EQCA calls for impeachment of California Fair Political Practices Commissioner

[FreeState]

http://ca-ripple-effect.blogspot.com/2010/02/eqca-calls-for-impeachment-of.html

Today Equality California’s Government Affairs Director Mario Guerrero testified before the California Fair Political Practices Commission in Sacramento calling for the impeachment of Commissioner Ronald Rotunda.

We are asking the governor and state legislature to begin impeachment proceedings against Ronald Rotunda, a member of the commission which regulates campaign finance.

Commissioner Rotunda recently asserted in a Sacramento Bee opinion piece that enforcing complete disclosure of personal information from proponents of Proposition 8, as required under current campaign reporting laws, would significantly harm supporters of the marriage ban.

Rotunda, as an FPPC Commissioner, is a defendant in a lawsuit against the Commission – ProtectMarriage.com v. Bowen, the outcome of which will determine future campaign finance reporting regulations in California.

Read the full testimony after the jump:


California Fair Political Practices Commission
Sacramento Bee Article Opinion Piece: Campaign Disclosure Going to Far
Comments 02/11/09

My comments today focus on an Opinion Piece in the Sacramento Bee titled “Campaign Disclosure Can Go too Far,” authored by Mr. Ronald D. Rotunda, a Commissioner on the California Fair Political Practices Commission.

Commissioner Rotunda suggests that disclosure of personal information from funders of Proposition 8, as required by current campaign reporting laws, would expose them to harassment. In fact, just the opposite is true. It is the lesbian, gay, bisexual and transgender community that endures ongoing harassment, discrimination and violence.

I comment today on behalf of an organization that was targeted by the defendants in ProtectMarriage.com v. Bowen. ProtectMarriage sent letters to dozens of the major donors and sponsors of Equality California. I have the letter with me if you would like a copy.

Nationally, hate crimes against gays increased in 2007 to almost 16 percent, up 6 percent from 2006 even though the overall number of hate crimes dropped slightly, the FBI reported. In Los Angeles County, there were 134 hate crimes based on sexual orientation reported in 2008, up from 111 in 2007, and these incidents were more likely to be violent than hate crimes motivated by race or religion, according to the annual Hate Crimes Report by the Los Angeles County Commission on Human Relations.

Deputy district attorney for Santa Clara County, Jay Boyarsky, told the San Jose Mercury News that a jump in anti-LGBT hate crimes is due to Proposition 8. He said: "My belief from having done this work for many years is that surges in types of hate incidents are linked to the headlines and controversies of the day. Marriage equality and Proposition 8 have been in the news, and we have seen an increase in gay-bashing."

The role of an FPPC commissioner is to enforce the law as written, not as a commissioner wishes it to be. The Commission will eventually be asked to determine whether the ‘Yes on 8’ committee (or a similar entity that adopts the same legal strategy) violated the law in failing to properly report the source of its campaign contributions. Commissioner Rotunda openly admits in his opinion piece that the law requires such reporting. In expressing his opinion regarding a current case in which Commissioner Rotunda is technically a defendant in the lawsuit, it appears that he has predetermined that for this particular defendant, and in this particular case, he will not enforce the law as written.

Per Government Code Sections 83116 and 11517(b)(2), in the event of a hearing to determine a violation of the Political Reform Act, commissioners are permitted to vote only after they have heard all evidence in a case. Via his opinion piece, Commissioner Rotunda has indicated how he would vote before hearing any evidence, and based upon his personal sympathies for this particular defendant. By adopting such a position, he has neglected his duty under Section 11517(b)(2) to determine his vote only after hearing evidence on a matter, and as such should be removed from office under Section 83105 which states:

83105. Members of the commission may be removed by the Governor, with concurrence of the Senate, for substantial neglect of duty, gross misconduct in office, inability to discharge the powers and duties of office or violation of this section, after written notice and opportunity for a reply.

We believe that Mr. Rotunda should recuse himself from any votes pertaining to Proposition 8-related investigations and the pending lawsuit. We also believe that the governor and the legislature should begin impeachment proceedings against Mr. Rotunda for dereliction of duty..