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HomeMy WebLinkAboutMINUTES - 08092005 - D2 TO: BOARD OF SUPERVISORS Contra FROM: INTERNAL OPERATIONS COMMITTEE Costa DATE: JULY 291, 2005 ------- County SUBJECT: ADOPTION OF A VOLUNTARY CODE OF FAIR CAMPAIGN PRACTICES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. ADOPT the proposed County Voluntary Code of Fair Campaign Practices for Independent Expenditure Committees,attached hereto. 2. REQUEST the Clerk-Recorder(Registrar of Voters)to: a. maintain a supply of blank pledge forms; b. distribute the forms prospectively to committees that report independent expenditures for a campaign of a County candidate or ballot measure; and c. retain completed pledge forms and make them available for public inspection for a period of one year. 3. REMOVE from the Internal Operations Committee's list of referrals the establishment of a County Ethics Commission. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR OF BOARD COMMITTEE w;1VP'R0VE OTHER vvv4/34-__ S MULL ffl&YLE B CHAIR MARK DeSAULNIER ACTION OF BOARD ON 09/00 -W-0 00 APPROVE AS RECOMMENDED OTHER X SEE AV0AEJAJt>tAAA. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE _UNANIMOUS{ABSENT pa". AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: CONTACT: JULIE ENEA(925)335-1077 ATTESTED: AUGUST 9,2005 JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS CC: INTERNAL OPERATIONS COMMITTEE STAFF AND COUNTY ADMINISTRATOR CLERK-RECORDER-REGISTRAR OF VOTERS COUNTY COUNSEL BY DEFY Voluntary Fair Campaign Pledge July 29,2005 Internal Operations Committee Page 2 BACKGROUND: VolppjM Fair CgMpaigLti Pled e. On December 14,2004 and January 11,2005,the Board of Supervisors referred to the Internal Operations Committee(IOC)the concept of a voluntary fair campaign pledge for candidates and independent expenditure committees. Concurrently,the Board of Supervisors asked the Finance Committee to review and streamline the County's campaign finance rules and report its findings and recommendations,if any,to the Internal Operations Committee. The Finance Committee's recommendations were presented to the Board of Supervisors on July 26,2005 in the form of proposed revisions to the County's Election Campaignn Ordinance. On April 18,2005, staff provided the IOC with seven samples of fair campaign codes that are or were in effect for agencies, five pledges recommended by fair elections advocacy groups, and recent news articles on fair and clean campaigns. After studying those materials,our Committee requested the County Counsel to prepare a draft pledge based upon the State of California's voluntary Code of Fair Campaign Practices,to be applicable to independent expenditure committees participating in Contra Costa County elections campaigns- The purpose in creating the County Voluntary Code of Fair Campaign Practices is to give voters guidelines in determining fair play and to encourage committees making independent expenditures to discuss issues instead of untruths or distortions. It is IOC's intent that every independent expenditure committee that participates in a County candidate or ballot measure campaign and subscribes to the County Voluntary Code of Fair Campaign Practices will follow the basic principles of decency,honesty, and fair play which every committee has a moral obligation to observe and uphold, in order that,after vigorously contested but fairly conducted campaigns,our citizens may exercise their constitutional right to a free and untrammeled choice, and the will of the people may be fully and clearly expressed on the issues. On May 16,2005, our Committee reviewed and approved the draft pledge form prepared by the County Counsel,and directed staff to work with the Clerk-Recorder(Registrar of Voters)to establish procedures to distribute the form,and to forward the IOC's recommendations to the Board of Supervisors. Attached is the recommended County Voluntary Code of Fair Campaign Practices for Independent Expenditure Committees. At the time of filing of a committee campaign statement form showing that a committee has made an independent expenditure regarding the campaign of a county candidate or measure,the election official will provide the committee with a blank copy of the pledge form and Will inform the committee that subscription to the Code is voluntary. The Clerk-Recorder(Elections Division)has defined an internal procedure to help staff determine instances wherein a committee has made an independent expenditure regarding the campaign of a County candidate or ballot measure. The recommended County Voluntary Code of Fair Campaign Practices for Independent Expenditure Committees contains a provision stating that the independent expenditure committee commits to providing a copy of the Code to its donors and giving them an opportunity to sign the Code. Voluntary Fair Campaign Pledge July 29,2005 Internal 0 rations Committee Page 3 The elections official shall accept, at all times prior to the election, all forms completed by the chairperson of the committee that has made an independent expenditure for the campaign of a County candidate or measure, and donors to those committees,and shall retain the completed forms for public inspection for a period of one year. Completed pledge forms received by the Elections Division will be a public record open to public inspection. Ethics Commission. Concurrent with the fair campaign pledge referral,the Board of Supervisors also requested the IOC to explore the creation of a seven-member Ethics Commission: one to be appointed by each member of the Board of Supervisors and two additional members to be nominated by the IOC,whose purpose would be to oversee and make recommendations to the Board on all campaign-related ordinances and 'issues. The initial discussion of this referral led the Committee to conclude that the creation of an Ethics Commission,with the attendant administrative and legal staff support costs,was not economically feasible in the County's current fiscal crisis. Therefore, it is recommended that 01 matter be removed from the Committee's list of referrals. Contra VOLUNTARY CODE OF ,' �- FAIR CAMPAIGN PRACTICES FOR � �` � Costa INDEPENDENT EXPENDITURE COMMITTEES County A The Contra Costa County Board of Supervisors declares that the purpose of this pledge is to encourage every committee making independent expenditures involving campaigns of County candidates and ballot measures to subscribe to the County Voluntary Code of Fair Campaign Practices. It is the intent of the Board of Supervisors that every committee that participates in a County candidate and ballot measure campaign and subscribes to the County Voluntary Code of Fair Campaign Practices will follow the basic principles of decency,honesty, and fair play which every committee has a moral obligation to observe and uphold,in order that, after vigorously contested but fairly conducted campaigns, our citizens may exercise their constitutional right to a free and untrammeled choice,and the will of the people may be fully and clearly expressed on the issues. The purpose in creating the County Voluntary Code of Fair Campaign Practices is to give voters guidelines in determining fair play and to encourage committees making independent expenditures to discuss issues instead of untruths or distortions. This pledge form may be returned to the: Office of the Clerk-Recorder, Elections Division 524 Maio Street, Martinez, CA 94553 All completed pledge forms submitted to the Clerk-Recorder,Elections Division,will be maintained on file for public inspection for a period of one year. [SEE REVERSE SIDE FOR PLEDGE] CONTRA COSTA COUNTY VOLUNTARY CODE OF FAIR CAMPAIGN PRACTICES FOR INDEPENDENT EXPENDITURE COMMITTEES There are basic principles of decency,honesty, and fair play which every independent expenditure committee has a moral obligation to observe and uphold, in order that, after vigorously contested but fairly conducted campaigns, our citizens may exercise their constitutional right to a free and untrammeled choice, and the will of the people may be fully and clearly expressed on the issues. THEREFORE, commits (Name of Independent Expenditure Committee or Donor to Committee) (1) The Independent Expenditure Committee shall participate in County candidate and ballot measure campaigns openly and publicly, discussing the issues and presenting the records and policies of candidates and measures the Committee supports with sincerity and frankness,and criticizing without fear or favor the records and policies of candidates and measures the Committee opposes. (2) The Independent Expenditure Committee shall not use or permit the use of character defamation,whispering campaigns, libel, slander,or scurrilous attacks on any candidate or his or her personal or family life. (3) The Independent Expenditure Committee shall not use or permit any appeal to negative prejudice based on race, sex,religion, national origin,physical health status,or age. (4) The Independent Expenditure Committee shall not use or permit any dishonest or unethical practice which tends to corrupt or undermine our American system of free elections, or which hampers or prevents the full and free expression of the will of the voters including acts intended to hinder or prevent any eligible person from registering to vote,enrolling to vote, or voting. (5) The Independent Expenditure Committee shall not coerce election help or campaign contributions for either the Committee or for any candidate from employees of donors to the Committee. (6) The Independent Expenditure Committee shall immediately and publicly repudiate support deriving from any individual or group which resorts, on behalf of any candidate or in opposition to any candidate,to the methods and tactics which the Committee condemns. The Committee Chairperson shall accept responsibility to take firm action against any subordinate who violates the provisions of this Voluntary Code of Fair Campaign Practices. (7) The Independent Expenditure Committee shall defend and uphold the right of every qualified American voter to full and equal participation in the electoral process. (8) The Independent Expenditure Committee shall make a copy of this Code available to its donors and give them an opportunity to sign the Code. I,the undersigned,chairperson of a committee making independent expenditures or donor to such committee,hereby voluntarily endorse or subscribe to, and solemnly pledge myself and my Committee to participate in election campaigns in accordance with the above principles and practices. I understand that the committee and its donors may return this signed Voluntary Code of Fair Campaign Practices to the County Clerk-Elections Division and that this Code will be placed on file as a public document in the County Clerk-Elections Division office. (Date) (Committee Chairperson or Donor to Committee) ADDENDUM Tib ITEM D.2 August 9, 2005 On this day,the Board of Supervisors considered the adoption of a Voluntary Code of Fair Campaign Practices for Independent Expenditure Committees as recommended by the Internal Operations Committee. Chair Uilkema presented this item in her capacity as Chair of the Internal Operations Committee (IOC), noting that the IOC spent a fair amount of time reviewing this proposal as well as looking at samples of similar codes currently in effect in other areas. Supervisor DeSaulnier, also a member of the IOC, noted that this could be a step to help limit the negativity of election campaigns. Mary Ann Mason of County Counsel noted that the form being proposed would be similar to a form already used for a similar purpose at the State level. Supervisor Gioia suggested that if Independent Expenditure Committees are going to be asked to sign a pledge,then candidates should be asked to sign a voluntary fair campaign pledge as well. Supervisor DeSaulnier moved approval, and the motion was seconded by Supervisor Gioia. By unanimous approval with none absent, the Board of Supervisors took the following action: APPROVED a Voluntary Code of Fair Campaign Practices for Independent Expenditure Committees; REQUESTED the addition of an individual campaign pledge corollary to the pledge in place at the State level.