HomeMy WebLinkAboutAGENDA - 01171989 - IO.3 TO: BOARD OF SUPERVISORS 1. 0. 3
Contra
FROM: 1988 INTERNAL OPERATIONS COMMITTEE Costa
n. s
January 9 , 1989 �., Py,4o County
DATE: �srq couN
SUBJECT: Election Campaign Ordinance
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . Request the County Counsel to prepare a copy of the proposed
election campaign ordinance as recommended by our Committee
showing clearly both the current provisions of the ordinance
which will not be changed, those current provisions which
will be repealed, and those new provisions which are
proposed to be added and request that this draft be
circulated to each member of the Board of Supervisors in
time to allow each member of the Board to thoroughly review
the draft ordinance before January 24 , 1989.
2 . Request the County Administrator to place on the Board' s
Determination calendar for January 24 , 1989 the revised
election campaign ordinance with the recommendation that the
ordinance be introduced, that reading be waived, and the
ordinance be set for adoption on January 31, 1989 .
3 . Remove this item as a referral to our Committee.
BACKGROUND:
On December 6, 1988, the Board of Supervisors approved a report
from our Committee recommending that County Counsel be asked to
provide our Committee with an. opinion as to whether the Board of
Supervisors could require additional disclosure from third-party
committees, beyond what is required by State law, when the
committee supports candidates for County offices and whether the
Board can require additional disclosure from such committees
which support candidates for other than County offices.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE
XL APPROOTHER
SIGNATURE(S): Sunne W. McPeak Tom Torl akson
ACTION OF BOARD ON- January 17, 1989 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT -�- ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator „ 1989
District Attorney ATTESTED �
Elections Supervisor PHIL BATCHELO ,CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
Each Elected Department Head
M382 (10/88)
BY ���-�/ DEPUTY
Page 2
on January 9 , 1989, our Committee received advice from County
Counsel to the,' effect that:
1 . The Board of Supervisors cannot regulate beyond the
provisions of State law a third-party committee which
supports or opposes candidates for other than County
office.
2 . The Board of Supervisors can regulate a third-party
committee beyond the requirements of State law where
thecommittee is supporting or opposing candidates for
County office only if the committee has been created
expressly for the purpose of supporting or opposing
candidates for County office and does not have a
broader purpose. If the committee has a broader
purpose, the Board of Supervisors can regulate the
committee only within the limits of State law. -
As a result, Iwe have asked County. Counsel to prepare an amended
campaign reform ordinance which includes the following
provisions:
A repeal of the provision authorizing separate in-kind
contributions since this provision, is preempted by the
provisions of Proposition 73 .
An lincrease in the campaign limit for one election .
cycle of four Years to $1,675 , specifically providing a
$2251 a year contribution limit in non-election years,
and � a $1000 a year contribution limit in election
years.
Aon to generally follow State law regarding
broad-based political committees, but imposing a
$25,',000 cap on total contributions from all broad-based
political committees.
f A vo luntary campaign expenditure limit of $150, 000 per
elecltion.
An exemption from the voluntary campaign limit under
certain specified conditions.
A provision requiring additional disclosure from
third-party. committees supporting or opposing
candidates for County office consistent with County
Counsel ' s advice to our Committee.
we are asking that an annotated version of the proposed
ordinance be fiorwarded to each member of the Board of Supervisors
in time to provide you an opportunity to review it in detail
prior to January 24, 1989 , at which time we are asking that the
ordinance be placed on the Determination calendar for first
reading.