HomeMy WebLinkAboutMINUTES - 02111992 - IO.1 IO-1
TO: BOARD OF SUPERVISORS Contra
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FROM: INTERNAL OPERATIONS COMMITTEE Ji ;�
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February 10, 1992 County
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DATE: ST �e
SUBJECT: RECOMMENDED INTRODUCTION OF AN ORDINANCE AMENDING THE
COUNTY' S CAMPAIGN ORDINANCE
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . Introduce the attached Ordinance which amends the County' s
Campaign Ordinance to do the following:
A. Increase the contribution limits for in-kind
contributions of campaign office space to $5,000 per
election cycle.
B. Require county general purpose committees to file local
campaign statements on every date a statement is
required by the Political Reform Act and an additional
statement by 12 : 00 Noon on the last Friday before the
election.
C. Require committees and candidates to report
expenditures in local campaign statements, and to file
reports of independent expenditures on every date
required by the Political Reform Act and an additional
report by 12 : 00 Noon on the last Friday before the
election.
2 . Waive reading of the attached Ordinance and fix February 25,
1992 for adoption of the Ordinance.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY AD OR RECOMMENDATION OF BOARD COMMITTEE
APPROVE O E
SIGNATURE(S): ODER SUNNE WRIGHT McPEAK
ACTION OF BOARD ON - February 11; 1992 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
x 1 HEREBY CERTIFY THAT THIS IS A TRUE
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 ATTESTED
County Counsel PHIL BATCHELOR,CLERK OF Td(BOARD OF
District Attorney SUPERVISORS AND COUNTY ADMINISTRATOR
County Clerk-Recorder
Assistant County Registrar
M382 (10/88)
BY ' �/ DEPUTY
I0-1
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3 . Request the County Counsel ' s Office to determine whether
within the "compelling state interest" exception of the
Williams v. Rhodes case there is any way that the County
could provide something of value to a candidate in return
for that candidate' s permission to advise the public whether
the candidate had signed the Fair Campaign Pledge and if a
candidate did sign the Pledge, to impose penalties or
sanctions on a violation of the Pledge and report their
opinion to our Committee.
BACKGROUND:
On January 27 , 1992, our Committee considered the need for
further amendments to the County' s Campaign Ordinance. We
formulated a series of questions we wanted the County' s Counsel ' s
office to research and return an opinion to us on February 10,
1992 . On February 4, 1992 the Board of Supervisors agreed with
the recommendations made by our Committee.
On February 10, 1992 our Committee considered the attached
memorandum from the County Counsel ' s Office and discussed it in
some detail with Deputy County Counsel Mary Ann Mason. It was
noted that the U.S. Circuit Court of Appeals had just acted last
Friday to uphold the decision of the U.S. District Court in
declaring the contribution limits in Proposition 73
unconstitutional since they were based on a limit per fiscal
year, thus, in the view of the Court, providing incumbents an
unfair advantage over challengers . We therefore feel secure in
recommending the introduction of the attached Ordinance which
fixes the limits on in-kind contribution of campaign office space
on an election cycle basis, rather than a fiscal or calendar year
basis .
The attached Ordinance also adds additional reporting
requirements on county general purpose committees as detailed
above and also requires committees and candidates to report
expenditures as detailed above.
We continue to be frustrated that the concept of freedom of
speech has been interpreted by the Courts in such a way as to
severely limit governments ability to regulate campaign
expenditures and the last minute release of campaign material
which may twist the facts with little or no opportunity for
response by the injured party. We have, therefore, asked County
Counsel to determine whether there is any way that we can work
around this problem using the exception provided for by the
Courts in regard to "compelling state interest" .
ORDINANCE NO. 92/
(Reporting Requirements for County General Purpose
Committees and Disclosure of Expenditures and Reporting
of Independent Expenditures by Candidates and Committees . )
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 the Fair Campaign
Ordinance (Ordinance Code sections 530-2 . 222, 530-2 . 802, 530-
2 . 804 ) , to extend the existing campaign disclosure requirements
to County general purpose committees and to add additional
reporting requirements for candidates and committees as to
expenditures and independent expenditures . This ordinance also
adds section 530-2 . 403 , increasing the contribution limit on in-
kind contributions of office space .
SECTION II . Section 530-2 . 222 of the County Ordinance Code is
amended, to apply to County general purpose committees which
support or oppose candidates for County office or local ballot
measures to be voted on only in Contra Costa County, to read:
530-2 . 222 Limitations on Filing requirements . Notwith-
standing any other provisions in this chapter, all filing
requirements found in this chapter which are additional to or
different from those set forth in Chapter 4 of the Political
Reform Act (Gov. Code, §§ 84100 et seq. ) shall apply only to
candidates seeking election in Contra Costa County, their
controlled committees or committees formed primarily to support
or oppose their candidacies, to committees formed primarily to
support or oppose the qualification of , or passage of, a local
ballot measure which is being voted on only in Contra Costa
County, and to County general purpose committees active only in
Contra Costa County, which support or oppose candidates for
County office or the qualification of or passage of local ballot
measures which are being voted on only in Contra Costa County.
(Ords . 92- § 2 , 92-1 § 3, 86-48 . )
SECTION III . Section 530-2 . 403 is added to the County Ordinance
Code to increase the contribution limit on in-kind contributions
of campaign office space, to read:
530-2 . 403 . In-Kind Contribution of Campaign Office Space.
Notwithstanding any other provisions in this chapter, in a single
county election cycle, a person or political committee may give
up to $5 , 000 in in--kind contributions of campaign office space
and a candidate may accept one or more in-kind contributions of
campaign office space which do not exceed an aggregate amount of
$5 , 000 in value.
(Ords . 92- § 3 . )
SECTION IV. Section 530-2 . 802 of the County Ordinance Code is
amended, to add reporting requirements for county general purpose
committees supporting or opposing candidates for County office or
local ballot measures voted on only in Contra Costa County, to
require reporting of expenditures in campaign statements and to
require independent expenditure reports , to read:
530-2 . 802 Candidate and Committee Reports . (a) Each
.candidate, each committee supporting or opposing a can for
county office, each committee supporting or opposing a local
ballot measure which is being voted on only in Contra Costa and
each county general purpose committee which supports or opposes
candidates for county office or local ballot measures being voted
on only in Contra Costa County, shall file a campaign statement
in the county clerk-election division office, on every date a
statement is required by the Political Reform Act covering the
same time period as the statement filed pursuant to state law and
an additional statement by 12 : 00 noon on the last Friday before
the election covering the period between the previous statement
filed and 12 : 00 midnight of the last Thursday before the
election. This filing must be timely received by the filing
officer and is- not accomplished by deposit in the mail . This
statement shall include, in addition to all matters required by
this section, the same disclosures required for the last campaign
statement before the election by the Political Reform Act .
(b) Each committee supporting or opposing the qualification
of a local ballot measure to be voted on only in Contra Costa
County shall file in the county, clerk' s elections division
office, a statement of organization and a campaign statement on
every date such statements are required by the Political Reform
Act covering the same time period as the statement filed
pursuant to state- law, and additional campaign statements on the
fifth day after filing the statement of organization and the
fifth day of every month thereafter until petitions are filed or
the deadline for filing petitions , whichever is earlier. The
closing date for the period covered by an additional campaign
statement shall be five days prior to the deadline for filing the
statement .
(c) In addition to campaign statements , each candidate,
each county general purpose committee, and each committee
supporting or opposing a candidate .for county office or the
qualification or passage of a local ballot measure which is being
voted on only in Contra Costa County, which makes independent
expenditures for or against any candidate for county office or
for or against the qualification of, or passage of any local
ORDINANCE NO. 92-
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ballot measure, shall file an independent expenditure report in
the County Clerk' s election division, on every date a report is
required by the Political Reform Act covering the same time
period as the report filed pursuant to state law, and an
additional report by 12: 00 noon on the last Friday before the
election covering the period between the previous report filed
and 12 : 00 midnight of the last Thursday before the election.
This filing must be timely received by the filing officer and is
not accomplished by deposit in the mail . Each independent
expenditure report shall contain the same disclosures required by
Government _Code_sectio n 84203 . 5 (b) .
(Ords . 92- § 4 , 92-1 § 4 , 91-10, 84-14, 84-9 . ) '
SECTION V. Section 530-2 . 804 of the County Ordinance Code is
amended to apply to County general purpose committees supporting
or opposing candidates for County office or local ballot measures
to be voted on only in Contra Costa County and to require
reporting of expenditures , to read:
530-2 . 804 Campaign Statement. Each County campaign
statement required to be filed by candidates for County office,
county general purpose committees , committees supporting or
opposing a candidate for County office, or committees supporting
or opposing the qualification of , or passage of, a local ballot
measure which is being voted on only in Contra Costa County shall
contain:
( 1 ) (a ) The total amount of all contributions received
during the period covered by the campaign statement that equalled
twenty-five dollars , or more, and (b) the total of all
contributions of less than that cumulative amount.
( 2 ) If the cumulative amount of contributions from a person
is more than twenty-five dollars and less than one hundred
dollars and a contribution has been received from that person
during the period covered by the campaign statement, the
statement shall include the date and amount of each contribution,
such as monetary or nonmonetary (in-kind contribution) . In the
case of in-kind contributions, the fair market value shall be
reported. If the value is unknown, a written valuation shall be
obtained from the. donor and this valuation reported.
( 3 ) If the cumulative amount of contributions from a person
is one hundred dollars or more and a contribution has been
received from that person during the period covered by the
campaign statement, the statement shall contain the same
disclosures required by Government Code section 84211 ( f ) .
(4 ) The statement shall contain the same disclosure of
expenditures required by Government Code section 84211 (b) , (h) ,
(i ) , ( j U (m) (s ) and (t) .
ORDINANCE NO. 92-
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(5 ) Candidates and committees need not duplicate any
reports of contribution and/or loan and expenditures required by
state law but may certify that reports made pursuant to this
section are in addition to those made pursuant to state law.
(Ords . 91- § 5 , 92-1 , § 5, 91-10, 84-9 . )
SECTION VI . 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]
MAM/jh
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ORDINANCE NO. 92-
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