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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clearly both the current provisions of the ordinance which will not be changed, those current provisions which will be repealed, and those new provisions which are proposed to be added and request that this draft be circulated to each member of the Board of Supervisors in time to allow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.