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HomeMy WebLinkAboutMINUTES - 09272005 - C76 Cr z TO: BOARD DF SUPERVISORS ;: contr FROM: JOHN SWEETEN, County,Adminisbmtor costa �a s �� CoDATE: SEPTEMBER 21,2005 °s;;;.�--=' unt y SUBJECT: ADOPTION OF A VOLUNTARY CODE OF FAIR CAMPAIGN PRACTICES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. APPROVE revisions to the Voluntary Code of Fair Campaign Practices, as requested by the Board of Supervisors on August 9,2005,to make it applicable to candidates for County office as well as independent expenditure committees and donors thereto. 2. REQUEST the Clerk-Recorder(Registrar of Voters)to: a, maintain a supply of blank pledge forms; b. distribute the forms prospectively to candidates for County offices and 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. CONTINUED ON ATTACHMENT: YES SIGNATURE: '�ECONAENDATION OF COUNTY ADMINISTRATOR RECOF BOARD COMMITTEE .��PROVE OTHER SIGNATURE(S): ACTION OF BO N APPROVE AS RECOMMENDED�_ OTHER V0'i'E OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN �C UNANIMOUS(ABSENT WO�I� ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED: SEPTEMBER 27,2005 CONTACT: JULIE EIdEA(925)335-1077 JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: INTERNAL OPERATIONS COMMITTEE STAFF CLERK-RECORDER-REGISTRAR OF VOTERS � COUNTY COUNSEL BY DEPUTY Augmentation to Voluntary Fair Campaign Practices Code September 21,2005 County Adminisirntor Page 2 BACKGROUND: Voluntary Fair Campaign Pledge. 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 Campaign Ordinance. On April 18,2005,the IOC reviewed 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,the 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 was the 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,the 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. On August 9,2005,the Board of Supervisors approved the Voluntary Code of Fair Campaign Practices for Independent Expenditure Committees and directed that it be emended to also apply to candidates for County office. As requested,the County Counsel's Office has revised the Voluntary Code to apply to candidates for County office as well as independent expenditure committees(see attached revised Code). The Voluntary Code closely follows Election Code section 20440,the State of California's voluntary Code of Fair Campaign Practices for state candidates and independent expenditure committees. At the time of filing of a candidacy statement or 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 candidate or committee with a blank copy of the pledge form and will inform the candidate or committee that subscription to the Augmentation to Voluntary Fair Campaign Practices Code September 21,2005 County Administrator Page 3 Code is voluntary. The Clerk-Recorder(Elections Division)has defined an internal procedure to help staff determine instances wherein a candidate has filed to run for County elective office or 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 also contains a provision stating that the independent expenditure committee commits to providing a copy of the Code to its donors and givingthem an opportunity to sign the Code. opportunity The elections official shall accept, at all times prior to the election,all forms completed a candidate for County office or 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. Completedpledge fo s received by the Elections D*vis*1 ion will be a public record open to public inspection, Contra VOLUNTARY CODE OF costC� FAIR CAMPAIGN PRACTICES ' Count The Contra Costa County Board of Supervisors declares that the purpose of this pledge is to encourage every candidate for County office or 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 candidate for County office or 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 ClerkRecorder, Elections Division 524 Main 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 There dire basic principles of decency,honesty,and fair play which every Candidate and 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 thepeople may be fully and 11101 17 clearly expressed on the issues. THEREFORE, commits (Name of Candidate, Independent Expenditure Committee or Donor to Independent Expenditure Committee) (1) To participate in campaigns for office and in ballot measure campaigns openly and publicly, discussing the 'issues and presenting the Candidate's record and policies and the measures supported with sincerity and frankness,and criticizing without fear or favor the records and policies of candidates and measures opposed. (2) Not to 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 lite.. (3) Not to use or permit any appeal to negative prejudice based on race, sex,religion,national origin,physical health status,or age. (4) Not to 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) Not to coerce election help or campaign contributions from the Candidate's or Independent Expenditure Committee's employees. (6) To immediately and publicly repudiate support deriving from any individual or group which resorts to the methods and tactics condemned in this Code;to accept responsibility to take firm 4D action against any subordinate who violates the provisions of this Voluntary Code of Fair Campaign Practices. (7) To defend and uphold the right of every qualified American voter to full and equal participation in the electoral process., (8) To make a copy of this Code available to donors to the Independent Expenditure Committee and give them an opportunity to sign the Code. 1,the undersigned,Candidate for election to office in Contra Costa.County, Chairperson of an Independent Expenditure Committee,or Donor to such committee,hereby voluntarily endorse or subscribe to,and solemnly pledge myself to participate in election campaigns in Contra Costa. County in accordance with the above principles and practices. I understand that a candidate,an independent expenditure and donors to an independent expenditure committee 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) (Candidate or Committee Chairperson or Donor to Committee)