City of San Bernardino Candidate Information Guide

D. A nonprofit group paid for a survey they conducted and published. The group is claiming that my committee owes them for part of the costs of the survey, but my position is that, since they conducted the survey without my authorization, my committee does not owe them for the survey. The group has indicated that it may seek a small claims court judgment. I would like to close my committee, but should the committee remain open until the issue is resolved? One of the requirements that must be met in order for a committee to terminate is for the treasurer to state, under penalty of perjury, that the committee has eliminated all debts or has declared that it has no intention or ability to discharge all of its debts, loans received, and other obligations. I f your treasurer does not want to declare that the committee has no intention or ability to discharge all of its debts, loans received, and other obligations, we recommend that the committee remain open until the issue is resolved. E. Assemblymember Higuera’s photo, name and office appears in a Paws & Claws charitable fundraising event invitation, but neither the official not their staff consented to the use of their photo or otherwise cooperated in the event invitation. Must Assemblymember Higuera file a Form 803 for resulting payments? No. Where the solicitation is sent without the official or the official’s agent cooperation or consent, or any other actions (coordination, direction, suggestion, etc.) that satisfy “making a behest,” there is no duty for the official to report the payments on Form 803 related to their appearance in the event invitation.

Fair Political Practices Commission advice@fppc.ca.gov

Chapter 12.15

Campaign Manual 2 August 2023 Page 412

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