Bill to Close FPPC Files to Public View Revived

Waiving rules, the Senate on Monday moved to resurrect a previously killed bill that would close to public scrutiny the investigative files of the Fair Political Practices Commission.

Sen. Ralph C. Dills (D-Gardena), chairman of the Senate Governmental Organization Committee, said that backers of the legislation now have the necessary six votes needed for the bill to be reconsidered by his committee, which last week rejected it on a 3-6 vote despite the endorsement of legislative leaders of both political parties.

The Fair Political Practices Commission, created in the aftermath of the Watergate scandal to act as a watchdog over political activity in California, has been operating under a set of regulations that bar release of investigative files unless the commission decides otherwise.

Those regulations were challenged in a lawsuit filed against the commission by the San Jose Mercury News, which sought to prevent the panel from destroying files on its investigation into business ties between former Assemblyman Frank Vicencia (D-Bellflower) and convicted political corrupter W. Patrick Moriarty. A court last week ruled preliminarily in the newspaper’s favor.

Senate Majority Leader Barry Keene (D-Benicia) said he would propose an amendment to the measure to provide for a judicial appeal process if the commission declines to open its investigative files to the public.

“The intent of this compromise amendment is to deal with both sides,” Keene said, “to protect the innocent officeholder from unfounded charges, and to allow the media to make its case before an independent adjudicator.”

Informed that a Senate rule had been waived to permit reconsideration of his measure, Assemblyman Elihu Harris (D-Oakland), the bill’s author, acted surprised and said he did not know whether he would support the proposed amendment. “I have to talk to some people,” he said.