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HomeMy WebLinkAbout1990-08-28; City Council; 10803; CITIZEN'S COMMITTEE ON CAMPAIGN REFORMCITIZEN'S COMMITTEE ON CAMPAIGN REFORM RECOMMENDED ACTION: Adopt Resolution No. 90-$2yb. , establishing a campaig advisory committee. Adopt Resolution No. 95-325 , appointing seven me serve on the committee. ITEM EXPLANATION Resolution No. , appointing seven member committee. The Council, before adopting the resolutions satisfy itself that they correctly reflect your intentior A' committee's mission. am The City Clerk and I have discussed the matter and have c that it would be very difficult for us and the committee out the Council's direction before the November 6, 199C election. Attached is a memorandum which explains the ] kM 00 4.Iw The memorandum also explains why it would be more prod1 address this question after the election results on t a- aaJ 22 propositions. It is therefore, our recommendation that th .d *I4 UQ hold this item over until the results of the election a: gg At that time, if the Council determines there is still a a local ordinance the City Clerk, this office and the ( CJCJ committee will be in a much better position to advise the v)W EXHIBITS Resolution No. Resolution No. Memorandum to C ."$ a 6,: g$ $2 Ea HH 0 cno \m a3' Cdd 1' a3a 0 December 20, 19r cb TO: Mayor and Council FROM: City Attorney PROPOSED CITIZEN'S COMMITTEE ON CAMPAIGN REFORM t The City Council, at meetings during July and August, 1! discussed the need for additional local campaign ordinances whether or not an ad hoc citizen's committee would be useful advising the Council on that. This is, of course, a PO: judgment for the Council. However, the Clerk and I are of the 7 that, due to the complexities, legal technicalities constitutional issues involved with local election ordinances, broad policy view that a citizen's committee can provide would be very helpful to the Council in deciding the question. We 1 available information on the areas which may be permiss: regulated by local entities and how different communities 1 attempted, with varying degrees of success, to address tl problems on a local level and could easily give the Council all existing background necessary to make a legislative decision. There are extensive state regulations on campaign reform man1 which are under litigation. Because of the uncertain situation the ballot measures pending on the issue, the City Clerk an joined in recommending that the Council continue tt consideration of the necessity for a citizen's committee ur after the election. A copy of a memorandum dated August 8, 1 containing that recommendation is attached for your rc reference. The Council, at your meeting of August 28, 15 concurred and carried the matter over. Although the results of the November 6, 1990 general state9 election are now known and the proposition which would have allc public funding of campaigns did not pass, the legal situat remains murky at best. Most of the major litigation involving FPPC and the conflicting provisions of state law is st unresolved. It is also not clear that readily identifie specific problems, within the limited authority of cities regulate, emerged from the last election that could be correctec a local ordinance. Unless anyone has a concern, it is not my intention to place t matter back on the Council's agenda until the litigation resolved and the final outline of the state's regulations determined. VINCENT F. BIONDO , JR. City Attorney rmh \, attachment c: City Manager City Clerk 1'' (with attachment) e 0 & August 8, 1990 TO: Mayor and City Council FROM: City Attorney CAMPAIGN REFORM ORDINANCES The City Council at your meeting of July 24, 1990 expressed i intention to appoint a seven member ad hoc citizen's adviso committee to review a possible campaign reform ordinance f Carlsbad based on the model recommended by the Californ Commission on Campaign Financing. The committee was to be staff by this office working together with the City Clerk. Aft discussing the matter with the Clerk this memorandum is to shai some concerns we have about proceeding at this time with tl committee. The starting point for the committee's consideration of th: question is the Political Reform Act of 1974. This initiati7 statute adopts a comprehensive scheme for the. regulation c conflict of interest and campaign financing and reporting in tl state of California. The Act applies to local elections. While city retains some authority to adopt local ordinances, they mu2 supplement the Act and may not conflict with any of its provision: The situation is complicated by two campaign reform initiative which were voted on at the June 1988 statewide election. They ai known as Proposition 68, the Campaign Spending Limits Act of 1981 and Proposition 73, the Campaign Contribution Limits With01 Taxpayer Financing. Both initiatives make amendments to tf Political Reform Act. Proposition 73 received more affirmatit votes then Proposition 68 and the two propositions, in mal respects, are in conflict, As a result, the Fair Politic: Practices Commission has issued opinions and there are at leas four cases presently pending in the courts in an effort 1 determine which new regulations are operative, The first committee task would be to learn about the Politica Reform Act, Depending on the committee members willingness to rea on their own (the City Clerk has a pile approximately one foc high), we estimate it would take at least six evening meetings t get through the material. While the Clerk and I will try to he1 the committee it will be difficult between now and the Novembe election. The City Clerk is fully occupied in administratir matters relating to the upcoming election including he responsibilities to inform all the candidates about thej obligations under the Act. She also has duties as the filir officer under the Act for all of the candidate and committe financial reporting statements. It will also be difficult for the committee to complete its WOI before November. Even if the Council is able to complet e a 1 2 appointing all of the members to the committee at your next meetj on September 4, 1990 it will take a week or so to contact them t arrange a mutually agreeable meeting schedule. Usually it is r possible for citizens to commit more than one evening a week. EL if we do everything possible to accelerate the process of givj them the necessary background to deal with this question, it doubtful they could complete that work before the end of Septembt It would take at least a meeting or two for them to consider t possible alternatives available for a local ordinance. The soul book, Money and Politics: Financing California's Local Electior published by the California Commission on Campaign Financing wot be the foundation of that effort and runs 523 pages. Committ members would probably need some time to get through that. Then would need to draft their report and it would probably take t meetings for review and adoption. Considering the ten day Counc agenda cycle, the time necessary to get Council direction on t committee report, the time to prepare an ordinance, the Couns meetings necessary for first and second reading of any ordinar and then the 30 day referendum period all make it virtual impossible to have an ordinance effective for the November 6, 15 election. It is problematic that the committee would even be ii position to have completed its work by that time. In addition to the problems the City Clerk and I would experier staffing this committee before the election and the difficulty t committee would have in completing its work before then there 2 two additional problems in trying to work on this prior to t election. First, a proposition entitled the Clean Governmc Initiative has qualified for and will appear on the ballot at t November 1990 statewide election. This measure extensively amer the Political Reform Act. The copy I have received from t California Attorney General's office is 67 pages long. In additj to the amendments to the Act, it contains a comprehensive r statute entitled the Campaign Finance Reform Act of 1990. VE little purpose would be served educating a committee about t terms of the Political Reform Act between now and November becat if the new initiative is approved many of those laws will substantially changed. It is also possible that the adoption the initiative will adequately address the City Council's concc and eliminate the need for us to consider any additional loc ordinance. Second, the model ordinance recommended by t California Commission on Campaign Financing addresses what tk perceived as the central problem which is the pervasive influer of money on the political process. The only effective way to sol that problem is to eliminate the money, however, the United Stat constitution as interpreted by the U.S. Supreme Court forbids e restriction on campaign expenditures. The only constitutional o to limit spending on elections is to ask candidates to voluntarj restrict themselves in return for public funding. At this tin Proposition 73 outlaws all public campaign funding. It waul therefore, not be possible for the citizen's committee to consic the possible adoption in Carlsbad of the Commission's moc e m < 3 ordinance because at this point in time its main provision illegal. However, the Clean Government Initiative would repeal t prohibition in Proposition 73 and re-empower the City to consid public financing of campaigns. Only if the initiative passes wou it then be possible for the committee to carry out the Council direction to review the model ordinance. For all of these reasons, the City Clerk and I join in recommendi that the City Council continue their consideration of the necessi for a citizen's committee until after the November election. the Council determines, at that time, that there is still a probl which needs to be addressed we could give you some furth recommendations on how best to go about that. If the Council sti believes a citizen's committee is necessary the City Clerk and would be in a much better position to staff them. The uncerta. and confusing legal situation would have been clarified and tl committee would have adequate time to undertake the work that wou: be necessary for them to become informed on this complex area ai then prepare recommendations for the Council. VINCENT F. BIONDO, JR. City Attorney rmh