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HomeMy WebLinkAboutMINUTES - 10301990 - IO.7 I .O.-7 TO: BOARD OF SUPERVISORS -------- Contra Y -1, FROM: Costa INTERNAL OPERATIONS COMMITTEE x; ,... . County DATE: October 2 2, 19 9 0 °STq K - SUBJECT: REPORT ON CAMPAIGN REPORTING REQUIREMENT'S APPLICABLE TO COMMITTEES SUPPORTING OR OPPOSING THE QUALIFICATION OF LOCAL MEASURES FOR THE BALLOT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Direct the County Administrator to include in the Board' s 1991 Legislative Program proposed legislation which would authorize a County to regulate committees supporting or opposing the qualification of local initiative or referenda measures for the ballot, including requiring disclosure of the amount and source of funds which have been obtained in order to assist in qualifying a local measure for the ballot. 2. Authorize the 1991 Internal Operations Committee to review the desirability of amending the Contra Costa County Campaign Ordinance to extend the county reporting requirements to committees formed to support or oppose local ballot measures. BACKGROUND: In June of 1990 the Board of Supervisors expressed their concern that they could not find out what individuals or groups were financing efforts to qualify various local ballot measures for the ballot. County Counsel has issued an opinion indicating that the Board of Supervisors does have authority to regulate the CONTINUED ON ATTACHMENT: Vim S YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): SiTNNF. WRT(;HT 4c-PEAK TO POWRP ACTION OF BOARD ON Ortnher 3 Q' 1990 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: ATTESTED �•c. ��-• �3O /99 d PHIL BATCHELOR,CLERK OF THE BOARD OF County Administrator County Clerk-Recorder SUPERVISORS AND COUNTY ADMINISTRATOR Elections Supervisor County Counsel M382 (10/88) BY ,DEPUTY disclosure of amounts and sources of funding for efforts to support or oppose local measures which have already qualified for the ballot. The Board of Supervisors does not, however, have authority to require disclosure of the amounts or sources of funding for committees which may be attempting to qualify or oppose the qualification of local measures for the ballot. Our Committee believes that the Board of Supervisors should have the authority to require the disclosure of the amounts and sources of funding of committees which are attempting to qualify or oppose the qualification of local measures for the ballot. In addition, we believe that the Board of Supervisors should at least explore the extent to which it desires to require additional disclosure of the amounts and sources of funding to committees which are supporting or opposing local measures which have already qualified for the ballot. We are, therefore, making the above recommendations in order to provide the Board of Supervisors with the maximum discretion in this regard. s,- COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTME2; CALIFORNIA Date: July 9, 1990 To: Board of Supervisors From: Victor J. Westman,, County Counsel By: Arthur W. Walenta, Assistant CountyCounsel Re: Campaign Statement Requirements re Ballot Measures For your information and review this 'office has prepared the following discussion of basic campaign reporting requirements applicable to committees which support or oppose local ballot measures. A. State Requirements A local ballot measure is a measure, under the Political Reform Act (Government Code section 82043 [all statutory references herein are to the Government Code] ) . A committee formed to support or oppose a local county ballot measure which receives $1000 or more in contributions within -a calendar year must file a statement of organization within 10 days of such receipt, with the Secretary of State and the County Clerk (section 84101) i A committee formed primarily to support or oppose the qualification of a local ballot measure is required to file semiannual statements under section 84200, but not until after the filing date for campaign statements required by section 84200.5(f) . Section 84200.5(f-) requires that committees formed primarily to support or oppose the qualification of a ballot measure shall file a campaign statement 21 days after the petitions are filed or 21 days after the deadline for filing petitions, whichever is earlier. If a measure qualifies for the ballot, committees formed primarily to support or oppose the measure shall also file preelection statements as provided in section 84200. 7. (Section 84200 .5(b) ) . Additional special statements and reports, including late contribution reports, are also required (section 84200 .6 ) . The campaign statements of committees formed to primarily support or oppose local county measures shall be filed with the County Clerk. (Section 84215(d) ) . Board of Supervisors -2- July 9, 1990 Semiannual statements shall be filed no later than July 31 for the period ending June 30 and January 31 for the period ending December 31 (section 84200) . Preelection statements for the November election period shall be filed no later than October 5 for the period ending September 30, and for the period ending 17 days before the election, shall be filed no later than 12 days before the election (section 84200.7(b) ) . The State Campaign Disclosure requirements for committees formed to support or oppose the qualification or passage of ballot measures are detailed in Campaign Disclosure Information Manual D (1990) published by the Fair Political Practices Commission. B. Local Requirements The Contra Costa County Election Campaign Ordinance (Ordinance Code sections 530-2-202 et. seq. ) does not require local campaign statements on the part of committees supporting or opposing local ballot measures. The substantive requirements of the ordinance are ,limited to candidates for county offices and committees supporting or opposing such candidates. Ordinance Code section 530-2.222 mentions committees formed primarily to support or oppose a local ballot measure in Contra Costa County. But section 530-2.222 does not impose reporting requirements. The function of that ordinance provision is to conform the Ordinance Code to the requirements of Government Code section 81009 .5 (County Counsel memorandum dated February 26, 1986 from Elizabeth B. Hearey to Lon Underwood) . Government Code section 81009.5 limits the additional filing requirements which local agencies may enact, and the Ordinance Code provision (Ord. 86-48) was drafted to implement the full authority granted by the statute, even though the County Election Campaign Ordinance does not otherwise cover committees supporting or opposing local ballot measures. Government Code section 81009 .5(b) prohibits local filing requirements except as expressly authorized in that statute: " (b) Notwithstanding the provisions of Section 81013, 'no local government agency shall enact any ordinance imposing 'filing requirements additional to or different from those set forth in Chapter 4 for elections held in its jurisdiction unless the additional or different filing requirements apply only to the candidates seeking election in that jurisdiction, their controlled committees or committees formed or existing primarily to support or oppose their candidacies, and to committees formed or existing primarily to support or oppose a candidate or local ballot measure which is being voted only in Board of Supervisors -3- July 9, 1990 that jurisdiction, and to city or county general purpose committees active only in that city or county, respectively. " (Government Code S 81009 .5(b) ) . The statute permits local filing requirements applicable to committees formed to support or oppose local ballot measures, and the Contra Costa County Ordinance could be amended accordingly. But as to committees formed to support or oppose the qualification of ballot measures, the law applicable •to qualification of state measures also governs at the local level, and under section 81009 .5 the county may not enact additional requirements. The campaign disclosure statements of committees supporting or opposing the qualification of ballot measures are regulated solely by Government Code sections 84200(a) (4 ) and 84200.5(f) . AWW:fjb cc: Phil Batchelor, County Administrator FB-5 a:\aww\memos\BdSup.Req Contra Costa County THE BOARD OF SUPERVISORS OF �69F"E@OSTA COUNTY, CALIFORNIA JUL 5 1990 Date: June 26 , 1990Qffi MATTER OF RECORD ---------------------------- --------- �oun�y Ad'minis�ra�or---------- Subject: Landfill Issues Supervisor T. Torlakson advised that he would not be present this afternoon when the Board considered the Keller Canyon Landfill site and requested that decision on this matter be deferred for two weeks. Phil Batchelor, County Administrator, noted that the applicant of the Keller Landfill proposal has requested that this matter be continued to July 10, 1990, at 2 p.m. to afford him opportunity to review recent documentation that has been received. Board members agreed to declare their intent to continue this matter to July 10, and requested the County Administrator to so notify the cities of Concord, Pittsburg, and E1 Cerrito. Supervisor Torlakson referred* to the recent campaign material distributed at the June election relative to the Keller site and the East Contra Costa (Garaventa) site. He noted that some of the material distributed was misleading. He referred to a recent mailer on an initiative effort (scheduled for the November ballot) to block the Marsh Creek Landfill and estimated the cost of that mailer to be between $15,000 and $25,000. He proposed that County Counsel be requested to review what was disclosed in the campaigns relative to the landfill issues on the June ballot, and who is financing the preparation and distribution of this campaign material on the Marsh Canyon site. V. J. Westman, County Counsel, advised that he anticipated having a report to the Board some time next week as to what are the reporting requirements on initiatives and referendums. He noted, 'however, that the filing of financial reports on initiatives and referendums are not required until after the signed petitions have been filed with the County Clerk, Supervisor Powers spoke on the need for the public to be aware of who is sponsoring a petition. He recommended considera- tion be given to enactment of a local ordinance that requires the filing of disclosure information pertinent to a local initiative, i.e. , who is involved. He expressed an interest in obtaining information to the extent of the financial participation in any activity of Waste Management and BFI relative to the landfill sites. Supervisor McPeak proposed that the questions being asked of Waste Management and BFI also be asked of local haulers as to what extent they have participated financially for or against any ballot measure, any site, any lawsuits related to those sites and have a full accounting and disclosure to this Board by July 10, 1990. Board members discussed the matter. There was agreement that County Counsel would report on the July 10, 1990 Board Agenda, Determination Section, on the issues of disclosure as referenced. THIS IS A MATTER FOR RECORD PURPOSES ONLY. cc: County Counsel bounty Administrator