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HomeMy WebLinkAbout11-07-13 Minutes CITY OF SAN LUIS OBISPO ELECTION CAMPAIGN REGULATIONS COMMITTEE MINUTES Thursday, November 7, 2013 Finance and IT Conference Room, 990 Palm Street San Luis Obispo, California CALL TO ORDER A meeting of the Election Campaign Regulation Committee was called to order on Thursday, November 7, 2013, at 4:30 p.m. in the Finance and IT Conference Room, located at 990 Palm Street, San Luis Obispo, California, by Chair Griffin. ROLL CALL Committee Members Present: Jeri Carrol, Andrea Devitt, Wilda Rosene, Bob Shanbrom*, Vice Chair Allen Settle, Chair Ty Griffin * Committee Member Bob Shanbrom arrived at 5:12 p.m. Committee Member Absent: None Staff Present: Christine Dietrick, City Attorney, Anthony J. Mejia, City Clerk, and Heather Goodwin, Deputy City Clerk 1. APPROVAL OF MINUTES By unanimous consensus, the Committee approved of the minutes of the Election Campaign Regulation Committee Meeting of October 24, 2013. 2. PUBLIC COMMENT There were no members of the public desiring to speak. Minutes - Election Campaign Regulation Committee Page 2 3. ACTION PLAN FOR DISCUSSION Correspondence from Stew Jenkins concerning Election Campaign Regulations dated November 5, 2013 In response to Committee inquiry, City Attorney Dietrick summarized the allegations and potential implications raised in the correspondence received from Mr. Jenkins; noted that Mr. Jenkins letter indicates that individual contribution limits are effectively not going to withstand constitutional scrutiny over time and recommends that the regulations be allowed to expire to avoid a legal challenge in the future. By unanimous consensus (with Committee Member Shanbrom absent), it was recommended that the Election Campaign Regulations be extended for an additional four year period. Following discussion, it was agreed that the committee will reconsider Mr. Jenkins letter after considering other agenda items. Review the Role of the City Attorney in the Enforcement of the Existing Ordinance City Attorney Dietrick advised that there is potential that the public may perceive a conflict of interest when she is required to enforce Election Campaign Regulations against incumbent Council Members. In response to Committee inquiry, Ms. Dietrick explained that her state bar ethical obligations require that if she was unable to independently pursue her role that she would seek an independent outside prosecutor. Following discussion and by unanimous consensus (with Committee Member Shanbrom absent), it was recommended that Code Section 2.40.100 Civil Actions remain unchanged and the City Attorney retain her role as prosecutor in relation to Election Campaign Regulations. Correspondence from Bob Shanbrom concerning Election Campaign Regulations dated November 6, 2013 Chair Griffin pointed out that Committee Member Shanbrom has recommend ed the inclusion of the term “transparency” to Code Section 2.40.020(A)(1). The Committee agreed that the purpose and intent statement already embodies the sentiment of transparency and it is not necessary to revise the code. Minutes - Election Campaign Regulation Committee Page 3 Supplemental City Statement Committee discussion ensued relative to the impacts of requiring disclosure of contributions greater than $50, but less than $100, on the supplemental city campaign statement. By unanimous consensus (with Committee Member Shanbrom absent), it is recommended that the supplemental city campaign statement be eliminated. Contribution Limits During the course of deliberations, individual Committee Member(s) offered commentary as follows. The below points do not necessarily reflect Committee consensus:  People do not get power and influence from making campaign contributions.  Other local races such as County Supervisor and School Board Members do not have contribution limits.  It is not appropriate to retain contribution limits just because it’s the way things have been done.  There is a perception that money buys access and drives public policy.  If large sums of money are contributed, how does an elected portray themself as impartial representative of the community?  When money gets out of control, you don’t have a representative government or democracy.  If Political Action Committees injected large contributions into a local election it would be headline news.  It is a political issue to remove contribution limits and that should be a decision of the Council.  It is highly unlikely that a developer’s contributions to a Council Member would impact the outcome of a project before Council.  Contribution limits should be raised to $400 because it is difficult to keep books with odd numbers.  If the Committee desires to raise the contribution limits, there would be a higher rate of success if $300 is recommended.  The Committee should make policy recommendations based on our opinions and not on what Council will approve. By consensus (with Committee Member Devitt opposed and Committee Member Shanbrom absent), it is recommended that contribution limits be raised to $300. City Attorney Dietrick advised that the Council Agenda Report will include an evaluation of the legal factors addressed in the correspondence by Stew Jenkins; noted that if litigation is filled by Mr. Jenkins the Council will decide if defending the principles of contribution limits is in the best interest of the City. Minutes - Election Campaign Regulation Committee Page 4 Committee Member Shanbrom arrived at 5:12 p.m. Committee Member Devitt expressed grave concern that the committee is moving forward with retaining contribution limits despite the risk of litigation by Stew Jenkins. Chair Griffin noted for the record that the Committee read and discussed the correspondence from Mr. Jenkins and it is recommending that contribution limits be retained Representative to Present Recommendations to Council By straw poll vote, the committee selected Ty Griffin to present its recommendations to Council. 4. ADJOURNMENT The Committee agreed that it has concluded its business and no further meetings are necessary. The meeting adjourned at 5:30 p.m. Anthony J. Mejia City Clerk