Money matters [continued from page 39] • The agency must publicly report the payment on FPPC Form 801, which essentially provides details of who, when, where, source, what and how much. A common example of this situation is when a company wants to demonstrate a new product or process to a public agency in the hope that the agency will purchase the product or process from the company. The travel payment, if it meets all of the above requirements, would not have to be reported as a gift by the individual who traveled but would have to be reported by the agency on Form 801. Travel in connection with a campaign committee Payment to an official, who is a candidate, in connection with the candidate’s campaign activities is a contribution, rather than a gift, to that official’s campaign committee. Furthermore, any payment to an official at the behest of a campaign committee for the official’s travel must be reported by that committee under applicable law, whether state ( if a state campaign) or federal (if a federal campaign) law. (2 CCR 18950.3, formerly 18950.4.)
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Travel in connection with giving a speech or other presentation When a public official gives a speech, participates in a panel, or is otherwise making a “substantive formal presentation” at a seminar or similar event, the costs of admission (if provided by the event’s organizer) and food is not a gift subject to the FPPC gift limits. But, the public official still has to report the payment. (See Government Code section 85906; 2 CCR 18942, 2 CCR 18950.) The FPPC’s goal in adopting these new provisions, which both restructure and expand pre-existing FPPC regulations concerning travel, was to clarify and streamline existing regulations. Public officials and designated employees may have differing opinions as to whether the new regulations meet that goal. However, there is probably clear agreement that the rules must be reviewed carefully as to travel payments to avoid any missteps.