FPPC denies bid to vacate default in former city‑council candidate case

The Fair Political Practices Commission voted Feb. 13 to deny a motion to vacate a default decision filed by Sandy Genas, a former candidate in a 2016 city council race. The commission decided 5–0 that Genas had not shown the “good cause” required under statute to reopen a default previously approved by the commission.

General Counsel David Bainbridge and Chief Enforcement James Lindsey explained the limited legal standard for a motion to vacate: the moving party must show they did not receive notice of the accusation or demonstrate mistake, inadvertence, surprise or excusable neglect. Staff reported the agency had a proof of personal service of the accusation, multiple prior notices from filing officers and the enforcement division, and no substantiated medical‑emergency or other extraordinary reason that would excuse non‑participation.

Commissioners examined the factual record and past practice. Some commissioners emphasized compassion and the agency’s interest in compliance; others noted the respondent had many opportunities to engage, had been personally served, and had not responded over multiple years. Staff described the agency’s practice of posting pre‑notice defaults and seeking to obtain participation where possible; they also noted the commission had denied a similar motion in the recent past when the statutory standard was not met.

A motion to deny the request prevailed. Roll call: Delia Baker: aye; Alf W. Brandt: aye; Elsa Ortiz: yes; William Wilson: aye; Chair David Silver: aye. The motion to vacate was therefore denied, and the default stands. Staff noted the respondent retains any collection or post‑default remedies available under statute and noted the commission’s collections regulation that may permit executive‑director‑level crediting or reductions after reasonable collection attempts.