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HomeMy WebLinkAbout09-25-2012 c3 constitutional amendment resocounci ljAGO') OA Rep ORt 'Meeting Dat e 9/25/1 2'Item Number IC3• C I T Y O F S A N L U I S O B I S P O FROM :Michael Codron, Assistant City Manage r Prepared By :April Richardson, Administration Executive Assistan t SUBJECT :RESOLUTION SUPPORTING CONSTITUTIONAL AMENDMENT RESTRICTIN G CORPORATE SPENDING IN THE ELECTORAL PROCES S RECOMMENDATIO N Adopt a resolution supporting a Constitutional Amendment or legislative actions restricting corporat e spending in the electoral process and ensuring that only human beings, not corporations, hav e constitutionally protected rights of free speech. DISCUSSION On September 4, 2012, Council received a presentation from Move to Amend, encouraging adoption of a resolution in support of the movement to restrict corporate spending in elections . Council directed staff to evaluate the issue and return with a recommendation on the September 25 agenda . The U .S . Supreme Court's 5-4 ruling in Citizens United v . the Federal Election Commission rolled back lega l restrictions on corporate spending in the electoral process by abolishing legal limits on personal an d •corporate spending. The ruling endowed corporations with constitutional rights and protected corporat e spending under the Constitutional Amendment of free speech . Move to Amend is a coalition of organizations and individuals that supports an amendment to the Unite d States Constitution to state that inalienable rights belong to human beings only, and that spending money o n campaigns is not a form of protected free speech under the First Amendment and can be regulated . Move to Amend has successfully petitioned hundreds of municipal agencies across the country to adopt resolutions restricting corporate funding in elections . Adoption of the attached resolution by the City Council would support a Constitutional Amendment a s requested by Move to Amend . The attached resolution was modeled on those adopted by other jurisdiction s in the State . The resolution focuses on the overwhelming impact on the electoral process that results fro m allowing unlimited spending by corporations to influence elections, candidates, and policies, and states tha t the City of San Luis Obispo recognizes the importance of fair and democratic elections . FISCAL IMPAC T There is no fiscal impact associated with adoption of this Resolution . ATTACHMEN T Draft Resolution nsaWtional amendment reso (codmn)kar-mnsOWEonaamentlresodocx• C3-1 RESOLUTION NO.(200X Series ) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O SUPPORTING A CONSTITUTIONAL AMENDMENT RESTRICTING CORPORAT E SPENDING IN THE ELECTORAL PROCES S WHEREAS,the 2010 U .S . Supreme Court decision Citizens United v . Federal Electio n Commission extended individual free speech rights to corporations by holding that corporation s have the same First Amendment rights to free speech as individual persons ; and WHEREAS,the Supreme Court ruled that the First Amendment prohibits governmen t from restricting political expenditures by corporations ; an d WHEREAS,the prohibition against legal restrictions on political expenditures b y corporations has an overwhelming impact on the electoral process allowing unlimited spendin g by corporations to influence elections, candidates, and policies ; and WHEREAS,the Citizens United decision supersedes state and local efforts to regulat e corporate activity in theft elections ; and WHEREAS,the City of San Luis Obispo recognizes the importance of fair an d democratic elections . NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s Obispo that the City join with other cities across the country seeking an amendment to the Unite d States Constitution to limit the individual rights of corporations and restrict corporate spending i n the electoral process . BE IT FURTHER RESOLVED that Senators Barbara Boxer and Dianne Feinstein, an d Congressperson Lois Capps receive a copy of this resolution . Upon motion of , seconded by and on the following vote : AYES : NOES : ABSENT : The foregoing resolution was adopted this day of 200x . • • • C3-2 Mayor Jan Marx ATTEST : Maeve Kennedy Grime s City Clerk APPROVED AS TO FORM : J . Christine Dietric k J . Christine Dietric k City Attorney • Page intentionally lef t blank .