In the Matter of Carolyn Hardy, FPPC Case No. 17/551, California Fair Political Practices Commission (FPPC) Enforcement Division Issues Advisory Letter to Carolyn Hardy, dated February 27, 2018

ABSTRACT: The Enforcement Division of the California Fair Political Practices Commission issues Administrative Fines and Penalties and Case Resolutions (Without Fine/Penalty). In the Matter of Carolyn Hardy, FPPC Case No. 17/551, Theresa Gilbertson, Commission Counsel Enforcement Division, wrote an Advisory Letter to Carolyn Hardy, dated February 27, 2018, regarding the Sworn Complain of Ian Martin. Specifically, “This letter arises from a sworn complaint alleging that you-in your capacity as a Carmel City Council member-had a conflict of interest regarding your participation in governmental decisions related to the Forest Theater.”  “Since you own real property within 50 feet of the Forest Theater, we considered whether the lease agreement would have a reasonably foreseeable material financial effect on your property's value. A financial effect need not be likely to be considered reasonably foreseeable. One consideration is: "[ w ]hether the public official has the type of financial interest that would cause a similarly situated person to weigh the advantages and disadvantages of the governmental decision on his or her financial interest in formulating a position."4 A financial effect would be material if the decision would "change the character of the parcel of real property by substantially altering traffic levels or intensity of use, including parking, of property surrounding the official's real property parcel, the view, privacy, noise levels, or air quality, including odors, or any other factors that would affect the market value of the real property parcel in which the official has a financial interest. "5 (emphasis added)”  “Given that the Forest Theater has been operating as an outdoor theater venue and will continue to operate as an outdoor theater venue under the new lease agreement, which is substantially similar to the prior lease agreement, it is not reasonably foreseeable that the new lease agreement will have any material impact on the value of your real property interest. Therefore, under the circumstances in this case, it's unlikely that any action you may have taken related to the new lease of the Forest Theater would result in a conflict of interest violation under Section 87100.” The Advisory Letter: In the Matter of Carolyn Hardy, FPPC Case No. 17/55 document copy is embedded. 
NOTE: On December 22, 2016, in a “Your Request for Advice” letter to Carolyn Hardy, Hyla P. Wagner, General Counsel, FAIR POLITICAL PRACTICES COMMISSION, stated “You raised additional questions regarding future Phase 2 master planning of the Forest Theater's parkland site; however, no particular decisions on these issues are before the City Council at this time. Mr. Freeman, the City Attorney, indicated in a recent email that the City is in the process of putting together a list of projects. You are also in the process of acquiring information. such as the possible location of these projects, so that we may analyze these questions. Please contact our office for additional advice when this information is available.” The Your Request for Advice Our File No. A-16-257 letter document copy is embedded.

17-00551 Carolyn Hardy - Advisory Letter - FINAL PDF by L. A. Paterson on Scribd

STATE OF CALIFORNIA

FAIR POLITICAL PRACTICES COMMISSION
February 27, 2018
Carolyn Hardy
RE: Advisory Letter: In the Matter of Carolyn Hardy, FPPC Case No. 17/551
Theresa Gilbertson,
Commission Counsel
Enforcement Division

REFERENCE:

Case Resolutions(Without Fine/Penalty)

Some cases resolve without the issuance of an administrative penalty. In those instances, the FPPC's Enforcement Division will issue a letter to the person or persons complained about to conclude the case. There are three types of letters used. 

1. Warning Letters – A Warning Letter is issued if a violation of the Act is found but the seriousness of the offense is low, public harm is minimal, and/or other mitigation is found so that a monetary fine is not warranted. Since no administrative penalty is imposed, these letters are issued by the Enforcement Division and do not require approval by the Commissioners. 
2. Advisory Letters - If there is insufficient evidence to prosecute a case but the person complained about appears to need information about the Act to ensure future compliance, the Enforcement Division closes the case with an advisory letter.
3. No Action Letters – If there is insufficient evidence to prosecute a case and no further information would be helpful or informative, the Enforcement Division issues a No Action Letter to conclude the case.

Hardy FPPC Your Request for Advice 2016 by L. A. Paterson on Scribd

STATE OF CALIFORNIA

FAIR POLITICAL PRACTICES COMMISSION
December 22, 2016
Carolyn Hardy
Re: Your Request for Advice
Our File No. A-16-257
Hyla P. Wagner
General Counsel