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HomeMy WebLinkAbout2022-06-14; City Council Legislative Subcommittee; ; Tax Measure Voter Requirements - Legislative Platform AmendmentCity Council Legislative Subcommittee Meeting Date: June 14, 2022 To: City Council Legislative Subcommittee From: Jason Haber, Intergovernmental Affairs Director Item 3: Tax Measure Voter Requirements -Legislative Platform Amendment Recommendation: Consider a proposed Legislative Platform amendment to include one new position statement opposing any change to the current voter requirements for tax measures. Discussion: At its meeting on April 29,2022, the Subcommittee discussed SANDAG's recent decision to support a legislative change to reduce the statewide voter threshold for passing special taxes from two-thirds to a simple majority. Under current state law, special purpose taxes require a two-thirds voter requirement to pass while general taxes require a simple majority. After discussion, the Subcommittee requested that staff place an item on a future Subcommittee agenda to consider a proposed legislative platform amendment opposing any change to the current voter requirements for passing tax measures. The following position statement is presented for Subcommittee consideration and recommendation to the City Council: • Oppose legislation that would change either the existing simple majority voter requirement for passing general taxes, or the existing two-thirds voter requirement for passing special purpose taxes. State law allows a public agency to adopt a position on a ballot measure as long as the position is taken at an open meeting where all voices have the opportunity to be heard. However, state law prohibits the use of public resources to campaign for or against a ballot measure. To the extent efforts to change the voter requirement to pass general or special taxes will involve a ballot measure, the limits on the use of public resources for campaign activities discussed in Exhibit 1 would apply. Next Steps: If a proposed amendment to the Legislative Platform is recommended by the Subcommittee, staff would work with the City Manager to place an item on a future City Council agenda for consideration. Exhibits: 1. Ballot Measure Activities & Public Resources June 14, 2022 Item #3 Page 1 of 3 Exhibit 1 1 111111 INSTITUTE FOR Illa LOCAL GOVERNMENTS.\! Promoting Good Govemmenl al the Local Level As important as ballot measures are to policymaking, public agencies and officials face important restrictions and requirements related to ballot measure activities. The basic rule is that public resources may not be used for ballot measure campaign activities. Public resources may be used, however, for informational activities. The key difference between campaign activities and informational activities is that campaign activities support or oppose a ballot measure, while informational activities provide accurate context and facts about a ballot measure to voters. This document summarizes some of the key applications of these principles. The law, however, is not always clear and the stakes are high. Missteps in this area are punishable as both criminal and civil offenses. Always check with agency counsel for guidance on how these rules apply in any specific situation. Public Agency Resources May Be Used To ✓ Place a measure on the ballot. ✓ Prepare and distribute an objective and fact-based analysis on the effect a ballot measure may have on the agency and those the agency serves. ✓ Express the agency's views about the effect of the measure on the agency and its programs, provided the agency is exceedingly careful not to advocate for or against the measure's passage. ✓ Adopt a position on the measure, as long as that position is taken at an open meeting where all voices have the opportunity to be heard. ✓ Respond to inquiries about the ballot measure in an objective and fact-based manner. ✓ Agency communications about ballot measures should not contain inflammatory language or argumentative rhetoric. ✓ Public employees and elected officials may, on their own time and with their own resources, engage in the following activities: o Work on ballot measure campaigns or attend campaign-related events on personal time (for example, evenings, weekends and lunch hours). o Make campaign contributions to ballot measures, using one's own money or campaign funds {while observing campaign reporting rules). o Send and receive campaign related emails using one's personal (non-agency) computer and email address. INSTITUTE FOR LOCAL GOVERNMENT www.ca-ilg.org June 14, 2022 Item #3 Page 2 of 3 Ballot Measure Activities & Public Resources Public Officials Should Not x Engage in campaign activities while on agency time or with agency resources. x Use agency resources (including office equipment, supplies, staff time, vehicles or public funds) to engage in advocacy- related activities, including producing campaign-type materials or performing campaign tasks. x Use public funds to pay for campaign-related expenses (for example, television or radio advertising, bumper stickers, or signs) or make campaign contributions. x Use agency computers or email addresses for campaign communication activities. Best Practices ✓ Inform agency employees and public officials about these legal restrictions, particularly once a ballot measure affecting the agency has qualified for the ballot. ✓ Include language on informational materials that clarifies that they are for informational purposes only. For example, "these statements shall not be construed in support of or against XX ballot measure." WHEN DO THESE RESTRICTIONS KICK IN? The rules against the use of public resources for campaign activities are triggered once a measure has qualified for the ballot. There may be more latitude before a measure has qualified, but consult with agency counsel regarding the permissibility of specific activities. DISCLOSURE REQUIREMENTS Ballot measure activities that cross the line into advocacy are also subject to disclosure (transparency) requirements under California's Political Reform Act (Government Code sections 81000 et seq.). The Institute for Local Government (ILG) is the nonprofit 501 (c)(3) research and education affiliate of the League of California Cities, California State Association of Counties and the California Special Districts Association. Our mission is to promote good government at the local level with practical, impartial and easy-to-use resources for California communities. For more resources related to ballot measures and campaigns, visit www.ca-ilg.org/campaigns. © 2018 Institute for Local Government. All rights reserved. INSTITUTE FOR LOCAL GOVERNMENT www.ca-ilg.org 2 June 14, 2022 Item #3 Page 3 of 3