HomeMy WebLinkAbout1990-07-24; City Council; 10736; Campaign Spending Limitation/Lobbyist RegistrationCITX OF CARLSBAD - AGENr" BILL
HTG. 7-24-90
DEPT. CM
CAMPAIGN SPENDING LIMITATION/
LOB BY I ST REG I STRATIO N 0 R D I N ANC E
RECOMMENDED ACTION:
Discuss ordinances which address campaign spending limitations and lobbyist registration.
ITEM EXPLANATION:
Council Member Pettine requested that these items be place on the agenda.
The first item is a campaign spending limitation Ordinance which would place a limitation upon any
candidate for City office from spending any campaign contributions which are not received and reported
pursuant to Carlsbad Ordinance No. 1.1 3.030 (which requires disclosure of campaign contributions by
the Friday preceding any City election). This ordinance is designed to avoid large, last minute campaign
contributions which are not officially disclosed to the public until after the election is over. This will
maximize information available to the community before voters go to the polls.
The second item is a lobbyist registration ordinance which, unlike the State and Federal governments,
the City does not have. Since most of the significant land use decisions concerning the City are made
at the local level, it is important that the public is aware of lobbying activities. Attached is a copy of the
County's Lobbyist Registration Ordinance which may assist the Council in preparing an ordinance which
suit the needs of Carlsbad.
EXH IS ITS :
1. County of San Diego Regulation of Lobbying Activities.
2. Memo to City Manager from Council Member Pettine dated 7/13/90.
3. Memo to City Manager from the City Clerk dated 7/17/90.
4. Memo to City Manager from Council Member Mamaux dated 7/17/90.
- 11-87
DIVISION 3
23.101
(Added by (3rd. No. 4098 (N.S.) Eff. 5-31-73)
REGULATION OF LOBBYING ACTIVITIES
Sec. 23.101. DEFINITIONS. Whenever in this Chapter the following terms are used, they shall have t3e meanings respec- tively ascribed to them in this section:
(a) The term
recommendation as
than the making of
tive, azministrati before or may be s
, "County deci to a decision a ministeria ve, or quasi-
ubmitted to:
S ion" mean
concerni
decision udicial,
any decis
any matt
whether
ich is pe
ion, or er (other
legisla-
nding
(1) The Board of Supervisors or any County board, commission, committee or officer;
(2) The Board of Supervisors acting as the governing body of any special district: or
(3) Any board, commission, committee or officer of
P such special district for decision.
(b) The term "person" means an individual.
(c) The term "firm" includes a partnership and joint venture. The term does not include a person operating as a
sole proprietorship under a fictitious name.
(d) The term "gift" includes canceled or forgiven deSts and debts which become uncollectible because the creditor 6oes not enforce the right to collect the debt prior to the expira- tion of the applicable period of limitations.
(e) The term "County officer or employee'' shall include
all officers and employees of all special districts for khic3
the Board of Supervisors is the governing body.
Sec. 23.102. REGISTRATION.
(a) Except as provided in Section 23.103, any person who, on behalf of any corporation, firm, organization, or person other than himself attempts to influence any County decision by contacting, personally or by telephone any of the following
County officers or employees shall prior to such contact, or within 5 calendar days thereafter, register as a County legis- lative advocate:
(23)
- 11-ai
Members of the Board of Supervisors Members of Planning Commission Members of Assessment Appeals Board Members of Planning Environmental Review Board
Members of Civil Service Commission
Members of San Diego County Air Pollution
Control District Hearing Board
Confidential Investigators of the Board of
Supe cv isors Board Representatives of the Board of Supe rvi sor s County Assessor Chief Deputy County Assessor District Attorney
Assistant District Attorney
She r iff Under she r iff County Treasurer Chief Deputy County Treasurer Director of Planning and Land Use Menbers of the Board of Planning and Zoning
Director of General Services Chief Administrative Officer Assistant Chief Administrative Officer Members of San Dieqo County Capital Asset
. and their alternates
Appeals
P Leasing Corporation (SANCAL) Board of
Di rectors Di r ecto r o f Purchasing and Contracting
(b) A person rspresenting a firm of which he is a member
shall be deemed to be representing a person other than
himself.
(c) A corporation, firm, or organization may elect to reqister in its own name. The officers and directors set forth - in the registration statement of any such corporation, firm, or organization which elects to register shall be deemed to be registered for purposes of this chapter. (Amended by Ord. No.
4543 (N.S.) Eff. 8-14-75) (Amended by Ord. No. 6534 (N.S.) Eff. 2-16-83) (Ord. No. 6540 (N.S.) Adopted 3-2-83, Eff.
4-1-83, supersedes Ord. No. 6534) (Amended by Ord. No. 7400
(N.S.) Eff. 11-27-87)
Sec. 23.103. EXEMPTIONS FROM REGISTRATION REQUIREMENT.
Registration shall not be required of the following persons:
(1) A person whose only contact with any County officer or employee described in Section 23.102 in attempting to influence a County decision consists of speaking at a public meeting or hearing before a board or commission or at a hearing before a County officer, or of sending a written communication to a County officer or
employee, or both.
(2) An oEficer or employee of the United States or
any state or political subdivision thereof, cities, ceunties, special districts, or any other governmental entity, representing his governmental employer in the course of his official duties.
11-87 23.1C3 - - (3) .I member of the State Ba f California w;?o is
performing a service which lawfully can be perforxed only by an attorney licensed to practice law in California.
(4) Any representative of an employee organization while acting pursuant to the Meyers-Milias-Brown Acz or pursuant.to a procedure established by the County in
accordance with said Act, contacting an officer or
employee of the County other than a member of a board or
commission, or contacting a member of a board or commis-
sion who has been designated by such board or commission as its representative to meet with such representative of
an employes organization.
(5) Any person named as an officer or director of a
corporation, firm or organization in the Registration
Statement of such Corporation, firm or organization filed pursuant to Section 23.102 of this Chapter.
(6) Any person brought to a County officer or
employee described in Section 23.102 by a person regis- tered pursuant to this Chapter to provide technical or o the r info rmat ion .
(7) Any person whose contacts with County officers
or employees described in Section 23.102 is limited to
routine sales discussions with the Director of Purchasing and Contracting for the purpose of selling goods or I
services to the County. (Amended by Ord. No. 7400 (N.S.)
Eff. 11-27-87)
Sec. 23.104. CONTENTS OF REGISTRATION. Any registration made pursuant to Section 23.102 shall be in writing, filed with
the Clerk of the Board of Supervisors, signed by the regis- trant, or an authorized officer thereof, under penalty of per-
jury and shall set forth the following information:
(1 Registrant's name.
(2 1 Registrant's business address.
(3) Name of the person, firm, corporation, or
organization represented. If the registrant is ernployed by a company or firm that itself has been retained by a
person, corporation, firm, or organization to obtain a
County decision, to which the registrant has been assigned, the registrant shall disclose the names of both
his immediate employer and the person, corporation, firm, or organization that has retained his immediate employer.
corporation or organization, the names of the current officers and directors of the firm, corporation, or organization. This listing of officers and directors
shall be updated annually.
(4) Where the person registered represents a firm,
Sec. 23.105. NOTIFICATION OF REGISTRATION REQUIREXENT.
The Clerk of the Board of Su ervisors shall issue, u on of any County officer or emp P oyee descrlbed in Sectign 2527dps$
23.105
c
c
"Notice of Registration Required" to any person believed by
such County officer or employee to be required to register under Section 23.102. Any person who in good faith believes that he is not required to register under this Chapter shall
not be deemed to have violated Section 23.102 if he registers
within 10 days after receipt of notice from the Clerk of the Board of Supervisors that registration is required.
SeC. 23.106. DISCLOSURE STATEMEXTS.
(a) The term "quarter" means the annual calendar qcarter
of the year, namely, the time periods encompassed by January 1 - March 31, April 1 - June 30, July 1 - September 30, and
October 1 - Decercber 31, respectively.
(b) Any person registered or required to be registered
pursuant to this Chapter, any officer or director of a corpora- tion, firm or organization registered pursuant to this Chapter, and any person, corporation, firm, or organization represented by a person registered pursuant to this Chapter, who makes any expenditure of $25 or more on any one occasion, or who ex?ends
in the aggregate a total of $100 or more in any one quarter in providing food, drink lodging, transportation, recreation, ser-
vice, or any other thing of value, including any gift or political campaign contribution, to an individual County offi-
cer or employee described in Section 23.102, whether on his own behalf or on behalf of another, shall file, between the 1st and 15th day of each calendar quarter, a written statement disclos-
ing such expenditures made during the preceding quarter. The statement shall be filed with the Clerk of the Board of Super- visors, shall set forth the amount expended and the name of the
County officer or employee who received the service or thing of value and shall be signed under penalty of perjury. For pur- poses of determining the amount expended during one quarter,
the amounts expended on any one County officer or ernployee by
all representatives, officers, directors and employees of a
corporation, firm, or organization shall be aggregated.
my County officer or employee described in Section 23.102 who
receives from a person registered under Section 23.102 or a corporation, firm, or organization represented by a person registered under Section 23.102 any food, drink, lodging,
transportation, recreation, service, or other thing of value having a value of $25 or mors, including any gift or political
campaign contribution, on any one occasion, or having a total
value of $100 or more in any one quarter shall file a staternent disclosing such receipt. Such statement shall be filed with
the Clerk of the Board of Supervisors between the 1st and 15th
day of each quarter, and shall disclose all such receipts during the preceding quarter. Such statement shall be in
writing and shall be signed under penalty of perjury.
Sec. 23.107. DISCLOSURE BY COUNTY OFFICERS AND EM?LOYEES.
k
23.108
Sec. 23.108. EYPLOYNENT OF COUNTY EYPLOYEES. If any person, corporation, firm or organization registered or required to be registered under Section 23.102 hereof err,?loys,
or if any person, corporation, fir3 or organization represented
by a person, corporation, firm or organization registered or
required to be registered under Section 23.102 hereof employs , any person known to the employing person or entity to & an
officer or full-tize employee of the County, in any capacity
whatsoever, the person, corporation, firm, or organization
employing the County officer Or employee shall file with the
Clerk of the Board 'of Supervisors, within ten days after such employment, the name of the person to be paid therecnder, and
the amount of pay or consideration to be paid thereunder, and
the date first employed.
Sec. 23.109. (Repealed by Ord. No. 5200 (N.S.) Eff.
Sec. 23.110. SEVERABILITY. If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this
Chapter, or the application thereof to any person, is for any
reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter
or its application to other persons. The Board of Supervisors r hereby declares that it would have adopted this Chapter, and
each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivision, sentences, clauses, phrases, or portions, or the application thereof to any person,
be declared invalid or unconstitutional.
a-1o-m)
July 13, 1990
TO : CITY MANAGER
FROM: Council Member Mark Pettine
AGENDA BILL FOR JULY 24, 1990 COUNCIL MEETING
Please prepare an agenda bill for Council consideration
on July 24, 1990 which addresses two matters:
1. Campaign Spending Limitation -- please prepare an ordinance which will place a limitation upon any candidate for City office from spending any campaign contributions which are not received and reported pursuant to Carlsbad Ordinance No. 1.13.030 (which requires disclosure of campaign contributions by Friday preceding any City election).
This ordinance is designed to avoid large last
minute campaign contributions which are not officially disclosed to the public until after the election
is over. This will maximize information available
to the community before voters go to the polls.
2. Lobbyist Registration Ordinance -- unlike the County, State and Federal Governments, the City of Carlsbad does not have a lobbyist registration ordinance. Since most of the significant land use decisions concerning our City are made at the local level it is important that the public is aware of lobbying activities.
Attached is a copy of the County’s Lobbyist Registration Ordinance which may assist the Council in preparing an ordinance which will suit the needs of Carlsbad.
Respectfully,
‘~RK v. PETTINE
Council Member
July 17, 1990
TO: CITY MANAGER
FROM: City Clerk
CAMPAIGN REPORTING REQUIREMENTS
Council Member Kulchin requested that I provide a memorandum outlining current regulations concerning the filing of campaign statements. that request, the reporting deadlines surrounding the General Municipal Election being held in the City on November 6, 1990 are as follows:
In accordance with
TvDe of Statement Semi -Annual Period Covered 1/1/90 thru 6/30/90 Dead1 i ne 7/3 1/90
1st Pre-Election 7/1/90 thru 9/30/90 10/5/90
2nd Pre-Election 10/1/90 thru 10/20/90 10/25/90
Supplemental -Section 1.13.030 Muni ci pal Code 10/21/90 thru 10/31/90 noon 11/2/90
Late Contribution*/ 16 days preceding election w/i 24 hrs. Independent Expenditure**
Semi -Annual 11/1/90 thru 12/31/90 1/31/91
*FPPC defines a late contribution as ''a monetary or non-monetary contribution ... which totals in the aggregate $1,000 or more from a single source ... when it is made during the 16 days immediately preceding the el ect i on. . . 'I.
*The candidate or committee which makes a late contribution and the recipient of a late contribution must file a "Late Contribution Report" via telegram, mailgram, guaranteed overnight delivery service, or personal delivery within 24 hours of making or receiving a late contribution.
**A late independent expenditure is "any independent expenditure ... to support or oppose a single candidate or a single measure ... of $1,000 or more when the expenditure is made during the 16 days immediately preceding the election.. .'I.
--
Page 2 FPPC Campaign Reporting Requirements
**A candidate or committee making a late independent expenditure must file a "Late Independent Expenditure Report" vi a telegram, mai 1 gram guaranteed overnight delivery service, or personal delivery within 24 hours of the time it is made.
If there is additional information required about existing reporting requirements, I would be happy to respond.
lr
July 17, 1990
TO: CITY MANAGER
FROM: Council Member Mamaux
PROPOSED LOBBYIST REGISTRATION ORDINANCE
Would you please have staff prepare an in-depth analysis of the County’s current ordinance
on Lobbyists. I would be interested in knowing how much staff time is spent enforcing it, the
amount of paperwork which is generated, and the overall effectiveness it has had on
controlling lobbyist activities.
Please include this request as part of Mr. Pettine’s agenda bill.
wgw
JOHN J. MAMAUX