By Malcolm Maclachlan
Capitol Weekly
December 13, 2007
Assembly Speaker Fabian Núñez’s campaign finance activities have been in the news
in recent months. But the Núñez camp said that by early next year the Fair Political
Practices Commission will show that the Los Angeles
Democrat has done nothing illegal.
That’s because Núñez’s district, AD 46, was one of those randomly chosen for an audit by
the FPPC back in February. This list — which includes dozens of lobbying firms and interest
groups, as well as 24 other legislators — is then turned over each year to the Franchise Tax
Board, which has a year to do the audits. According
to FTB spokeswoman Denise Azimi, the tax board expects
to turn over its findings to the FPPC before the end
of January.
“The speaker has complied with FPPC rules, and we are
confident the commission will come to the same conclusion,” said Steve Maviglio, Núñez’s deputy chief of staff. He confirmed this is the first
time Núñez has been audited since first being elected to the
Assembly in 2002.
Núñez’s expenses will be just one of dozens of reports the
FPPC will get back. Eleven of his Democratic Assembly
colleagues are having their books looked at, along
with four Democratic senators. So are eight Republican
assemblymen and one GOP senator. Others on the list
include powerhouse lobbying firm Capitol Advocates,
the California Medical Association, the Peace Officers
Research Association issues committee, and several
groups associated with the state’s current disputes over tribal gaming.
“We take a look at them and determine if there is anything
that rises to the level where there should be an investigation,” said FPPC spokesman Roman Porter.
However, the GOP isn’t exactly dying of anticipation, said Hector Barajas,
communications director for the California Republican
Party. Barajas said that while he believes the expenditures
exploited loopholes and violated ethical standards,
Núñez didn’t necessarily break the law.
“It’s a perception issue,” Barajas said. “While he was sipping $400 bottles of wine, people in his district are suffering.
This is money that came from the working poor.”
Barajas was referring to a series of new stories, first
reported in the Los Angeles Times, about Núñez spending of campaign funds during a trip to Europe.
Much of the money contributed to Núñez’s political fund came from labor unions — the “working poor” Barajas referred to — and his Democratic colleagues.
Núñez, in turn, spent some of the money on what some felt
were questionable expenses during visits to Europe.
The Times reported that this included $5,149 for a meeting in a wine shop in France’s Bordeaux region and $2,562 for “office expenses” at Louis Vuitton in Paris. Núñez defended the expenditures, saying they were incurred
legitimately during a diplomatic trip to Europe and
that he did not stick taxpayers with the bill.
Such spending may become illegal in the future, under
rules promoted by FPPC Chairman Ross Johnson earlier
this month. Under current rules, donated funds can
only be spent on items “reasonably” connected to government or political business. The
new regulation would impose stricter requirements for
listing the dates, reasons and identities for political
gifts and meals. Other rules will require greater reporting
about loans made between candidates and committees,
including the rates of any interest charged.
Porter said the FPPC held a public hearing on the proposed
rules last Thursday, but no one spoke for or against
them. While some of Johnson’s proposed rules have been linked to Núñez’s expenditures in the media, Porter denied there was
any connection.
“He has been out front on campaign finance reform for
a number of years,” Porter said of Johnson, who served in the state legislature
from 1979 to 2004. “This is something he’s been trying to do for a quarter century.”
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