Chris Micheli

Frequently Asked Questions about Libel and Slander in California Political Campaigns  By Chris Micheli             Does California law address the torts of libel and slander in political campaigns? Yes, the California Elections Code has a section of law concerning libel and slander in election campaigns. Where is the applicable law found? It is contained in Division 20, Chapter 6, Section 20500, which actually incorporates the provisions of Part 2 (commencing with Section 43) of Division 1 of the Civil Code, relating to libel and slander and applies these provisions to any campaign advertising or communication.             On what basis is liability imposed? Elections Code Section 20501 makes a candidate or state measure proponent liable for any slander or libel committed by a committee that is controlled by that candidate, or state measure proponent, if the candid...

Frequently Asked Questions about Governor’s Reorganization Plans  By Chris Micheli What is the Governor’s reorganization authority? The California Constitution grants the Governor, subject to approval by the Legislature, the authority to “assign and reorganize functions among executive officers and agencies and their employees.” What is the name of this authority? A reorganization of the executive branch of government is called a “Governor’s Reorganization Plan,” or more commonly known as a “GRP.” Is a GRP in the form of a bill or resolution? Article V, Section 6 of the California Constitution authorizes a statute to allow the Governor to reorganize functions among state agencies other than the remaining constitutional offices. Hence, a GRP is a bill that is submitted to the Legislature for approval. What must occur before the GRP is submitted to the Legislature? It must first be considered by the Little Hoover Commission (LHC) at least 30 days prior to the GRP’s submiss...

Frequently Asked Questions about Amending or Revising the California Constitution  By Chris Micheli What is required for an amendment to the state Constitution? It requires passage of a state ballot measure approved by a majority vote of the state’s electorate. Who can propose amendments to the state Constitution? Ballot propositions can be proposed by legislators or voters. Section 3 of Article 18 provides that the electors may amend the constitution by initiative. What can the Legislature do? The California Constitution may also be amended or revised by the State Legislature, followed by a vote of the electorate. This process is allowed pursuant to Article 18, which provides specific rules for amending and revising the state Constitution.             Does the Governor play a formal role in legislative action on a constitutional amendment? No, the Governor does not act upon a proposed constitutional amendment. C...

Frequently Asked Questions about the Fair Political Practices Commission  By Chris Micheli   How was the FPPC created? The Fair Political Practices Commission  (FPPC) was created by Proposition 9 as part of the Political Reform Act of 1974 (PRA) that was adopted by the statewide electorate.   What is the FPPC? The FPPC is a five-member independent, non-partisan commission that has primary responsibility for the impartial and effective administration of the PRA. The PRA regulates campaign financing, conflicts of interest, lobbying, and governmental ethics in the State of California.   What are the stated objectives of the FPPC? They are to ensure that public officials act in a fair and unbiased manner in the governmental decision-making process, to promote transparency in government, and to foster public trust in the political system.   What does the PRA require of the FPPC? The PRA requires the FPPC to regulate campaign finance l...

Frequently Asked Questions about Placement Agents under the Political Reform Act  By Chris Micheli             Who are “placement agents”? Under Government Code Section 82047.3(a), a “placement agent” is defined as an individual directly or indirectly hired, engaged, or retained by, or serving for the benefit of or on behalf of, an external manager or an investment fund managed by an external manager, and who acts or has acted for compensation as a finder, solicitor, marketer, consultant, broker, or other intermediary in connection with the offer or sale to a state public retirement system in California or an investment vehicle in specified circumstances. Who is not a placement agent? Under Government Code Section 82047.3(b), an individual who is an employee, officer, director, equity holder, partner, member, or trustee of an external manager and who spends one-third or more of the individual’s time, during a calendar yea...

Frequently Asked Questions about the Impeachment of State Officers  By Chris Micheli             What is the impeachment authority granted to the California Legislature? The California Constitution, like its federal counterpart, allows for the impeachment and removal of state officers by the Legislature.             Which house has the power of impeachment? In Section 18 of Article IV, the Assembly has the sole power of impeachment. Which house has the power of removal? Impeachments are tried by the Senate. What is required for a conviction and removal from office? A person may not be convicted unless, by rollcall vote entered in the journal, two thirds of the membership of the Senate concurs. Which officers are subject to impeachment? State officers elected on a statewide basis, members of the State Board of Equalization, and judges of state courts are subje...

Frequently Asked Questions about Electing Officers in the California Legislature  By Chris Micheli             Are there rules related to electing officers in the California Legislature? Yes, these rules related to officer elections are found in the state Constitution, Government Code, and rules of the respective houses.             What does the state Constitution provide? Article IV, Section 7(a) provides that “each house shall choose its officers.” Nothing further is provided related to choosing officers, but Section 7(c)(4) specifies that political party caucuses may meet in closed session.             What does the Government Code provide? First, the California Government Code provides for the election of officers and a majority vote is required for those elected to these positions. Is there a time requi...