Consumers Union of U.S., Inc. v. Cal. Milk Producers Advisory Bd.

We must determine whether the Fair Political Practices Commission (FPPC) validly interpreted the California Government Code section 87103 phrase “public generally” so as to continue to allow members of an industry to serve on state decision-making boards affecting their industry. We conclude that the FPPC’s interpretation of “public generally” is consistent with the Political Reform Act (PRA).

Plaintiffs Consumers Union of United States, Inc., California Citizen Action Group, and Disabled and Blind Action Committee of California, filed a complaint on May 5, 1976, alleging three causes of action against the FPPC, the Californiá Milk Producers Advisory Board (hereafter Board) and individual members of both agencies. One cause of action sought a peremptory writ of mandate to compel the FPPC to enforce conflict of interest section 87103. The complaint alleged that California Administrative Code, title 2, section 18703, subdivisions (c) and (d), conflicted with section 87103. The trial court agreed with plaintiffs and issued a peremptory writ of mandate ordering the FPPC to vacate the regulation. Judgment was entered and this appeal followed.

We first must determine whether…