Carlyn Drivdahl’s advice of a year ago. And even more so, of their prompt action to set the record straight.
We believe that the investigation was likely motivated by the actions of a small group that has opposed Tuolumne County’s taking advantage of its legal right to be an active participant in federal and state agency decision-making processes – coordination. If it was indeed the result of a complaint meant to discourage, it didn’t have the desired effect. We’re not backing away from a legal process that is about the only hope this County has of representing itself to other levels of government when it matters – before their decision is already made.
The Board can’t stop the state or federal government from taking more of your property taxes. Neither can the Board stop agencies from taking actions required by federal and state laws – environmental or otherwise. But, unlike tax grabs, the Board can be at the table and advocate for local economic interests.
The process is legal and after all this furor has died down, coordination will be proved to be a helpful tool for consensus and for the good of all Tuolumne County residents. Teri looks forward to working with those who are now opposed, but who may eventually see benefit in coordination. Finally, we encourage folks to be respectful in their expression of support or lack thereof for coordination. We all need to refrain from adding fuel to the fire. Hang in there!
M E M O R A N D U M
TO: Supervisor Murrison
FROM: Gregory J. Oliver, County Counsel
Carlyn M. Drivdahl, Deputy County Counsel
SUBJECT: Out-of-State Travel and the Political Reform Act
In light of the recent article in the Union Democrat (“Murrison’s travel plan examined,” October 28, 2009), our office has prepared this memorandum to detail the legal advice we provided you and the steps taken in researching the Political Reform Act (“PRA”) statutes and Fair Political Practices Commission regulations regarding compensation for out-of-state travel expenses for County Supervisors. For purposes of this memorandum, it is assumed that the out-of-state travel is to speak at a conference hosted by a 501(c)(3) nonprofit.
PRA Reporting Requirements and Limits Relating to Out-of-State Travel
When the County pays for a Supervisor’s transportation and necessary lodging and subsistence, it is not considered a gift or honorarium. (Gov. Code § 89506(d)(2); 2 CCR 18950.1(d).) These payments by the County are neither subject to PRA’s gift limits nor reportable on the Supervisor’s Form 700 Statement of Economic Interests. Whether or not the County is later reimbursed by the nonprofit for the travel payments is a separate issue that should not affect the reporting requirements of the individual Supervisor.
Payments, advances or reimbursements for travel, including actual transportation and related lodging and subsistence, are not prohibited or limited by the PRA if:
• The travel is reasonably related to a legislative or governmental purpose, or to an issue of state, national or international public policy; and
• The travel is provided by a 501(c)(3) nonprofit organization.
(Gov. Code § 89506(a)(2); 2 CCR 18950.1(b).)
Although not subject to any limitation, since the travel is out-of-state, a direct payment by a nonprofit to the Supervisor who is traveling would need to be reported on the Supervisor’s Form 700 Statement of Economic Interests.
Transparency in Government Actions
This issue first arose in October of 2008 in connection with Supervisor Murrison’s participation at the Stewards of the Range A 501(c)(3) nonprofit – now American Stewards of Liberty. conference on intergovernmental coordination in Texas. In researching the PRA requirements with regards to this trip, Deputy County Counsel Carlyn Drivdahl contacted the FPPC’s Technical Assistance Hotline on several occasions for advice on how Supervisor Murrison should handle these travel expenses. Although the FPPC does not guarantee the advice provided through the Hotline, our office was pointed to the regulations cited above, confirming our earlier research. This is the advice that was provided by our office to Supervisor Murrison and she acted in accordance with that advice. The County paid for the travel expenses of Supervisor Murrison. Later, the Stewards of the Range reimbursed the County for Supervisor Murrison’s travel expenses.
Further, the County has a requirement that the Board of Supervisors approve any out-of-state travel for individual Supervisors. (Tuolumne County Ordinance Code § 2.12.060(E).) The Board of Supervisors considered and approved Supervisor Murrison’s travel at its regular meeting on November 4, 2008.
Moving Forward
At this time, there is no indication from the FPPC that there were any missteps with regard to the advice our office provided Supervisor Murrison. It remains this office’s opinion that since the County paid for the out-of-state travel expenses for Supervisor Murrison, there was no need for Supervisor Murrison to include the payments on her Form 700 Statement of Economic Interests.
It is our office’s intent to request a written opinion from the FPPC with regard to out-of-state travel.
Should you have any questions, please feel free to contact our office.
Cc: Board of Supervisors
Chris Bateman, Union Democrat
Walt Cook, Union Democrat
Roman Porter, FPPC Executive Director
Carlyn M. Drivdahl
Deputy County Counsel
Tuolumne County
(209) 533-5517
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