CCFCC Applauds Fair Political Practices Commission Opening Investigation of Fish and Game Commissioner Mike Sutton.

Sutton Violated Conflict of Interest Laws

FPPC Opens Formal Investigation

SACRAMENTO, Calif. -- The following is a statement from the CCFCC:

On Tuesday, May 19, 2009, the California Fair Political Practices Commission disclosed that the Enforcement Division of the Fair Political Practices Commission (the "FPPC") has opened a formal investigation into Fish and Game Commissioner George Michael Sutton. This action is in response to the sworn complaint against Sutton filed by the Central Coast Fisheries Conservation Coalition (CCFCC) and the CCFCC fully supports the FPPC action.

Sutton is charged with violating the Political Reform Act (PRA) of 1974 because of his conflicts of interest on votes on the Marine Life Protection Act (MLPA) while serving on the Fish and Game Commission. "The CCFCC has more aggressive legal avenues to pursue if Commissioner Sutton does not resign," said CCFCC President Melvin de la Motte. "Such measures could result in civil money damages against Sutton, but we are hopeful that he will do the right thing for California."

Specifically, Sutton's action in voting to approve the Draft Master Plan of the MLPA violated the PRA because it was reasonably foreseeable that the decision would have a material financial effect on his own income and on his employer and source of income, the Monterey Bay Aquarium Foundation (Aquarium). As Vice President and founding director of the Aquarium's Center For the Future of the Oceans, Sutton is paid a salary to influence policy and to support efforts to create a network of marine protected areas (MPAs) in California and offshore waters, including fully protected marine reserves.

Had Sutton voted to amend the existing MPAs for the Central Coast (which are included in the Master Plan), he would have been voting to gut or weaken a system of MPAs in which, his employer exults, the Center for the Future of the Oceans, under his stewardship, played a "key role" in having adopted.

Sutton's conflicts do not derive solely from the mere fact that he is a salaried employee of the Aquarium. He is in fact closely connected to many of the key players involved in the process of implementing the MLPA and these connections create conflicts under the Political Reform Act (See Chart).

Sutton also violated the Fish and Game Commission's own conflict code by failing to disclose as required by law his employment with the Aquarium.

Sutton's participation in any Fish and Game Commission decision relating to MPAs or to the establishment of limitations on fishing is prohibited under the PRA and a cease and desist order must be issued restraining Sutton from participating in such decisions.

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