HomeMy WebLinkAbout10-09-13 Interim City Clerk Sheryll SchroederSchroeder, Sheryll
From: Schroeder, Sheryll
Sent: Wednesday, October 09, 2013 8:43 AM
To: 'Andrea Devitt (andrea.devitt39 @yahoo.com)'
Subject: Additional Materials For Election Campaign Review Committee
Attachments: Brown Act.pdf, Contributions.pdf; Santa Cruz.pdf, 497.pdf
Please find additional information for your next Committee meeting. These are things we discussed. Thanks for your
assistance, Sheryll
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ORDINANCE NO. 2004 -16
\r
AN ORDINANCE OF THE CITY OF SANTA. CRUZ AMENDING SECTIONS 2.10.030 AND
2.10.060, REPEALING SECTIONS 2.10.040 AND 2.10.050, AND ADDING SECTION
2.10.055 TO THE SANTA CRUZ MUNICIPAL CODE PERTAINING TO CITY COUNCIL
ELECTION CAMPAIGN EXPENDITURES AND CONTRIBUTIONS
BE IT ORDAINED By The City Of Santa Cruz As Follows:
Section 1. Section 2.10.030 of the Santa Cruz Municipal Code is hereby amended to read as
follows:
"2.10.030 BENEFITS AND INCENTIVES
(a) The City Council candidate will receive the benefits and incentives prescribed in
subsection (b) when the City Council candidate does each of the following:
(1) Voluntarily agrees to limit campaign expenditures and contributions in accordance
with this chapter;
(2) Thereafter abides by that agreement;
(3) Forms a controlled campaign committee in accordance with California
Government Code section 84101 (without regard to whether or not the candidate intends to snake
campaign expenditures in the minimum amount called for by Political Reform Act of 1974,
-� Chapter 4, Campaign Disclosure);
(4) Either spends $1,000.00 in support of his or her candidacy or procures 250
signatures of City electors;
(5) On behalf of the candidate and candidate's campaign committee, agrees not to
accept campaign contributions from an individual, corporation or other entity (other than an
"organizational contributor" as defined below)of greater than $250.00 in value (other than
contributions made by the candidate herself or himself) per election in support of his or her
candidacy indexed by the applicable cost of living adjustment ( "COLA "); and
(6) On behalf of the candidate or candidate's committee, agrees to accept
organizational contributions only under the following conditions:
(i) Organizational contributions shall not exceed a total of $600.00 indexed
by the applicable COLA;
(ii) The organizational contributor has received no contributions from
individuals which exceed the limitations established in this chapter for total contributions to
candidates or committees by individuals;
(iii) The organizational contributor has reported all individual contributions
pursuant to the provisions of this chapter and any applicable provisions of state law. If the
organizational contributor is not required to formally organize under the Political Reform Act of
1974, as amended in 2001, then the organizational contributor shall make complete contribution
information available upon written request of the City.
(b) A City Council candidate who performs each of the acts delineated in subsection
(a) shall receive the following benefits and incentives at no cost to themselves or their
candidate's campaign committee:
(1) Committees formed in support of a City Council candidate may maintain
' electronic campaign finance records from July first through January thirty-first for each election.
f. ORDINANCE NO. 2004-16
The City will provide the vendor, as approved by the Secretary of State and the City will pay for
the cost of maintaining the required filings during that period.
(2) Candidates who agree to abide by the voluntary campaign expenditure and
contribution limits shall be identified prominently on the City's website with a 400 word written
statement. The statement will be printed exactly as submitted with no editing by staff.
Statements which exceed 400 words will be returned to the candidate who shall be responsible
for editing the statement to comply with the 400 word limitation and resubmitting the statement.
One photograph of the candidate supplied by the candidate shall be allowed as part of the
statement.
(i) The candidate's statement must be submitted on a computer diskette in a
form compatible with the system employed by or approved by the City Clerk's Department or
alternatively by e-mail to the City Clerk's Department.
(ii) The candidate's statement must conform to candidate statement guidelines
provided by the City Clerk and the content shall be consistent with the requirements of Elections
Code section 13307(a)(1).
(iii) A disclaimer shall accompany all such website postings that City Council
candidate statements have been posted by the City in the form submitted by the candidate
without editing, proofreading, or spell - checking by the City, that the opinions and statements set
forth are those of the candidates to whom they are attributed and do not reflect the City's official
positions on issues addressed in the statement, that the candidate's statement is not a City
endorsement of any candidate's candidacy, that the information is submitted to the voters by the
City as a service to assist voters and for informational purposes only, and that the statement is not
intended to, and does not, exempt any candidate or statement author from civil or criminal
liability for any false, slanderous or libelous statements set forth on the City's website.
(iv) The candidate's statement may be printed in English and /or a foreign
language of the candidate's choice; however, the City will not provide translation services to the
candidate and more than one statement in different languages will not be permitted if
cumulatively the statements would exceed 400 words.
(v) Candidates may submit one statement at any time prior to the election.
The City will post the statement within four business days of submittal.
(vi) Candidates will appear on the website in the alphabetical order drawn by
the Secretary of State for the ballot.
(vii) The website will clearly identify whether each candidate has agreed to
voluntary spending and contribution limits.
(c) Should a City Council candidate agree to voluntary campaign expenditure and
contribution limitations and thereafter, whether intentionally or inadvertently, fail to abide by that
agreement, the candidate, upon discovering said failure, shall immediately notify the City Clerk
who shall then, to the extent feasible, cease conferring the benefits and incentives afforded by
this chapter. Candidates who fail to abide by their agreement shall be responsible for
reimbursing the City for costs incurred by the City pursuant to this chapter in reliance upon the
agreement.
(d)(i) As used in this section the term "applicable cost of living adjustment" or "COLA"
shall refer to the Consumer Price Index (CPI) for all urban consumers for the San
Francisco /Oakland Bay Area (all items) provided by the U.S. Bureau of Labor Statistics as
2
ORDINANCE NO. 2004-16
indexed from a base year that commences as of November 2000. Updated COLA adjustment
information shall be made available annually, and shall be rounded to the nearest increment of
five dollars.
(ii) As used in this section the term "organizational contributor" and "organizational
contribution" shall refer to contributions made by non- connnercial organizations such as political
action committees or special interest groups formed by individuals or entities that have common
interests with the objective, among others, to actively participate in the political/electoral process
so as to advance and foster their organizational goals."
(e) Expenditures for legal fees and costs incurred in connection with any litigation arising
out of an election campaign shall be exempt from the contribution and expenditure limitations of
this Chapter.
(f) In addition to any regular City Council election, the benefits and incentives of this
Chapter shall also be available in any recall election.
Section 2. Section 2.10.040 of the Santa Cruz Municipal Code is hereby repealed.
Section 3. Section 2.10.050 of the Santa Cruz Municipal Code is hereby repealed.
Section 4, Section 2.10.055 is hereby added to the Santa Cruz Municipal Code to read as
-- follows:
"Section 2.10.055 OTHER CITY COUNCIL CANDIDATES' STATEMENTS ON CITY'S
WEBSITE
City Council candidates who do not agree to voluntary campaign expenditure and
contribution limitations or who otherwise do not qualify for inclusion on the City's website may
appear on the website by tendering a fee to the City Clerk. The amount of the fee shall be
equivalent to the fee charged by the County Elections Office for the candidates' inclusion in the
sample ballot prepared by the County Elections Office pursuant to California Elections Code
section 13307.
Section 5. Section 2.10.060 of the Santa Cruz Municipal Code is hereby amended to read as
follows:
"2.10.060 CALCULATION OF VOLUNTARILY LIMITED CAMPAIGN
EXPENDITURES
(a) City Council candidates who agree to adhere to voluntary campaign expenditure
limitations in accordance with this chapter shall be allowed to spend on their City Council
campaign no more than the voluntary campaign expenditure limitation cap as established by the
City Clerk prior to the City Council election. The voluntary campaign expenditure limitation cap
shall be calculated at a rate which corresponds to $0.35 per City resident. In determining the
appropriate number of City residents for purposes of this calculation, the City Clerk shall use the
most recent number established by the California Department of Finance. By way of example: If
ORDINANCE NO. 2004-16
1
the City population. is 50,000 residents, a candidate who agrees to voluntary campaign
expenditure limitations will be authorized to spend a maximum of $17,500.00 ($0.35 x 50,000)
on his or her City Council campaign. The $0.35 figure referenced in this section shall be
adjusted by the City Clerk each year for which a City Council election is scheduled. For City
Council elections conducted with the City's general municipal election, the adjustment will be
made on June 1. For special municipal elections called to fill a vacant seat on the City Council,
the adjustment will be made ninety days before the election. The adjustment called for by this
section shall be the cost of living adjustment (COLA) computed by reference to the Consumer
Price Index (CPI) for all urban consumers for the San Francisco /Oakland Bay Area (all items)
provided by the U.S. Bureau of Labor Statistics as indexed from a base year that commences in
November 2002.
(b) The voluntary campaign expenditure limitation called for by this section shall not
include any expenditures made by the candidate or by the candidate's campaign committee in
connection with the preparation and publication of the candidate's statement of qualifications in
the sample ballot pamphlet published in accordance with California Elections Code section
13307.
(c) Any campaign committee formed by or on behalf of an indigent candidate
pursuant to Business and Professions Code section 8030.4(11 and City of Santa Cruz Resolution
No. NS- 18,233 shall be responsible for reimbursing the City for any costs incurred by the City
l with regard to the preparation and publication of the candidate's statement of qualifications in the
sample ballot pamphlet published in accordance with California Elections Code section 13307."
J Section 6. This Ordinance shall be in force and effect thirty (30) days after final adoption.
PASSED FOR PUBLICATION this 11'h day of May, 2004, by the following vote:
AYES: Vice Mayor Rotkin; Councihmembers Primack, Reilly, Mathews;
Mayor Kennedy,
NOES: Councilmembers Fitzmaurice, Porter.
ABSENT: None.
DISQUALIFIED: None.
ATTEST:
City Clerk
APPROVED:
4
Mayor
. 1. rt
ORDINANCE NO. 2004-16
i
PASSED FOR FINAL ADOPTION this 25th day of May, 2004, by the following vote:
AYES: Vice Mayor Rotkin; Councilmembers Primack, Reilly, Mathews;
Mayor Kennedy,
NOES: Councilmembers Fitzmaurice, Porter.
ABSENT; None,
DISQUALIFIED: None.
APPROVED:
Mayor
ATTEST:
City Clerk
This is to certify that the above
and foregoing document is the
original of Ordinance No. 200446
and that it has been published or
posted in accordance with the
Charter of the City of Santa Cruz.
City Clerk
5
CONTRIBUTIONS 2012 & 2013
Contributions from the 2013 campaign:
Candidate A $28,149 + $2,615 Supplemental report
Candidate B $20,935 + $ 324 Supplemental report
Candidate C $4,977 + 324 Supplemental report
Candidate D $14,966 + $2,782 Supplemental report
Contributions from the 2012 campaign:
Candidate A $21,191 + $3,575 Supplemental report
Candidate B $ 4,499 + $ 99 Supplemental report
Candidate C $21,190 + $ 250 Supplemental report
Candidate D $ 4,046 + $ 0 Supplemental report
Candidate E $25,980 + $1,590 Supplemental report
Candidate F $ 8,156 + $ 400 Supplemental report
Candidate G $22,144 + $1,000 Supplemental report
POLITICAL ACTION COMMITTEES:
Contributions from the 2013 campaign:
Fire PAC $0
SLO Police & Fire No report filed since 2010
Contributions from the 2013 campaign:
Fire PAC $0
Contributions from the 2013 campaign:
SLO Citizens for Fiscal Responsibility Measures A & B (Ballot Measure Committee)
2010 $44,637 (contributions well in excess of the $200 limit)
The ABCs of Open
Government Laws
The underlying philosophy of the open government laws
is that public agency processes should be as transparent
as possible. Such transparency is vital In promoting
public trust in government. Conducting government
openly and transparently is an opportunity to include
the public in decision- making processes and demonstrate
that the agency has nothing to hide.
This concept of governmental transparency is so
important to the public that some 83 percent of voters
supported adding it to California's constitution.
CALIFORNIA'S TRANSPARENCY LAWS
REQUIRE PUBLIC OFFICIALS TO:
A. Conduct the public's business in open and
publicized meetings, except for the limited
circumstances under which the law allows
closed sessions.
B. Allow the public to participate in meetings.
C. Allow public inspection of documents
and records generated by public agencies,
except when non - disclosure Is specifically
authorized by law.
This pamphlet summarizes these three requirements for
local officials In broad terms. For Information about how
these requirements apply in any given situation or more
Information about this area of the law in general, local officials
are encouraged to consult with their agency attorneys.
The law also requires certain local officials to be transparent
about their personal financial interests and relationships.
For more information about these requirements, please
see the Institute's bookmark entitled "Key Ethics Law
Principles for Local Officials" and Local Official's
Reference on Bthlcs Laws. Both are available at
www.ilsg.org/trust,
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A CONDUCTING THE
nusuc•s susiNEss
. IN Pusuc
GENERAL RULES
✓ Public agency decision - making bodies — which
include many advisory committees — must conduct
their business in an open and public meeting.
✓ A "meeting" is any situation Involving a majority of
a decision - making body in which agency business is
transacted or discussed, In other words, a majority
of the governing body cannot talk privately about an
issue before the body no matter how the conversation
occurs, whether by telephone or a -mall, or at a local
coffee shop.
✓ These are legal minimums for local governmental
transparency in decision - making; local agencies can
provide for greater transparency.
KEY THINGS TO KNOW
• Committees and Advisory Bodies. Advisory groups
or committees formally created by the governing body
are subject to the open meeting laws. Standing committees
are subject to the open meeting laws if they have a
continuing subject- matter jurisdiction or have a meeting
schedule fixed by formal action of the governing body.
• Serial Meetings. A key thing to avoid is unintention-
ally creating a "serial" meeting -a series of communications
that result In a majority of governing body members
having conferred on an issue,
EXAMPLE
If two members of a five - member governing
body consult outside of a public meeting
which is not in and of itself violation) about
an issue before the body and then one of
those individuals consults with a third member
on the some issue and shares what the first
member is thinking, a majority of the body
has consulted on the same issue. Note the
communication does not need to be in person
and can occur through a third party. For
example, sending or forwarding e-mail can
be sufficient to create a serial meeting, as
can a staff member's polling governing body
members in a way that reveals the members'
positions to one another.
M*
• Posting and Following the Agenda. In general,
public officials may only discuss and act on Items
included on the posted agenda for a meeting. However,
governing body members or staff may briefly respond
to questions or statements during public comments that
are unrelated to the agenda items. .Officials can also
make requests to staff to place a matter on the agenda
for a subsequent meeting. Only under extraordinary
circumstances can matters be added to the agenda,
• Permissible Gatherings. Not every gathering of
governing body members outside a posted meeting
violates the meeting laws. For example, an open
meeting violation would not occur If a majority of
the governing body attended the same educational
conference or attended a meeting not organized by
the local agency as long as agency business is not
discussed during the gathering. Nor is attendance at a
social or ceremonial event in and of Itself a violation.
The basic rule to keep In mind Is a majority of the
governing body members cannot gather and discuss
agency business except at an open and properly
noticed meeting.
• Closed Sessions. The open meeting laws include
provisions for closed discussions under very limited
circumstances (see "typical closed sessions issues"
at right). However, the reasons for holding the closed
session must be noted in the agenda and different
disclosure requirements apply to different types of
closed sessions.
• Disclosure of Confidential Information Prohibited.
The decision to disclose confidential information
received in closed session is one that is generally made
by the body as a whole, not individual members.
Among the remedies for unlawful disclosure is referral
to the grand jury, which has authority to remove
officials for corrupt or willful misconduct in office.
Because of the complexity of the open meeting laws,
close consultation with an agency's legal advisor is
necessary to ensure that no missteps occur.
(See page 5 for information about consequences of
non - compliance with these rules.)
101�
Local agency open meetings laws vary in terms of
what kinds of closed sessions are allowed. The
following list is illustrative. Consult with agency
counsel concerning 1) whether a particular type of
closed session is available to your agency, 2) under
what circumstances, and 3) what disclosure require-
ments apply before and after the closed session.
Personnel. To consider the appointment,
employment, evaluation of performance, discipline,
or dismissal of a public employee, or to hear
complaints against an employee.
Litigation. To confer with or receive advice from
an agency's legal counsel with respect to existing,
threatened or potential litigation.
Real Estate Negotiations. To provide direction to
the agency's negotiator on the price and terms under
which the agency will purchase, sell, exchange or
lease real property.
Labor Negotiations. To meet with the agency's
labor negotiator regarding salaries and benefits and
other matters within the scope of labor negotiations.
Student Disciplinary Issues. (For school districts
and community college districts) To consider
discipline of a student if a public hearing would
result in disclosure of prohibited information, after
notifying the student (or parents in the case of minor
students) and if they do not request a public hearing.
Grand Jury Proceedings. To allow testimony in
private before a grand jury (either individually
or collectively).
License Applicants with Criminal Records.
To allow an agency to determine whether a would -
be licensee with a criminal record is sufficiently
rehabilitated to obtain the license,
Public Security. To confer with designated law
enforcement officials regarding threats to public
facilities and services or the public's right to access
those services and facilities.
Multi- jurisdictional Law Enforcement Agency.
'to discuss ongoing criminal Investigations.
Hospital Peer Review and Trade Secrets.
To discuss issues related to medical quality
assurance or trade secrets.
B THE PUBLIC'S RIGHT
TO PARTICIPATE IN
•
MEETINGS
GENERAL RULES
�! Democracy in Action. The public has a right to
address the governing body at any open meeting.
An elected official's role is to both hear and evaluate
these concerns.
✓ The Public's Right to be Heard. Generally, every
agenda must provide an opportunity for the public to
address the governing body on any item of interest to
the public within the body's jurisdiction, If the issue
of concern is one pending before the legislative body,
the opportunity must be provided before or during
the body's consideration of that issue.
✓ Posting and Following the Agenda. The open
meeting laws require the public be informed of the
time of and the issues to be addressed at each meeting.
The agenda must be posted at least 72 hours in advance
of a meeting and written in a way that informs people
of what business will be discussed. Members of the
public may request a copy of the agenda packet be
mailed to them at the time the agenda is posted or
upon distribution to the governing body. Many local
agencies also post these materials on their websites.
There are a few exceptions to the 72 -hour requirement
that relate to unexpected circumstances.
KEY THINGS TO KNOW
• Taping or Recording of Meetings Is Allowed.
Anyone attending a meeting may record it with an audio
or video recorder unless the governing body makes a
finding the noise, illumination, or obstruction of view
will disrupt the meeting. Any tape or film made by the
local agency becomes a public record that must be
made available to the public for at least 30 days.
• Sign -In Must Be Voluntary. Members of the public
cannot be required to register their name or fulfill any
other condition for attendance or speaking at a
meeting. If an attendance list is used, It must clearly
state signing the fist is voluntary.
• Reasonable Time Limits May Be Imposed. Local
agencies may adopt reasonable regulations to ensure
everyone has an opportunity to be heard In an orderly
manner.
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• Dealing with Dissention. The chair cannot stop
speakers from expressing their opinions or their
criticism of the governing body. if a group willfully
Interrupts a meeting and order cannot be restored,
the room may be cleared. Members of the media must
be allowed to remain and only matters on the agenda
can be discussed.
• Other Notice and Hearing Requirements.
Other state laws may provide additional, subject -
specific notice and hearing requirements.
CONSEQUENCES OF NON - COMPLIANCE
• Nullification of Decision. As a general matter,
decisions that are not made according to the open
meeting laws are voidable. After asking the agency to
cure the violation, either the district attorney or any
interested person may sue to have the action declared
Invalid. Costs and attorneys fees may be awarded to
those who successfully challenge open meeting violations.
• Criminal Sanctions. Additionally, governing body
members who intentionally violate the open meeting
laws may be guilty of a misdemeanor. The penalty for a
misdemeanor conviction is Imprisonment in county jail
for up to six months or a fine of up to $1,000 or both.
• Other Measures. Either the district attorney or any
interested person may sue to remedy past and prevent
future violations of the open meeting laws. Another
remedy, under certain circumstances, is for a court
to order that all closed sessions be tape - recorded,
Costs and attorneys fees also may be awarded.
• Potential Civil Rights Violations. Regulations of
public participation beyond those allowed by applicable
statutory and constitutional law can be a civil rights
violation, which can include liability for attorneys fees.
C THE PUBLIC'S RIGHT
TO ACCESS AGENCY
•
RECORDS
GENERAL RULE
✓ Public agencies must generally make their records
available for Inspection by the public.
KEY THINGS TO KNOW
• Agenda and Meeting Materials. Copies of the
agenda materials and other non - attorney -client
documents distributed to the governing body must
be available to the public. Any materials distributed by
the local agency, its consultants, or decision- makers
must be available for public inspection at
the meeting. Materials prepared and distributed
by some other person must be made available
after the meeting.
• Scope of Access. The public has the right to see
any materials that are created as part of the conduct
of the people's business. These materials include
any writing that was prepared, owned, used, or
retained by a public agency. They include documents,
computer data, e- mails, facsimiles, and photographs.
• Presumption and Exceptions. A document is
presumed to be a public record unless an exception
applies. There are a number of exceptions. For
example, the "pending litigation" exemption exempts
documents that are prepared in support of ongoing
litigation (otherwise opposing counsel could obtain
all documents containing the agency's legal strategy
just by a §king for them).
Despite these exceptions, the safe assumption is virtually
all materials involved in one's service on the governing
body — including a -mails — are public records subject
to disclosure.
CONSEQUENCES OF VIOLATION
Anyone can sue the agency to enforce his or her right to
access public records subject to disclosure. if the agency
loses or otherwise produces the records as the result of
the lawsuit, it must pay costs and attorneys fees,
AB Page 93