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Kevin Johnson FFPC complaint 12-03-2012

Kevin Johnson FFPC complaint 12-03-2012

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Published by Isaac Gonzalez
Sacramento Mayor Kevin Johnson
Sacramento Mayor Kevin Johnson

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Categories:Types, Business/Law
Published by: Isaac Gonzalez on Dec 04, 2012
Copyright:Attribution Non-commercial

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12/04/2012

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1STIPULATION, DECISION AND ORDERFPPC No. 12/555
GARY S. WINUKChief of EnforcementNEAL P. BUCKNELLSenior Commission Counsel
FAIR POLITICAL PRACTICES COMMISSION
 
428 J Street, Suite 620Sacramento, CA 95814Telephone: (916) 322-5660Facsimile: (916) 322-1932Attorneys for ComplainantBEFORE THE FAIR POLITICAL PRACTICES COMMISSIONSTATE OF CALIFORNIAIn the Matter of:KEVIN JOHNSON,Respondent.FPPC No. 12/555STIPULATION, DECISION AND ORDER
STIPULATION
Complainant, the Enforcement Division of the Fair Political Practices Commission, andRespondent Kevin Johnson, agree that this Stipulation will be submitted for consideration by the FairPolitical Practices Commission at its next regularly scheduled meeting.The parties agree to enter into this Stipulation to resolve all factual and legal issues raised in thismatter and to reach a final disposition without the necessity of holding an additional administrativehearing to determine the liability of Respondent.Respondent understands, and hereby knowingly and voluntarily waives, any and all proceduralrights set forth in Government Code sections 83115.5, 11503 and 11523, and in California Code of Regulations, title 2, sections 18361.1 through 18361.9. This includes, but is not limited to the right toappear personally at any administrative hearing held in this matter, to be represented by an attorney atRespondent
’s
own expense, to confront and cross-examine all witnesses testifying at the hearing, tosubpoena witnesses to testify at the hearing, to have an impartial administrative law judge preside overthe hearing as a hearing officer, and to have the matter judicially reviewed.
 
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2STIPULATION, DECISION AND ORDERFPPC No. 12/555
It is further stipulated and agreed that Respondent committed 25 violations of the PoliticalReform Act. These violations are described in Exhibit 1, which is a true and accurate summary of thefacts in this matter. Exhibit 1 is attached hereto and incorporated by reference as though fully set forthherein.Respondent agrees to the issuance of the Decision and Order, which is attached hereto, andRespondent agrees to the Commission imposing upon him an administrative penalty in the amount of $37,500. One or more checks or money orders totaling said amount
 — 
to be paid to the General Fund of the State of California
 — 
is/are submitted with this Stipulation as full payment of the administrativepenalty described above, and same shall be held by the State of California until the Commission issues itsDecision and Order regarding this matter. The parties agree that in the event the Commission refuses toaccept this Stipulation, it shall become null and void, and within fifteen (15) business days after theCommission meeting at which the Stipulation is rejected, all payments tendered by Respondent inconnection with this Stipulation shall be reimbursed. Respondent further stipulates and agrees that in theevent the Commission rejects the Stipulation and a full evidentiary hearing before the Commission ///  ///  ///  ///  ///  ///  ///  ///  ///  ///  ///  ///  ///  /// 
 
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3STIPULATION, DECISION AND ORDERFPPC No. 12/555
becomes necessary, neither any member of the Commission, nor the Executive Director, shall bedisqualified because of prior consideration of this Stipulation.Dated: _______________________ ____________________________________Gary S. Winuk, Chief of EnforcementFair Political Practices CommissionDated: _______________________ ____________________________________Kevin Johnson, Respondent
DECISION AND ORDER
The foregoing Stipulation
of the parties “
In the Matter of Kevin Johnson
,” FPPC No.
12/555,including all attached exhibits, is hereby accepted as the final decision and order of the Fair PoliticalPractices Commission, effective upon execution below by the Chairman.IT IS SO ORDERED.Dated: _______________________ ____________________________________Ann Ravel, ChairFair Political Practices Commission

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