The California Fair Political Practices Commission on May 15 denied a motion to vacate a default decision in the enforcement matter involving respondent Damian Morgan, meaning the previously entered default order will stand unless later altered through collections or other enforcement steps.

The commission voted unanimously to deny the motion after hearing from General Counsel David Bainbridge and from Morgan himself. Bainbridge explained the statutory standard: the commission may vacate a default and grant a hearing on a showing of “good cause,” which can include failure to receive notice, mistake, inadvertence, surprise, or excusable neglect. He told commissioners the statute focuses on whether there is justification for reopening the administrative process rather than the merits of the underlying allegations.

Respondent Damian Morgan spoke to the commission in person. Morgan described his background in Marin City and said he lacked sufficient education about the filing process and took “100% responsibility” for failing to respond to enforcement contacts. He asked for leniency, saying he has medical issues and that staff in Marin County had been in contact with him. “I take responsibility, and I ask from the depths of me for leniency in this process,” Morgan said.

Commissioners discussed the record of outreach described by enforcement staff. Chair Silver summarized three factors he was weighing: how many contacts were attempted, how the respondent responded, and whether there was a reasonable basis for nonresponse. He noted enforcement had documented multiple contacts over several years and that the respondent filed the required form 700s only after the default decision was already approved.

Commissioner Ortiz said the repeated, clear notices made it difficult to find good cause. Commissioner Wilson emphasized the staff resources expended on the case—estimated in the “hundreds of hours” by enforcement—and expressed sympathy but reluctance to support vacating the default given limited agency resources. Executive Director Galena West explained the FPPC has a collections regulation and process and that vacating the default would send the matter back to enforcement and potentially to a hearing or settlement; it would not automatically eliminate penalties.

A motion to deny the request to vacate the default was made and seconded, and the roll call vote recorded Commissioners Brandt, Ortiz, Wilson and Chair Silver voting aye. The motion passed, and the default decision will proceed under the commission’s enforcement and collections procedures.

Commission staff and general counsel underscored that if the motion had been granted the matter would have been treated as if a default had not occurred — i.e., enforcement could still seek fines and settlements reflecting staff time and comparable case law.

Morgan addressed the commission again after the vote to thank members and to reiterate his commitment to educate his community about filing requirements.

The commission did not take further action on penalties at the meeting; staff will proceed under the existing default order and collections rules.