August 28, 2015 TO: Mayor Tim Grayson FRO} Fin] Sito RE: ‘Campaign Contributions from Individuals and Entities Associated with Lenner Urban You have asked whether the contributions which your Assembly campaign received from individuals and entities associated with Lennar Urban would affect your ability to participate in the City Council’s upcoming decision regarding the Concord Naval Weapons Station. Lennar Urban. is one of two companies which the City is considering as the master developer for the Weapons Station. In short, it was legal for your Assembly campaign to accept these contributions. ‘As a matter of First Amendment law, courts have long held that elected officials may vote on governmental decisions affecting their campaign contributors. (Woodland Hitls Homeowners Assn. v, City of Los Angeles (1980) 26 Cal. 34 938.) In addition, the California Fair Political Practices Commission (“FPPC”), the state agency charged with enforeing the state’s campaign laws, has consistently advised that the state’s conflict of interest laws do not in any way restrict elected officials from voting on matters involving their contributors. (FPPC Advice Letter to Leslie Murad (11/29/01) No. A-01-267 [eity councilperson running for State Assembly could accept campaign contributions from parties with matters before city couneil].) ‘The FPPC has also advised that contributions from a company’s attorney or other agent do not affect the ability of the councilperson to vote on city couneil matters involving the company. (FPPC Advice Letter to Mary Jackson (1/12/09) A-08-212.) Nevertheless, in light of the questions raised by the recent Contra Costa ‘Times article, and in order to ensure the publie’s utmost confidenee in the Concord City Couneil’s vote on such a significant project, you have indicated that you have decided to voluntarily return the contributions in question. You have also indicated that your campaign was not aware that the contributors were affiliated with Lennar Urban when it received them, and would not have accepted the contributions had it known, We agree that returning the contributions at this time is appropriate under these circumstances. Feel free to contact us with any additional legal questions regarding these contributions, 150 Post Street, Suite 405 s1 San Francisco, CA 94108 ‘Tel: 415/732-7700 Fax 415/732-7701 tm wwrw.campaignlawyers.com, PGR_000721Message From: ‘maryjo@rossicommunications.com [maryjo@rossicommunications.com] Sent: 10/5/2015 9:52:50 AM To: Coon, Mark [Mark Coon@cityofconcord.org] cc: Tim Grayson [tim@timgrayson.us} Subject ‘More information from Jim Sutton Mark, see below. Thanks, Mary Jo Rossi Rossi COMMUNICATIONS 1485 Enes Court, Suite 1348 1s All About the WIN. Concord, California 94520 © 925768-7207 Marylo@ RosaCommunications com Original Message ‘Subject: RE: Investigation by City Attorney From: James Sutton Date: Sun, October 04, 2015 5:29 pm To: Mary Jo Rossi Cc: Tim Grayson Here is the citation to the California Supreme Court case, and analogous FPPC advice letters, about campaign contributions from individuals and entities lobbying a legislative body. Feel free to call if you or the City Attorney need any additional information. As a matter of First Amendment law, elected officials may vote on governmental decisions affecting their campaign contributors. (Woodland Hills Homeowners Assn. v. City of Los Angeles (1980) 26 Cal. 3d 938.) Similarly, the state’s conflict of interest laws do not in any way restrict elected officials from voting on matters involving individuals or entities which have contributed to their campaigns. (FPPC Advice Letter to Leslie Murad (11/29/01) No. A-01-267 [city councilperson running for State Assembly could accept campaign contributions from parties with matters before city council]; FPPC Advice Letter to Mary Jackson (1/12/09) A-08-212 [contributions from company’s agent do not affect ability of city councilperson to vote on council matters involving company].) James R. Sutton The Sutton Law Firm 150 Post Street, Suite 405 San Francisco, CA 94108 415/732-4501 0 415/359-7701 m jsutton@campaignlawyers.com PGR_000717