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HomeMy WebLinkAboutMINUTES - 09261995 - D3 7 D.3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 26, 1995, by the following vote: AYES: Supervisors Rogers, DeSaulnier and Torlakson NOES: None ABSENT: None ABSTAIN: Supervisors Smith and Bishop ----------------------------------------------------------------- SUBJECT: Proposed Ordinance to Amend the Campaign Spending Reform Ordinance. The Board of Supervisors heard comments from Mary Ann McNett Mason, Deputy County Counsel, and discussed the proposed amendment. Following the discussion, Supervisor Rogers moved adoption of the proposed ordinance. The motion died, for lack of a second. Supervisor DeSaulnier moved reintroduction of version "A" as previously presented to the Board by the Internal Operations Committee on September 19, 1995, for consideration at the October 3, 1995 Board of Supervisors meeting. Supervisor Torlakson seconded the motion. IT IS BY THE BOARD ORDERED that the Internal Operations Committee is DIRECTED to reintroduce version "A" of the proposed ordinance to amend the Campaign Spending Ordinance for Board of Supervisors consideration at the October 3, 1995, Board meeting. I hereby certify thet this is a true end correct copy of an action taken and entered on the minutes of the Board of Sups 0=1 date, sown. ATTESTED:�.. __to A � 9 PHIL BATC LOA,Clerk of the Board Of hors and County cc: County Administrator District Attorney County Clerk-Recorder J COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: September 21, 1995 To: Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann 'McNett Mason, Deputy County Counsel Re: Draft Amendments to Campaign Spending Reform Ordinance At its meeting of September 19, 1995, the Board of Supervisors directed this office to prepare for introduction on September 26, 1995 an ordinance which would amend Ordinance Code section 530-2 . 707 subsections (b) , (e) , and (g) and add uncodified section III in the form recommended by the Internal Operations Committee. The import of the proposed amendments to section 530-2 . 707 and of uncodified section III "Revocation of Adoption of Voluntary Expenditure Ceiling" was discussed in our memorandum to the Board of September 7, 1995 (copy attached) . These amendments were approved in substance by the Board on September 19, 1995 . In addition, the Board asked this office to include in the ordinance a revised, uncodified Section IV to address the effect of contributions received or loans of money or expenditures of money made during that portion of a candidate' s election cycle occurring prior to May 25, 1995, the effective date of the, Campaign , Spending Reform Ordinance . A copy of the proposed ordinance is attached. As revised, uncodified Section IV "Effect of Contribution Received or Loan of Money or Expenditure of Money Made Before May 25, 1995" would provide as follows : 1 . Supervisorial candidates will not be subject to civil or criminal sanction for receipt of a contribution or making .of a personal loan prior to May 25, 1995 if such contribution or loan was lawful when received or made, whether or not such contribution or loan would have exceeded the respective limitations on contributions or personal loans effective May 25, 1995 . 2 . A supervisorial candidate is not required to refund all or a portion of a contribution, received prior to May 25, 1995, if such contribution was lawful when received. 3 . Campaign expenditures made, by a candidate prior to May 25, 1995 for an election occurring after that date do not count toward the voluntary expenditure ceiling. (Section 530-2 . 707 . ) t Board of Supervisors 2 September 21, 1995 4 . Personal loans made by a candidate prior to May 25, 1995 are not chargeable against the limits on personal loans effective May 25, 1995 . (Section 530-2 . 706 . ) 5 . Contributions received prior to May 25, 1995 are not chargeable against the cumulative contribution limit . (Section S30- 2 . 710 . ) 6 . Total aggregate contributions up to the amount of $20, 000 received by a candidate during that portion of the candidate' s election cycle occurring prior to May 25, 1995 are not chargeable against the individual or broad based political committee contribution limits effective after that date . (Sections 530-2 . 703 and 530-2 . 704 . ) 7 . Contributions received from an individual or broad based political action committee above the aggregate amount of $20, 000 during that portion of the candidate' s election cycle occurring prior to May 25, 1995 are chargeable against the individual or broad based political committee contribution limits effective May 25, 1995. Thus, if a candidate received $30, 000 in contributions prior to May 25, 1995, the most recently received $10, 000 would be chargeable against the new contribution limits . For example; if in the most recently received $10, 000 the candidate received contributions from a particular contributor equal to or exceeding the differential contribution limit applicable to the candidate, for the remainder of the election cycle the candidate could not accept additional contributions from such contributor. (i .e. A candidate accepts the voluntary expenditure limit and may receive $750 per individual contributor. The candidate received $30, 000 in contributions prior to May 25, 1995 . In the $10, 000 in contributions most recently received before May 25, 1995, the candidate receives $750 from a contributor. That amount is chargeable against the new contribution limits . The candidate may accept no more from that contributor during the election cycle . ) Similarly, if the candidate received a contribution of an amount below the contribution limit, for the remainder of the election cycle the candidate could accept from that contributor only the balance of the contribution limit . MAM\am attachments cc : County Administrator Attn: Claude Van Marter, Assistant County Administrator District Attorney Attn: James Sepulveda, Deputy District Attorney County Clerk-Recorder Attn: Barbara Lee, Assistant County Registrar COUNTY COUNSEL'S OFFICE . CONTRA COSTA COUNTY MARTINEZ,CALIFORNIA Date: September 7, 1995 To: Board of Supervisors From: Victor J Westman, County Counsel yJ By: Mary Ann McNett Mason, Deputy County Counsel �- Re: Draft amendments, to campaign spending reform ordinance. . As directed by the. Internal Operations Committee, this office drafted a further series of amendments to the Campaign Spending Reform Ordinance for consideration by the Board of Supervisors on September .12, 1995 . We have prepared two versions (A and B) of the draft amendments. A copy of each version is attached. Version A, Section. IV, contains Supervisor .De Saulnier' s proposal for treatment of contributions received prior to May 25, 199.5 for supervisorial elections occurring after that date. Version B, Section IV, contains Supervisor Rogers ' , proposal on that issue. The draft ordinances are otherwise the same. Version A The modifications to the Campaign Spending. Reform Ordinance which would result from Version A are as follows. 1. Section '530.-2 .707 "Voluntary Expenditure Limits" subsection (b) "Time for filing .statement adopting expenditure ceiling" would be amended to provide that a supervisorial candidate - who chose to adopt the expenditure ceiling would have to file a statement adopting the ceiling for the primary election and a separate statement adopting the ceiling for the general election. The candidate would be subject to the ceiling and would be eligible to collect expenditures at the higher level only for the particular election cycle for which the statement was filed. This proposal would afford the candidate the opportunity to adopt the expenditure .Board of Supervisors -2- September 7, 1995 ceiling as to either, neither, or both, the primary and general elections. '2 . Section 530-2 .707 (e) "Notification by candidate who exceeds ceiling" would be modified to specify that all candidates, other than candidates who adopt the expenditure ceiling and qualify to spend an additional $10, 000, must notify the County Clerk-election division when aggregate contributions exceeding $80, 000 are received and\or when aggregate expenditures exceeding $80, 000 are made. A candidate who adopted the expenditure ceiling and who qualified to spend- an additional $10,000 must notify the County Clerk-election .division when aggregate contributions exceeding $90, 000 are received and\or when aggregate expenditures' exceeding $90, 000 are made. The . amendment would further provide that if the day on which notice is required is not a business day, notice shall be given on the next business day, 3 . Subsection (g) "Adoption of Expenditure Ceiling . Irrevocable" would be added to section 530-2 . 707. This section would provide that if a candidate adopts the expenditure ceiling for a particular election cycle, i.e. the primary or general election . .cycle, the candidate cannot revoke adoption of the ceiling as to that cycle. 4 . The Internal Operations Committee also directed that we include a new alternate section "Revocation of Expenditure Ceiling. This section would provide that it is operative only if a court of competent jurisdiction makes a 'final judicial determination that subsection (g) of section 530-2.707 is unenforceable. In that event, the alternate subsection would state theprocedure for a candidate's revocation of the expenditure ceiling. A candidate would have to return all excess contributions. to contributors and .excess personal e loans. before he or she could make expenditures .which exceed the limit. . In addition, ,the'.candidate would have to notify the elections division of the revocation and of -the return of contributions and personal loans. The decision whether to include such an alternate subsection is a difficult one because such language may tend to invite challenges. to the validity of subsection (g) . To direct the focus away from questioning the validity of subsection . (g) , the draft' ordinance would include .thi alternate section as uncodified Section III which would not appear in the ordinance .code. The section would. be referenced in the codified version by ,a note to- refer to the Board of Supervisors -3- September 7, 1995 original ordinance. Alternatively,. the Board may choose to adopt .a version of the amendments which does not include alternate Section III. If the Board chooses to, do that, alternate pages 4 and 5 of Amendment A are included for introduction. 5. Section IV of Amendment A would add an uncodified section which would provide that candidates would not be subject to civil or criminal sanction for receipt of contributions or making_ of personal loans prior to May. 25, 1995, if such contributions or loans were lawful when received or made, even though such contributions or .loans exceeded the limits applicable to supervisorial elections after May 25, 1995 . The section also would provide that, campaign expenditures' made prior to May 25, 1995 do not count toward the voluntary expenditure ceiling. Personal loans made before May 25, 1995 would not be chargeable against the limitation on personal loans: Contributions received prior to May 25, 1995 would not. be chargeable, against the individual, broadbased committee, or cumulative: contribution limits. Under this proposal, candidates would start with a clean slate as of May 25, 1995 . Version B Under Amendment B, the modifications to section 53fl'-2 . 707 subsections (b) , (e) , and (g) and the addition of alternate, uncodified Section III would be the same as those in Amendment A. In the event that the Board decides not toinclude alternate Section III, alternate pages 4, 5 and 6 of Amendment B are attached. for introduction. Amendment B differs from Amendment A as to the content of the uncodified Section IV addressing treatment of pre- May 25, 1995 contributions and expenditures for post- .1995 campaign. Section IV of Amendment B. would specify that contributions received prior to May 25, 1995 do count toward the contribution limits effective on May 2�5, 1995, unless the candidate makes a special report of contributions received before May 25, 1995, segregates the amount of such contributions and agrees to use it for lawful purposes other, than a supervisorial campaign for an election occurring after May, 25, 1995, and files a statement to that effect with the elections division. The statement and report must be filed within thirty days of the effective date of the amendments (October 171 1995, assuming that the Board adopts the amendments on September 17, 1995. ) In his memorandum of September 5, 1995, Deputy District Board of Supervisors -4- September 7, 1995 Attorney James Sepulveda noted that this. subsection might raise a question whether a candidate was required to refund that portion of a contribution received prior to May 25, 1995 which exceeded the new contribution limits. . (Copy of memorandum attached. ) To address this. possible issue, we added . a sentence to the end of Section IV specifying that nothing in this section requires a candidate to refund all or a portion of a contribution which was lawfully received prior to May 25, 1995. Like Version A, Section IV of Amendment B would. provide that campaign expenditures made prior to May 25, 1995 do not count toward the voluntary expenditure ceiling. Personal . loans made before May 251 1995 would not be chargeable against the limitation on personal. loans. Contributions received prior to .May 25, 1995 would not be chargeable against the cumulative contribution limit (section 530- 2 .'710 . ) MAM\am attachments cc: . County Administrator District Attorney Attn: James Sepulveda, Deputy District Attorney County Clerk-Recorder Attn: Barbara Lee, Assistant County Registrar ORDINANCE NO. 95- (Adoption of voluntary campaign expenditure ceiling) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) . SECTION I . SUMMARY. This Ordinance amends section 530-2 . 707 of Campaign Spending Reform Ordinance to specify that a runoff candidate must file a separate statement accepting the voluntary campaign expenditure ceiling. The Ordinance also amends that section to clarify when candidates must give notice that they have received contributions or made expenditures exceeding the applicable voluntary expenditure ceiling. This ordinance specifies that adoption of the voluntary expenditure ceiling for an election cycle is irrevocable as to that cycle . This ordinance adds an uncodified section clarifying the Board' s intent that expenditures made prior to May 25, 1995 shall not count toward the voluntary expenditure ceiling; personal loans made prior to that date shall not count toward the , limitations on personal loans; contributions accepted prior to May 25, 1995 shall not count toward the limitations on cumulative contributions effective after that date; contributions aggregating less than $20, 000 . accepted prior to May 25, 1995 will not count toward the limitations on individual or broad based committee contributions effective after that date . SECTION II . Section 530-2 . 707 is amended to read: 530-2 . 707 Voluntary expenditure limits (a) Statement accepting expenditure ceiling. All candidates, other than recall candidates, who adopt the expenditure ceiling specified in subsection (c) may accept contributions in the amounts specified in section 530-2 . 703 , subsection (b) and section 530-2 . 704, subsection (b) . All recall candidates who adopt the expenditure ceiling specified in subsection (c) may accept . contributions in the amounts specified in section 530-2 . 703 , subsection (c) and section 530-2 . 704 , subsection (c) . All candidates who adopt the expenditure ceiling specified in subsection (c) may loan their campaigns money up to the amount specified in section 530-2 . 706, subsection (b) . Before accepting any contributions or making any loans within the amounts specified in sections 530-2 . 703 , subsections (b) and (c) , 530-2 :704 , subsections (b) and (c) , and 530-2 . 706, subsection (b) , a candidate for a primary, general, or recall election must file with the County Clerk— election division a statement, signed under penalty of perjury, which states that the candidate adopts the expenditure ceiling specified in subsection (c) below. ORDINANCE NO. 95- 1 (b) Time for filing statement adopting expenditure ceiling. The statement may be filed by a candidate, other than a recall candidate, at any time after that date which is twelve months before the date of the primary election for the office and until such time as the candidate files his or her declaration of candidacy. In the event the candidate is not elected to office in the primary election, enters the runoff election, and wishes to adopt the expenditure ceiling for the election cycle for the general election, the candidate must file a separate statement . Such statement may be filed at any time after the primary election results are final until thirty days prior to the general election. A recall candidate may file the statement adopting the expenditure ceiling at any time after the date the recall measure is certified for the ballot until thirty days before the recall election. (c) Amount of expenditure ceiling. During an election cycle, candidates who agree to accept. the voluntary expenditure ceiling shall not incur campaign expenditures exceeding eighty thousand dollars ($80, 000) , except as set forth in subsection (d) below. (d) Contributions from individuals . During an election cycle, a candidate who accepts the voluntary , expenditure ceiling and who raises twenty percent of the amount of that ceiling in contributions of less than one hundred dollars ($100) from individuals residing in the supervisorial district in which the candidate stands for election, may incur ten thousand dollars ($10, 000) in campaign expenditures in addition to that amount permitted in subsection (c) . , (e) Notification by candidate who exceeds ceiling. A candidate, other than a candidate who has accepted the voluntary expenditure ceiling and has qualified to incur additional campaign expenditures as specified in subsection (d) , who receives aggregate contributions exceeding the amount of the expenditure ceiling specified in subsection (c) shall notify the County Clerk-election division by both telephone and guaranteed overnight mail on the day such contributions exceeding that amount are received. A candidate, other than a candidate who has ` accepted the voluntary expenditure ceiling and has qualified to incur additional campaign expenditures as specified in subsection (d) , who makes ai2gregate- expenditures exceeding the amount of the . expenditure ceiling specified in subsection (c) shall notify the County Clerk-election division by both telephone and guaranteed overnight mail on the day such expenditures exceeding that amount are made . A candidate who has accepted the voluntary expenditure ceiling and has qualified to incur additional campaign expenditures as specified in subsection (d) , who receives aggregate contributions exceeding the amount of the expenditure ORDINANCE NO. 95- 2 } ceiling specified in subsection (d) shall notify the County Clerk-election -division by both telephone and guaranteed overnight mail on the day such contributions exceeding that amount are received. A candidate who has accepted the voluntary expenditure ceiling and has qualified to incur additional campaign expenditures as specified in subsection (d) , who makes aggregate expenditures exceeding the amount of the expenditure ceiling specified in subsection (d) shall notify the County Clerk-election division by both telephone and guaranteed overnight mail on the day such expenditures exceeding that amount are made . If the day on which notice is "required .is not a business day, notice shall be given on the next business day. (f) Exclusions . For purposes of this Article, expenditures subject to the expenditure ceiling do not include : (1). expenditures for campaigns for other offices; (2) expenditures for campaigns for the office of Supervisor which occurred prior .to the effective date of this ordinance; (3) expenditures for office holder expenses . "Office holder expenses" means those expenditures arising out of the office holder' s official duties which directly assist the office holder in performing his official duties, or which directly relate to a governmental purpose . "Office holder expenses" include but are not limited to, (a) donations to charitable organizations; (b) the cost of tickets to political events; (c) the cost of postage, office supplies, stationary and similar expenses- related to the conduct or performance of the office holder' s governmental duties; (d) reasonable expenses for travel to conferences, seminars, educational events and similar activities related to the office holder' s position; (e) the cost of books or publications reasonably related to the office holder' s position; (f) litigation expenses related to the office holder' s actions as a supervisor. The expenses listed in items (a) through (f) shall not be considered "office holder expenses" if they are used in connection with any office holder' s campaign for a future term of office as a Supervisor. (g) Adoption of expenditure ceiling irrevocable . A candidate who adopts the expenditure ceiling. for the election cycle for a particular primary election, may not thereafter revoke his or her adoption of the expenditure ceiling as to that election cycle . A candidate who is not elected to office in the primary election, enters the runoff election, and adopts the. expenditure ceiling for the election cycle as to that general election, may not thereafter revoke his or her adoption of the expenditure ceiling as to that election cycle . (Ords . 95- 2 ; 95-35; 95-8 . ) ORDINANCE NO. 95- 3 SECTION III . REVOCATION OF ADOPTION OF VOLUNTARY EXPENDITURE CEILING. This section shall become operative only in the event that a court of competent jurisdiction makes a final judicial determination that subsection, (g) of section 530-2 . 707 is unenforceable . A candidate who has adopted the voluntary expenditure ceiling and who has accepted contributions and\or made personal loans in the amounts applicable to candidates adopting the ceiling, 'and who then determines to revoke his or her adoption of the ceiling must do the following at least three business days before the candidate may make expenditures in excess of the ceiling: (1) return the balance of any contribution exceeding the contribution limit applicable to candidates not adopting the ceiling to the individual or broadbased committee contributor and return the balance of any, loan the candidate has made to his or her campaign which exceeds the limitation on personal loans applicable to candidates not adopting the ceiling; and (2) file with the County Clerk- elections division a statement, signed under penalty of perjury, which states that the candidate has revoked adoption of the voluntary expenditure ceiling and has returned the balance of all contributions and loans exceeding the limits applicable to a candidate who has not adopted the ceiling. The statement shall contain' a list of all contributors to whom ,ponies were returned and the amounts thereof . SECTION IV. EFFECT OF CONTRIBUTION RECEIVED OR LOAN OF MONEY OR EXPENDITURE OF MONEY MADE BEFORE MAY 25 , 1995. No supervisorial candidate or his or her campaign treasurer shall be subject to criminal or civil sanction for receipt of a contribution prior to May 25, 1995 if such contribution was lawful when received, whether or not the amount of such contribution would have exceeded the contribution limits for supervisorial candidates effective May 25, 1995 . Nothing in this section shall require a candidate or his or her campaign treasurer to refund all or a portion of a contribution received prior to May 25, 1995 if such contribution was lawful when received. No supervisorial candidate shall be subject to criminal or civil sanction for making a personal loan to his or her campaign prior to May 25, 1995 if such loan was lawful when made, whether or not the amount of such. loan would have exceeded the limitations on personal loans effective on May 25, 1995 . Campaign expenditures made by a candidate prior to May 25, 1995 for an election occurring after that date do not count toward the voluntary expenditure ceiling specified in ,section 530-2 . 707 subsections (c) , (d) . Personal loans made by a candidate prior to May 25, 1995 shall not be chargeable against the limitations on personal loans specified in section 530-2 . 706 . Contributions received prior to May 25, 1995 shall not be chargeable against the limits on cumulative contributions specified in section 530-2 . 710 . Up to the total aggregate amount of twenty thousand dollars ($20, 000) , contributions received during that portion` of the candidate' s ORDINANCE NO. 95- 4 election cycle occurring prior to May 25, 1995 shall not be chargeable against the limitations on contributions by individual and broad based political committees specified in sections 530- 2 . 703 and 530-2 . 704 . Any contribution received during that portion of the election cycle occurring prior to May 25, 1995 in excess of the total aggregate amount of twenty thousand dollars ($20 , 000) shall be chargeable against the contribution limits specified in sections 530-2 . 703 and 530-2 . 704 . Such contributions in excess of twenty thousand dollars ($20, 000) shall be chargeable in reverse order of receipt . SECTION V. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for and against it in the , a newspaper published in this County. PASSED ON by the following vote : AYES : NOES : ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By. Deputy Board Chair [SEAL] ORDINANCE NO. 95- 5