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HomeMy WebLinkAboutMINUTES - 12101996 - D.4-D8 D.4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA DATE: MARCH 5, 1996 MATTER OF RECORD SUBJECT: Animal Welfare Advisory Committee (AWAC) Supervisor Bishop withdrew from consideration the status report from the Animal Welfare Advisory Committee (AWAC) recommending preparation for the implementation of a microchip program for the identification of pets, and the evaluation by AWAC of a low cost spay-neuter clinic in connection with the enactment of a spay-neuter ordinance and she requested that the item remain on referral to AWAC. THIS IS A MATTER FOR RECORD PURPOSES ONLY NO BOARD ACTION TAKEN Rq TO: BOARD OF SUPERVISORS FROM: Gayle Bishop, Supervisor District III Contra Costa County DATE: December 10, 1996 SUBJECT: Status Report from the Animal Welfare Advisory Committee (AWAC) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommended Action The Animal Welfare Advisory Committee has met and recommends the following to the Board: 1. In recognition of the expanding technology in identification of lost pets, that the Animal Services Department adopt operating procedures which include scanning for implanted microchips. 2. That the issue of further implementation of a microchip program, including voluntary or mandatory microchipping and licensing, be referred to the 1997 Internal Operations Committee. 3. The further development of a microchip program will remain a function of the AWAC. 4. The AWAC is requested to continue to evaluate a low cost spay-neuter clinic in connection with the enactment of a spay-neuter ordinance. Background On July 30, 1996, the Board of Supervisors asked for a study of microchip issues. The Animal Welfare Task Force studied those issues relating to microchipping and concluded that scanning for microchips is an operational procedure rather than a policy issue for the Board. Other jurisdictions have simply utilized the new technology for scanning microchips as an additional tool in reuniting lost pets. In the Bay Area those include the Peninsula Humane Society in San Mateo, the Palo Alto Animal Control, the City of Hayward Animal Services Bureau, the Alameda County Animal Control, the Marin Humane Society and the Pleasanton Animal Control. It is the feeling of the AWAC that the policy decision to scan for chips should not have been elevated to the level of a Board of Supervisors. The Task Force believes microchip scanning should have been embraced as a welcome tool in animal identification avoiding the cost of maintaining misplaced pets and/or actually euthanizing pets who have not been identified or reunited with their owners. Fiscal Impact None CONTINUED ON ATTACHMENT: YES SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON APPROVED AS RECOMMENDED_OTHER_ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN _UNANIMOUS (ABSENT ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: ATTESTED PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY Consider- wA D. Contra Costa Humane Society .�Mi P.O. Box 1355 ❖ Lafayette, CA 94549 ❖ (510) 284-8586 December 6, 1996 The Contra Costa County Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, California 94553 Honorable Members of the Board: Re: Agenda Item D4-December 10, 1996 "Status Report from the Animal Welfare Advisory Committee" Please do not approve the recommendations set forth in this item, 1 am one of the seven me nbers of the Animal Welfare Advisory Committee (AWAC). I am not aware that AWAC came to any conclusions or made any recommendations. This agenda item completely surprised me. We appreciate Supervisor Bishop's concern for the welfare of the animals in this county. But we cannot condone the presentation of these recommendations to the Board of Supervisors as emanating from the Animal Welfare Advisory Committee. When did AWAC make the recommendations in this report?Which members of AWAC concurred in these recommendations? Pertinent facts are as follows: May 22, 1996: Supervisor Bishop held a meeting at her office to discuss micro- chipping. Several industry representatives were present as well as representatives of the Animal Services Department and of the various animal protection organizations in the County. August 13, 1996: Supervisor Bishop proposed to the Board of Supervisors that the Animal Services Department implement a microchipping identification program. During the Board meeting, she changed her proposal and asked instead that the issue be referred to the "Spay and Neuter Task Force."The Board passed this, 3-2, A later check showed that this task force, authorized on June 28, 1994, had sunset after nine months. August 28, 1996: A group called the Animal Welfare Advisory Committee (AWAC) met at Supervisor Bishop's Office. Six AWAC members attended this meeting. September 10, 1996: The Board of Supervisors officially approved the establishment of AWAC. KOse LernGerg ILL : �lu—::)I leu ueU uy , yr ir • zz qu . uuz r . uu The Contra Costa County Board of Supervisors Page 2 Letter from Contra Costa Humane Society December 6, 1996 September 23, 1996: AWAC had its second meeting. Four members were present. Supervisor Bishop stated that she intended to go back to the Board of Supervisors with another microchipping proposal on December 10, 1996. October 14, 1996: AWAC had Its third meeting. Two members were present. October 15, 1996: Seven appointees to AWAC were officially approved by the Board of Supervisors. I attended the first two AWAC meetings in August and September, but was unable to attend the October meeting because of illness. However an attached letter, written to Supervisor Bishop by an AWAC member who was at the October meeting, clearly indicates that no conclusive action was taken there. I have had no notice of any meetings since then. All AWAC matings were chaired by Supervisor Bishop, and no minutes of meetings were ever issued to AWAC members. Sincerely yours, 4VVK " Rose Lemberg Legislative Chair 831 Balra Drive EI Cerrito, CA 94530 (510) 527-2194 Please send any correspondence to my home address for the sake of expediency. attachment UEC-05-1996 @4:19 ARF r'. y 106MA MJaaft 1 AnhinaF,.. rbun&tioi „'P.Q butt tit40+0or►ooid, t:ap'knsy low• �: December g, 19De1 cc ice! r Supervisor Gayle Bishop 1ti Crow CNwyon CT.#120 San Ransom,Ca. 94Sis •,�. � ,,r (&ret via ra: ffte407) Dear Gayle, I just received a copy of your recommendations on microchipping to be pruented to the Board on December 10, 1996. Although ARF supports mandatory microehippiag by our County Animal Services Department,I do not ted that the task ibree bu finished ib Job. As you will recall,the only attendees at our last meeting were you; your ambant,Marcy; Dr.Glen Weber; and myself: I do not believe Les Schwab, representing the mierochippng industry, Is a member of the • task force. My feeling after the October 15th meeting was that we would continue to research and meet again Wore the December loth meeting. Considering tbat leak has been accomplished since October 15th and roost of the committee members have not attended the meetings,your recommendations seem premature and do not necessarily relfeed the opinions of the entire task force. At this time I fed that at the very most we can recommend at the December 10th meeting is that The Animal Wditre Advisory Committee be kept in plane and continue to work on the mieroehipping Inca. I abo recommend that the members of this task force should be different then the members of a Spiy/NTeuter Task Force. I appreciate the fat that you want all of this to happen before January,but them Is still much to complete. Thank you for your efforts and concern for the animals. S , Carl Rodman Adoption Manager D. 5 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Adopted this order on December 10 , 1996, by the following vote : AYES: Supervisors Rogers, DeSaulnier, Canciamilla, Smith NOES : Supervisor Bishop ABSENT: None ABSTAIN: None SUBJECT: Amending the Contra Costa County Campaign Ordinance On this date the Board of Supervisors considered introducing an ordinance which amends the County' s Campaign ordinance to add sections dealing with "Debates by Mail" , disclosures by independent committees or major contributors to mass mailings, and disclosure of the source of funds for "Paid Telephone Banks" . Supervisor Rogers presented background on the proposed amendment and he moved approval of the report dated December 9, 1996, with the exception of Section 3 , the Debate by Mail section. Supervisor Bishop seconded the motion. The Board discussed the matter. Supervisor Rogers moved a substitute motion to refer the matter to the Internal Operations Committee, invite people to comment both on the minor technical changes in this amendment and on the broader issues and request the Internal Operations Committee to report back to the Board of Supervisors . Supervisor DeSaulnier seconded the substitute motion. Supervisor Bishop expressed opposition to the substitute motion for the reason that she supports Campaign Finance Reform. IT IS BY THE BOARD ORDERED THAT the ordinance which amends the County' s Campaign ordinance to add sections dealing with "Debates by Mail" , disclosures by independent committees or major contributors to mass mailings, and disclosure of the source of funds for "Paid Telephone Banks" , is REFERRED to the 1997 Internal Operations Committee for review and recommendation to the Board of Supervisors . I hereby certify that this is a true and correctcOpyof an action taken and entered on the minutes of the Board of Su sors on t date hoWn. ATTESTER: Or ` �A. 4G PHIL BATCHEL9,R, Cierk of�oard ofisors a unty Ad i tratdr a By Deputy Orig. Dept . : Clerk of the Board CC : County Administrator Internal Operations Committee D.5 COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA To: Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel •%� Date: December 5, 1996 Re: Draft Amendments to Division 530 "Election Campaign" to add Debate by Mail, paid telephone bank disclosure, additional campaign advertising disclosure requirements On December 3, 1996, the Board of Supervisors directed this office to prepare for consideration a draft ordinance amending Division 530 "Election Campaign" to add a Debate by Mail for supervisorial candidates and disclosure of paid telephone banks, and to clarify campaign advertising disclosure requirements. These proposed provisions will be considered for introduction at the Board of Supervisors meeting of December 10, 1996. The proposed ordinance is attached hereto. Additions are shown by underlining and deletions are shown by strike-out. 1. Section 530-2.712 "Debate by Mail" would be added to authorize the County Clerk to supervise the sending out of three separate debate mailings for participating supervisorial candidates in the six weeks preceding an election. Candidates could choose how many debates by mail, if any, in which to participate. For each debate, a participating candidate would submit a camera-ready one page statement of his or her views on issues of the candidate's choice and the candidate's qualifications. The statement could not make any references to opponents, would be in black and white print, and could include photographs. For each statement the County Clerk would designate a filing fee of up to $200. There would be a challenge period of five work days after the final date for submission of statements. During that period, any person could file a civil action challenging a candidate's submission on the basis that it refers to the candidate's opponent. In the event of a civil action, mailing of the challenged statement would be suspended subject to order of the Superior Court. The County Clerk would notify declared candidates of submission dates, the challenge period and mailing dates. Mailing dates of seven, fourteen, and twenty-one days before the election are specified in the draft ordinance. The Clerk would adopt regulations to provide for a statement printed on the debate materials specifying that the County did not prepare the materials and is not responsible for their content and that for each debate by 1 -�I ), s mail, multi-voter households shall only receive one set of debate materials. (Proposed section 530-2.712.) Assuming that the $200 filing fee would not cover the cost of the debate mailing, this provision appears to be subject to legal challenge on the grounds that it requires an unlawful expenditure of public funds. The county has only those powers expressly granted to it by the Constitution and by statute and those others that arise by necessary implication therefrom. (Gov't. Code §§ 23003; 25207; Byers v. Board of Supervisors, (1968) 262 Cal.App.2d 148.) While we have not researched the matter, it is not clear that the county has authority to subsidize candidates' participation in the debate by mail. We cannot ensure that the provision would withstand a taxpayer's challenge. In addition, assuming the cost of mailing would exceed $200, proposed section 530-2.712 could be subject to challenge on the basis that it violates Government Code section 85300 which provides: "No public officer shall expend and no candidate shall accept any public moneys for the purpose of seeking elective office." As a general rule, in the absence of clear and explicit legislative authorization, a county may not spend public funds to promote a partisan position in an election campaign. However, a county may provide neutral, informational material. (Stanson v. Mott, (1976) 17 Cal.3d 206.) In Stanson v. Mott, the California Supreme Court identified the dissemination at public expense of campaign literature prepared by proponents or opponents of a ballot measure as "improper campaign activity." The Fair Political Practices Commission recently filed an enforcement action against the County of Sacramento for failing to properly disclose campaign activity. That county was fined ten thousand dollars for failing to file campaign statements disclosing expenditures made by the county in connection with mailers about a state proposition and local ballot measures. The Commission found that the County's mailers inserted in utility bills "taken as a whole" were not neutral dissemination of information but amounted to partisan campaigning. We cannot say how the FPPC would characterize the Debate by Mail. Before adopting the provision, to avoid any possible violation of the Political Reform Act and accompanying regulations, you may want to authorize county staff to obtain the FPPC's views. Obtaining the FPPC's written views and adhering to those views would protect the Board from being subject to either civil or criminal sanction under the Political Reform Act. However, the FPPC review would not address or protect the County from a taxpayer suit regarding a possible improper gift of public funds. 2. Section 530-2.902 "Disclosure of Contributors Required" would be amended to clarify that " mass mailing" by independent expenditure committees refers to items sent by any means, including hand delivery. Additional requirements for disclosures of the top five contributors on the bottom one-third of the front page of a mass mailing would be added, including the requirement that the independent expenditure committee use the bottom one- 2 D . s third of the front page of the mass mailing solely for the purpose of making the required disclosures. The committee would have to use the same type size for all words in the disclosure, and the type size would have to be large enough to cover as much of the bottom one-third of the front page of the mailer as is reasonably possible. The committee would have to list each contributor required to be disclosed on a new line. 3. Section 530-2.904 "Disclosure of Paid Telephone Banks" would be added to require that independent expenditure committees which pay persons to operate telephone banks assure that the paid callers orally make the same disclosures about the committee's two largest contributors and about out-of-county funding that are required for mass mailings. The disclosures would have to begin in the first thirty seconds of the telephone call. The section would not apply when an independent expenditure committee paid for telephone equipment and bills but used volunteers to make calls. This provision and section 530-2.902 "Disclosure of Contributors Required" could be subject to challenge on the basis that they impermissibly restrict First Amendment Rights by requiring the publication of the identity of persons engaged in political speech and by regulating the content of political speech. In McIntyre v. Ohio Elections Com'n (1995) 115 S.Ct. 1511, the Supreme Court held that an Ohio statute prohibiting the distribution of any anonymous campaign literature was overbroad and violated the First Amendment. Examining the statute with "exacting scrutiny," the Court ruled that Ohio's interests in preventing fraudulent and libelous statements and in providing the electorate with relevant information, were insufficient to support the statute's disclosure requirement. However, in Griset v. FPPC (1994) 8 Cal.4th 851, cert. den. 115 S.Ct. 1794, the California Supreme Court upheld sender identification requirements as applied to candidates. It is not clear how these authorities would be applied to disclosures required in telephone calls. In light of McIntyre, we cannot state with legal certainty that the provisions would withstand challenge. MAM\am attachments cc: County Administrator Jim Sepulveda, Deputy District Attorney 3 D,5— O_ RDZMCE NO. 96- (Amendments to campaign advertising disclosure requirements; Disclosure of Paid Telephone Banks; Debate by Mail.) 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 division 530 "Election Campaign" to impose additional campaign advertising disclosure requirements; provide for disclosure of paid telephone banks; and require the County Clerk to arrange Debates by Mail for candidates. SECTION I1. Section 530-2.712 is added to read: 530-2,712. Debate by Mail. (a)Participation by candidates Any supervisorial candidate may participate in the Debate by Mail For each of three debates 4 mail a participating candidate may submit to the County clerk-election division a separate statement which addresses that candidate's views on the issue and qualifications for office The statement shall not include any references to the candidate' opponentjs. A candidate may choose how many debates if any. in which he or she will participate (b) Mailing and Notification by County Clerk. In the six weeks preceding an election the County Clerk shall supervise the sending out of three separate debate mailings for participating candidates For each debate by mail the County Cltrk wW provide written notice to all declared supervisorial candidates of the date for submission of statements. of the challenge period for that submission. nd of the date on which that subrnission will be mailed For each debate by mail the County Clerk shall designate a filing fee not to exceed 5200 per statement (e)Challenge period Any person mayhe allenge a candidate's statement on the basis that it makes references to the candidate's opponent(s). For each debate by mail the challengeperiod will be five work dans after the final date for submission of statements If any person files a civil action to prevent mailing of a candidate's statement during the challen$eperiod mailing of that statement shall be suspended subject to aa order made by the Superior Court (d) Method of mailing_ The County Clerk shall supervise the sending of the debate materials to those persons on the list of registered voters For each debate by mail when the County Clerk sends the debate materials in the case of multi voter households, he or she shall mail only one set of debate materials per household (g)Form of statement Each participating candidate shall submit on@page of camera i -D . S ready_ black and white copy which may include photographs by the submission date designated by the County Clerk pursuant to subsection (b) For each debate the County Clerk shall designate the size of the page which candidates may submit Whenever practical- the size of the page shall be eight and one-half by eleven inches (f) The mailing date for each of the three separate Debates by Mail shall be twenty-one days, fourteen days and seven days respectively before the election (e) The County Clerk shall adopt regulations to provide for a statement to be printed on the debate materials specifying that the County did not prepare the materials and is not responsible for their content and that for each debate by mail multi-voter households shall only receive one set of debate materials per household (Ord. 96- § 11.) SECTION III. Section 530-2.902 is amended to read: 530-2.902 Disclosure of contributors required W Any committee that makes, during the calendar year in which the election is held, more than five thousand dollars ($5,000.) in independent expenditures for or against a candidate for county office or for or against the qualification of, or passage of a local ballot measure being voted on only in this county shall list the following information in a clear and legible manner on the bottom one-third of the front page of any mass mailing (delivered by any means including hand delivery) by the committee in the election for which the independent expenditures were made. (1) The names and occupations of individuals and the names and business interests of non-individuals, of the five largest contributors to the committee during the twelve months preceding the most recently passed campaign reporting period listed in order of the amount of contributions (except that no contributor with cumulative contributions of less than one hundred dollars ($100) need be listed). If two or more of the largest contributors have contributed the same amount_ they shall be listed according to chronological sequence of contribution The disclosure shall read: "Major funding by: (name and occupation or business interest):. In the case of contributions from committees, the disclosure shall read: "Major funding by: (name of committee); Expenditures directed by: (name and occupation or business interest of persons or non-individuals who direct or control the expenditures of the committee)"; and (2) If the committee has received at least one third of its total contributions during the twelve months preceding the most recently passed campaign reporting period from large out- of-county contributor(s), the top Qgg-third of the disclosure shall state "Major funding from large out-of-county contributors." "Large out-of-county contributors" means a) those contributors who either are not residents of the county or do not have a principal place of business in the county and b) whose cumulative contributions to the committee are $250 or more for the twelve month period preceding the most recently passed campaign reporting period. (b) When making the disclosures required in subsection(a) the committee must use the 2 D. -5- same same type size for all words in the disclosure, The type size used must be large enough that the disclosures required in subsection(a) cover as much of the bottom one-third of the front page of the mass mailing as is reasonably 12oasible The committee must list each contributor on a new line. No matter how many contributors must be listed- the committee must use as much of the available space on the bottom one third of the front page of the macs mailing as is reasonably possible The committee shall use the bottom one-third of the first page of the mass mailing solely forthe purpose of making the disclosure required in b tion This section does not apply to communications from an organization to its members. (Ord. 96- § 12; 95-8.) SECTION IV. Section 530-2.904 is added to read: 530-2.904 Disclosure of Paid Telephone Banks (sa) Any committee that makes during the calendar year in which the election is held more than five thousand dollars $5.000 in independent expenditures for or against a candidate for county office or for or against the qualification of or passage of a local ballot measure being voted on only in this county and which pays persons to operate a telephone hank for or against a candidate for county-Q&e or for oragainst the qualification or passage of a local ballot measure shall assure that the paid telephone bank callers make the following disclosures in each telephone (1) The names and occupations of individuals and the names and business interests of non-individuals of the two largest contributors to the committee during the twelve months preceding the most recently passed cperiod listed in order of the amount of contributions (except that no contributor with cumulative contributions of less than one hundred dollars ($100) need be listed ) If the two largest contributors haye contributed the me amount they shall be mentioned according to chronological sequence of contribution The paid telephone caller shall state: "Funding for this call provided by (name and occupation or business interest) In the case of contributions from committees the paid telephone caller shall state "funding for this call provided by (name of committee)& Expenditures directed by� (n me and occupation or business interest of persons or non-individuals who direct or controls the expenditures of the committee)"; and (2) If the committee has received at least one third of its total contributions during the twelve months preceding the most recently_passed campaign reporting period from large out- of-county contributor(s). the paid telephone caller also shall state "Funding for this call was provided by large out-of-county contributors," "Large out-of-county contributors" shall have the meaning specified in section 530-2.902 subsection(a) (21 ( The paid telephone caller shall begin the disclosure required in subsection(a) in the first thirty(30) seconds of the telephone call (E) For purposes of this section "campaign reporting period" includes the reporting of contributions and independent expenditures at the times specified in section 530-2,707 3 p . 5' subsections(i) and-a (d) This section shall not apply when an independent expenditure committee pays for telephone equipment and bills but uses volunteers to make the telephone bank calls. (Ord. 96- §13.) 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] A:\DEBT-3.WPD 4 p.5 OFFICE OF COUNTY COUNSEL DEPUTIES: VICTOR J.WESTMAN COUNTY COUNSEL CONTRA COSTA COUNTY SFMRpi t.AWJEA5ON MALJC«,EAt1M SILVANO B.MARCHESI COU1rvAOMIMSTMTICMWILDIW MCRIEL OANIFS ARTHUR W.WALENTA,JR. MARKS s.Esus AsslsrA 651 PINE STREET,STH FLOOR MI k D.FARR GAYLE MUGGL} MARTINEZ,CALIFORNIA 84553-0116 MUM T.FWIF oLwesC.oRAWS OREO eMnvEv OFMF MANAGER TELEPHONE(510)3357800 RKBMNTvERluJE,JR. FAX(510)845-1078 MARYARN M.MA40N PNA R.MLAV VALERIE J.MN'?IE MMCF.s 10T MN J.SILVER OC ORA T.MLLIMIS December 9, 1996 FACSIMILE COVER PAGE Deliver To: Members, Board of Supervisors From: Mary Ann McNett Mason, Deputy County Counsel Number of Pages (Incl Cover Page): For Voice Contact Call: (510) 335-1821 For Return Facsimile Messages: (510) 646-1078 The pages comprising this facsimile transmission contain CONFIDENTIAL INFORMATION from the Office of the County Counsel,Contra Costa County. This information is intended solely for use by the individual or entity named as the recipient hereof. If you are not the intended recipient,be aware that any disclosure, copying, distribution,or use of the contents of this transmission is prohibited.If you have received this transmission in error,please notify us by telephone immediately so we may arrange to retrieve the transmission at no cost to you, REMARKS: At the request of Supervisor Rogers, we are providing the attached materials to you in connection with item D.5 on the December 10, 1996 agenda. [ l Original will not follow [ ) Original will follow by: _.U.S. Mail —inter-Office Transmittal _Personal Delivery _Other: C:IOPF CEtVVPVANVNPDOCSTAXCVR.WPO Gary T. Yancey District Attorney OFFICE OF THE DISTRICT ATTORNEY COUNTY OF CONTRA COSTA TO: Supervisor Jim Rogers FROM: James L. Sepulveda Deputy District Attorney DATE: December 9, 1996 SUBJECT: Proposed Amendments to County Campaign Ordinance I have reviewed the revisions made earlier today as a result of my earlier memo this date. Other than my general objections set forth in my November 27, 1996 memo, my objections in my December 6, 1996 memo have been satisfied. Gary T. Yancey District Attorney OFFICE OF THE DISTRICT ATTORNEY COUNTY OF CONTRA COSTA TO: Supervisor Jim Rogers FROM: James L. Sepulveda Deputy District Attorney' I' ` DATE: December 6, 1996 SUBJECT: Proposed Amendments to County Campaign Ordinance I have reviewed the latest proposed revisions to the County campaign ordinance dated December 6, 1996. Based upon my review and based upon some additional legal research done since my previous memo, I have the following comments; 1. Proposed section 530-2.712 (Debate by Mail) — Pursuant to the dictates of Clark v. Burleigh (1992) 4 CalAth 474 (a California Supreme Court decision), I am satisfied that the County can impose the restrictions on speech as proposed in this particular section. However, I cannot offer any assurance that this section will withstand an attack on the grounds that it violates the public financing restriction set forth in Government Code section 85300. See County Counsel's November 27, 1996 memo, page 5 and their December 5, 1996 memo,page 2. 2. Proposed section 530-2.902 (Disclosure of Contributors) -- I am now satisfied that subsection(a) as presently drafted is as restrictive or more restrictive than Proposition 208. I believe that subsection(a)(2) is vague in its reference to the"top one-third" of the disclosure and what is actually required. Does the required disclosure (e.g.,"large out-of-county contributors")have to take up the whole top one-third of the disclosure or only be mentioned in the top one-third of the bottom one-third of the first page? Subsection(b)is probably going to be unenforceable unless there is a dramatic and undisputable violation. Using qualifying phrases like"reasonably possible" makes criminal enforcement very, very difficult. In addition, as a criminal statute, it is probably void for vagueness because the standards are not clearly defined. Lastly, how would a candidate or committee possibly make all the required disclosures if the piece distributed was a postcard? On a two-sided standard sheet of paper that is hand delivered, not mailed, which side is the front? 3. Proposed section 530-2.904 (Disclosure of Paid Telephone Banks) -- As presently drafted, my previous equal protection concerns have been mollified. Please be advised that my specific comments about these proposed revisions do not in any way lessen our concerns about the constitutional viability of the county ordinance as a whole. In lieu of reiterating the position of my office here, I will refer you once again to my November 27, 1996 memo. t County Clerk sends the debate materials in the case of multi-voter households, he or she shall mail only one set of debate materials per household. (e) Form of statement Each participating candidate shall submit one page of camera- ready, black and white copy which may include photographs by the submission date designated by the only Clerk pursuant to subsection(b)- For each debate the County Clerk shall designate the size of the page which candidates may submit Whenever practical the size of the page shall be eight and one-half by eleven inches. (f)f The mailing date for each of the three separate Debates by Mail shall be twenty-one days fourteen days, and seven days respective before the election (g) The County Clerk shall adopt regulations to provide for a statement to be printed on the debate materials specifying that the County did not prepare the materials and is not responsible for their content and that for each debate by mail multi-voter households shall og-ly receive one set of debate materials per household (Ord. 96- § 3.) SECTION IV. Section 530-2.902 is amended to read: 530-2,902 Disclosure of contributors required, W Any committee that makes, during the calendar year in which the election is held, more than=five thousand dollars ($1,QO in independent expenditures for or against a candidate for county office atnore than five t)iQ alt rliil W- 1($ ,()¢Q)it ep d dt a endititres for or against the qualification of, or passage of a local ballot measure being voted on only in this county shall list the following information in a clear and legible manner on the bottom one-third of the front page of any mass mailing (delivered by any means includinghand delivery)by the committee in the election for which the independent expenditures were made. (1)The names and occupations of individuals and the names and business interests of non-individuals, of the five largest contributors to the committee during the twelve months preceding the most recently passed campaign reporting period listed in order of the amount of contributions(except 0,14L 11U �Vnttibtftl With CUMUlativC 1,011ttibtlti011a of less than one t If two or more of the largest contributors have contributed the same amount they shall be listed according to chronological sequence of contribution The disclosure shalt read: "Major funding by: (name and occupation or business interest);. In the case of contributions from committees, the disclosure shall read: "Major funding by: (name of committee);Expenditures directed by: (name and occupation or business interest of persons or non-individuals who direct or control the expenditures of the committee)"; and (2) If the committee has received at least one third of its total contributions during the twelve months preceding the most recently passed campaign reporting period from large out- of-county contributor(s), the y jak top one-third of the disclosure shall state"Major funding from large out-of-county contributors." "Large out-of-county contributors" means a)those 2 INPUT OWN PRIORI R%qmrimmro .. B .=agt }.4. " #" .}4#..#4. . � #9. . : #� ,•.Q#." 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'1 a 1 11 ♦ •I:!ie } • ' t f the twelve months pr 'ng the most acently passed ^ n r portingperiod from large out- of-county contributors) the paid telephone caller also Rhall state "F nding for th_s call S a provided by large out-of-county contributors," "Large out r,f county contribulgif 5hall have the meaning specified m section 530-2 902 subsection(a) r ), (k) The paid telephone caller shall begin the dis_ clo�su rggnired in s hsP tion (a) in the first thirty (30) seconds of the telephone call allies t)r It�ty on t '#el phtme"n cnpo or drirl�isr#i�tt tit the oma cidatc t`prt rnnrct ° �'to�titp(!C3 nr ri�rpps,tf©n tit the ntr��it � ,trrr rsr p8�. " ftl, °'''�-( t< fl .ftp ip hon s,� ails, or _ . ti k ane bills for t k4 or ore i ep n s `, bank It For purpose of Ihis section "campaign reporting p r;Qd" includes topprtinTof coninbut,ons and independent expenditures at the times specified in section 530-2,707 subsections (I) and (i) (e)Th, certion shalljy tam �r 'e a ^ m ''ttee intye# th dtna s (Ord. 96- §5.) SECTION VI EEEECTIVEDATL 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: 4 D . 5 Gary T. Yancey District Attorney OFFICE OF THE DISTRICT ATTORNEY COUNTY OF CONTRA COSTA TO: Supervisor Jim Rogers FROM: James L. Sepulveda �1 Deputy District Attorney r DATE: December 6, 1996 SUBJECT: Proposed Amendments to County Campaign Ordinance I have reviewed the latest proposed revisions to the County campaign ordinance dated December 6, 1996. Based upon my review and based upon some additional legal research done since my previous memo,I have the following comments: 1. Proposed section 530-2.712 (Debate by Mail) -- Pursuant to the dictates of Clark v. urlei h(1992) 4 Cal.4th 474(a California Supreme Court decision), I am satisfied that the County can impose the restrictions on speech as proposed in this particular section. However, I cannot offer any assurance that this section will withstand an attack on the grounds that it violates the public financing restriction set forth in Government Code section 85300. See County Counsel's November 27, 1996 memo, page 5 and their December 5, 1996 memo,page 2. 2. Proposed section 530-2.902 (Disclosure of Contributors) -- I am now satisfied that subsection(a) as presently drafted is as restrictive or more restrictive than Proposition 208. I believe that subsection(a)(2)is vague in its reference to the"top one-third"of the disclosure and what is actually required. Does the required disclosure (e.g., "large out-of-county contributors")have to take up the whole top one-third of the disclosure or only be mentioned in the top one-third of the bottom one-third of the first page? Subsection(b) is probably going to be unenforceable unless there is a dramatic and undisputable violation. Using qualifying phrases like"reasonably possible"makes criminal enforcement very,very difficult. In addition,as a criminal statute, it is probably void for vagueness because the standards are not clearly defined. Lastly,how would a candidate or committee possibly make all the required disclosures if the piece distributed was a postcard? On a two-sided standard sheet of paper that is hand delivered, not mailed, which side is the front? 3. Proposed section 530-2.904 (Disclosure of Paid Telephone Banks) -- As presently drafted, my previous equal protection concerns have been mollified. Please be advised that my specific comments about these proposed revisions do not in any way lessen our concerns about the constitutional viability of the county ordinance as a whole. In lieu of reiterating the position of my office here, I will refer you once again to my November 27, 1996 memo. D ORDINANCE NO. 96- (Amendments to campaign advertising disclosure requirements; Disclosure of Paid Telephone Banks; Debate by Mail.) 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 division 530"Election Campaign" to impose additional campaign advertising disclosure requirements; provide for disclosure of paid telephone banks; and require the County Clerk to arrange Debates by Mail for candidates. IttS�trctt W talt-SM " i+l Ytirr<uf�ss' bntrt t Y3ns". SECTION II. eCYlt?gU .741 " CLUt tSCItGeBS9t�tribpYlU[iS'tS hekby t ' SECTION III. Section 530-2.712 is added to read: 530-2.712. Debate by Mail. Participation r v i candidate efUt`v'mav participate in the Debate by Mail For each of three debates by mail, a participating candidate may submit to the County clerk-election division a separate statement which addresses that candidate's views on the issues and qualifications for office. The statement shallrn many debates, if any. in which he or she will participate. (b) Mailing and Notification 4 County Clerk. In the six weeks preceding an election the o my Clerk shall supervise the sending out of three separate debate mailings for participating candidates For each debate y mail the County Clerk will provide written notice to all declared supervisorial candidates of the date for submission of statements of the challenge period for that submission- and of the date on which that submission will be mailed For each debate by mail the CouM Clerk shall designate a filing fee not to exceed $200 per statement. (c) Challe0ge period Any person may challenge a candidate's statement on the basis that makes references to the candidate's opponents). For each debate by mail. the challenge period will be five work days after the final date for submission of statements If any person files a civil action to prevent mailing of a candidate's statement during the challenge period mailing of ha statement shall be suspended subject to any order made by the Superior Court. (d)Method of mailing The County Clerk shall supervise the sending of the debate materials to those persons on the list of registered voters For each debate by mail when the 1 County Clerk sends the debate materials in the case of multi voter households he or she shall mail only one set of debate materials per household. (e) Form of statement Each arti ipating candidate shall submit one page of camera- ready- black and white copy which may include photographs by the submission date designated by the County Clerk pursuant to subsection(b) For each debate the County Clerk shall designate the sizef the page which candidatesr practical, the sizell be eight and one-half by eleven inches. (ff) The mailing date for each of the three separate Debates by Mail shall be twenty-one days,fourteen days and seven days respectively before the election. (a) The County Clerk shall adopt regulations to provide for a statement to be printed on the debate materials specifying that the County did not prepare the materials and is not responsible for their content and that for each debate by mail_ multi-voter households shall only receive one set of debate materials per household. (Ord. 96- § 3.) SECTION IV, Section 530-2.902 is amended to read: 530-2.902 Disclosure of contributors required. (4) Any committee that makes, during the calendar year in which the election is held, more than five thousand dollars($IflOtl.l in.independent expenditures for or against a candidate for county office nr nrts*1kn ftp$tls�ty�eand dsl1strc( {}bEf Ittt ri{ es for or against the qualification of, or passage of a local ballot measure being voted on only in this county shall list the following information in a clear and legible manner on the bottom one-third of the front page of any mass mailing(delivered by any means including hand delivM)by the committee in the election for which the independent expenditures were made. (1) The names and occupations of individuals and the names and business interests of non-individuals, of the five largest contributors to the committee during the twelve months preceding the most recently passed campaign reporting period listed in order of the amount of contributions (except that no contributot with camalative contributions ofless tfum on d2Hart(jiffl)Lineed be listed). If two or more of the largest contributors have contributed the came amount they shall be listed according to chronological sequence of contribution The disclosure shall read: "Major funding by: (name and occupation or business interest):. 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'. / 1. 11 ' : !1 • /: • 1 • / f ' 1 ! 1 { ' • .' •1 • •1 1 1 • a . •1. • . 1 '1.1 .1 1 • 1 • . • � 1 • 1 -D .s the twelve months preceding the most recently passed campaign reporting period from large out- of-county contributor(s) the amd I lephone caller also shall state "Funding for this call was prop ided by large out-of-county contributors," "Large out-of-county contributors" shall have the meaning specified in section 530-2,902 subsection (a) (2). (b) The Arid telephone caller shall begin the disclosure required in subsection(a) in the first thirty (30) seconds of the telephone call �3 nr M.W.inn t1: teterthotir to tpno t r rm st t t the �m r,cLdat for. +ntv c� ce r tt s nps + sr s oc, n'ta �It�iti, �.ub tar has :.:e�f ther; ttte tnt at ftallfi� tit, hone Ua"1r �tla zit _ �?�1LYs#'�r tQtertbtlis fpr>;hree ixrtnore telen����s dsed ttt�iaksgg Bch For purposes of this section "campaign reporting period" includes the reporting of contributions and independent expenditures At the tithes specified to section 530-2,707 subsections (I) and (i). (d) This section 1 11 1 I'll "I"n aLI independent expendittTIC UUILTtnittCC MMS 6 telephone equipment and bills but ase, vol....ten s to nake the telenhone b �1> rtcNt &�above (Ord. 96- §5.) 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: 4 p . 5 ABSTAIN: ATTEST: PHIL BATCHELOR, clerk of the Board and County Administrator By: Deputy Board Chair [SEAL] AADEBT-3.WPD 5 ps COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ,CALIFORNIA To: Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel •/� . Date: December 5, 1996 Re: Draft Amendments to Division 530 "Election Campaign" to add Debate by Mail, paid telephone bank disclosure, additional campaign advertising disclosure requirements On December 3, 1996, the Board of Supervisors directed this office to prepare for consideration a draft ordinance amending Division 530 "Election Campaign" to add a Debate by Mail for supervisorial candidates and disclosure of paid telephone banks, and to clarify campaign advertising disclosure requirements. These proposed provisions will be considered for introduction at the Board of Supervisors meeting of December 10, 1996. The proposed ordinance is attached hereto. Additions are shown by underlining and deletions are shown by strike-out. 1. Section 530-2.712 "Debate by Mail" would be added to authorize the County Clerk to supervise the sending out of three separate debate mailings for participating supervisorial candidates in the six weeks preceding an election. Candidates could choose how many debates by mail, if any, in which to participate. For each debate, a participating candidate would submit a camera-ready one page statement of his or her views on issues of the candidate's choice and the candidate's qualifications. The statement could not make any references to opponents, would be in black and white print, and could include photographs. For each statement the County Clerk would designate a filing fee of up to $200. There would be a challenge period of five work days after the final date for submission of statements. During that period, any person could file a civil action challenging a candidate's submission on the basis that it refers to the candidate's opponent. In the event of a civil action, mailing of the challenged statement would be suspended subject to order of the Superior Court. The County Clerk would notify declared candidates of submission dates, the challenge period and mailing dates. Mailing dates of seven, fourteen, and twenty-one days before the election are specified in the draft ordinance. The Clerk would adopt regulations to provide for a statement printed on the debate materials specifying that the County did not prepare the materials and is not responsible for their content and that for each debate by 1 D. S mail, multi-voter households shall only receive one set of debate materials. (Proposed section 530-2.712.) Assuming that the $200 filing fee would not cover the cost of the debate mailing, this provision appears to be subject to legal challenge on the grounds that it requires an unlawful expenditure of public funds. The county has only those powers expressly granted to it by the Constitution and by statute and those others that arise by necessary implication therefrom. (Gov't. Code §§ 23003; 25207; Byers v. Board of Supervisors, (1968) 262 Cal.App.2d 148.) While we have not researched the matter, it is not clear that the county has authority to subsidize candidates' participation in the debate by mail. We cannot ensure that the provision would withstand a taxpayer's challenge. In addition, assuming the cost of mailing would exceed $200, proposed section 530-2.712 could be subject to challenge on the basis that it violates Government Code section 85300 which provides: "No public officer shall expend and no candidate shall accept any public moneys for the purpose of seeking elective office." As a general rule, in the absence of clear and explicit legislative authorization, a county may not spend public funds to promote a partisan position in an election campaign. However, a county may provide neutral, informational material. (Stanson v. Mott, (1976) 17 Cal.3d 206.) In Stanson v. Mott, the California Supreme Court identified the dissemination at public expense of campaign literature prepared by proponents or opponents of a ballot measure as "improper campaign activity." The Fair Political Practices Commission recently filed an enforcement action against the County of Sacramento for failing to properly disclose campaign activity. That county was fined ten thousand dollars for failing to file campaign statements disclosing expenditures made by the county in connection with mailers about a state proposition and local ballot measures. The Commission found that the County's mailers inserted in utility bills "taken as a whole" were not neutral dissemination of information but amounted to partisan campaigning. We cannot say how the FPPC would characterize the Debate by Mail. Before adopting the provision, to avoid any possible violation of the Political Reform Act and accompanying regulations, you may want to authorize county staff to obtain the FPPC's views. Obtaining the FPPC's written views and adhering to those views would protect the Board from being subject to either civil or criminal sanction under the Political Reform Act. However, the FPPC review would not address or protect the County from a taxpayer suit regarding a possible improper gift of public funds. 2. Section 530-2.902 "Disclosure of Contributors Required" would be amended to clarify that " mass mailing" by independent expenditure committees refers to items sent by any means, including hand delivery. Additional requirements for disclosures of the top five contributors on the bottom one-third of the front page of a mass mailing would be added, including the requirement that the independent expenditure committee use the bottom one- 2 third of the front page of the mass mailing solely for the purpose of making the required disclosures. The committee would have to use the same type size for all words in the disclosure, and the type size would have to be large enough to cover as much of the bottom one-third of the front page of the mailer as is reasonably possible. The committee would have to list each contributor required to be disclosed on a new line. 3. Section 530-2.904 "Disclosure of Paid Telephone Banks" would be added to require that independent expenditure committees which pay persons to operate telephone banks assure that the paid callers orally make the same disclosures about the committee's two largest contributors and about out-of-county funding that are required for mass mailings. The disclosures would have to begin in the first thirty seconds of the telephone call. The section would not apply when an independent expenditure committee paid for telephone equipment and bills but used volunteers to make calls. This provision and section 530-2.902 "Disclosure of Contributors Required" could be subject to challenge on the basis that they impermissibly restrict First Amendment Rights by requiring the publication of the identity of persons engaged in political speech and by regulating the content of political speech. In McIntyre v. Ohio Elections Com'n (1995) 115 S.Ct. 1511, the Supreme Court held that an Ohio statute prohibiting the distribution of any anonymous campaign literature was overbroad and violated the First Amendment. Examining the statute with "exacting scrutiny," the Court ruled that Ohio's interests in preventing fraudulent and libelous statements and in providing the electorate with relevant information, were insufficient to support the statute's disclosure requirement. However, in Griset v. FPPC (1994) 8 Cal.4th 851, cert. den. 115 S.Ct. 1794, the California Supreme Court upheld sender identification requirements as applied to candidates. It is not clear how these authorities would be applied to disclosures required in telephone calls. In light of McIntyre, we cannot state with legal certainty that the provisions would withstand challenge. MAM\am attachments cc: County Administrator Jim Sepulveda, Deputy District Attorney 3 D • -5r ORDINANCE NO 96- (Amendments to campaign advertising disclosure requirements; Disclosure of Paid Telephone Banks; Debate by Mail.) 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 division 530 "Election Campaign" to impose additional campaign advertising disclosure requirements; provide for disclosure of paid telephone banks; and require the County Clerk to arrange Debates by Mail for candidates. SECTION II. Section 530-2.712 is added to read: 530-2.712. DebUe by Mail. (a)Participation by candidates Anysupervisorial candidate may participate in the Debate by Mail. For each of three debates by mail a participating candidate may submit to the County clerk-election division a separate ctarement which addresses that candidate'a views on the issues and qualifications for office The statement shall not include any references to the candidate's Qpp n n s) A candidate may choose how many debates if any in which he or she will participate Mailing Notification by County Clerk In the six weeks preceding an election the County Clerk shall supervise the sending out of three separate debate mailings for participatiniz candidates For each debate by mail the County Clerk will provide written notice to all declared supervisorial candidates of the date for submission of statements of the challenge pChod for that submission. and of the date on which that submission will be mailed For each debate by mail the County Clerk shall designate a filing fee not to exceed $200 per statement. (_c) Challenge period Any person mayhe allenge a candidate's statement on the basis that it mg$es references to the candidate's opponent(s) For each debate by mail the challenge period will be five work days after the final date for submission of statements. If any person files a civil action to prevent mailing of a candidate's statement during the challenge neriodmailing of that statement shall be suspended subject to any order made by the Superior Court, (d) Method of mailing The County Clerk shall supervise the sending of the debate materials to those persons on the list of registered voters For each debate by mail when the County Clerk sends the debate materials in the case of multi voter households. he or she shall mail_only one set of debate materials per household (e) Form of statement Each participating candidate shall submit one page of camera 1 C) 5, ready, black and white copy which may include photographsby the submission date designated by the County Clerk pursuant to subsection(b). For each debate the County Clerk shall designate the size of the page which candidates may submit. Whenever practical the size of the page shall be eight and one-half by eleven inches. (f) The mailing date for each of the three separate Debates by Mail shall be twenty-one days, fourteen days and seven days respectively before the election. The CountyClerk shall adopt repulations to pWvidefor a statement 'n n the debate materials specifying that the County did not prepare the materials and is not responsible for their content and that for each debate by mail. multi-voter households shall only receive one set of debate materials per household. (Ord. 96- § 11.) SECTION III. Section 530-2.902 is amended to read: 530-2.902 Disclosure of contributors required. W Any committee that makes, during the calendar year in which the election is held, more than five thousand dollars($5,000.) in independent expenditures for or against a candidate for county office or for or against the qualification of, or passage of a local ballot measure being voted on only in this county shall list the following information in a clear and legible manner on the bottom one-third of the front page of any mass mailing(delivered by any means including hand delivery) by the committee in the election for which the independent expenditures were made. (1) The names and occupations of individuals and the names and business interests of non-individuals, of the five largest contributors to the committee during the twelve months preceding the most recently passed campaign reporting period listed in order of the amount of contributions(except that no contributor with cumulative contributions of less than one hundred dollars ($100) eed be listed). If two or more of the largest contributors have contributed the same amount_ they shall be listed according to chronological sequence of contribution. The disclosure shall read: "Major funding by: (name and occupation or business interest):. In the case of contributions from committees, the disclosure shall read: "Major funding by: (name of committee); Expenditures directed by: (name and occupation or business interest of persons or non-individuals who direct or control the expenditures of the committee)"; and (2) If the committee has received at least one third of its total contributions during the twelve months preceding the most recently passed campaign reporting period from large out- of-county contributor(s), the lop one-third of the disclosure shall state"Major funding from large out-of-county contributors." "Large out-of-county contributors" means a) those contributors who either are not residents of the county or do not have a principal place of business in the county and b) whose cumulative contributions to the committee are $250 or more for the twelve month period preceding the most recently passed campaign reporting period. (b) When making the disclosures required in subsection (a) the committee must use the 2 • . • . 1 1• 1 \ •1. l 1 • \ 1' \• • ♦ Ile • 1 • Sl . 1 . .1 1 ' \ { � � • 1 •1• . 11 '1 ♦ -. 1 ms �1KsjAtw-A vim � - • . { l • 111 1 - 1 ' / - - .- 1 • • S 1 . . - =I. - 1 \ - 1. • • . • 1 • r 1 • {. • • 1 1 . . 1 1 1 •l. Lr • ' r 1, \ • !. Ir • . l ! • 1 • ! • !� { {. .t1 "1 11 11 { "1 / ' 1 . • ROWE• I 1 1 1 lv=- - ._11 .S • { 1 • ! { '{ 1 1 . 1{" • • 1{ {1 1' 1 1 1 1 1 Il." 1 • 1. • 1 • • {1 1 " . - llI NIB 1 "1 11 IIIIAIIII'Bf!• '{ . 1. '/ 1. ! I " 1\l l • 1 - f •1 ottoill 0 r. \ If ' Mail - 1. 1 - . • _ - 1. 1- • - 1 • 1 -1 1 - \ TT=04frommR1341604I call • / • 1 1 . 1 - 1 ! - {- 1 l' 1" '1 • 1 1 subsections (i) and (i). (d) This section shall not apply when an independent expenditure committee pays for telephone equipment and bills but uses volunteers to make the telephone bank calls (Ord. 96- §13.) 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) AADEBT-3.WPD 4 TO: BOARD OF SUPERVISORS FROM: Gayle Bishop, Supervisor District III Contra Costa County DATE: December 10, 1996 SUBJECT: Lobbying Ordinance SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. INTRODUCE the attached ordinance, WAIVE reading, and FIX December 17, 1996 for adoption of the ordinance. 2. REFER the attached ordinance to the County Counsel for technical amendments to return to the Board of Supervisors December 17, 1996 for second reading. FISCAL IMPACTS: Costs associated with the administration and enforcement of the ordinance will be supported by revenues from lobbyist registration fees. BACKGROUND: The attached ordinance was recently adopted by the City of Richmond, and was modeled after a similar ordinance in San Francisco. It applies to any business hired to influence legislation or person who spends at least$3,000 to influence legislation. The ordinance requires lobbyists to provide detailed information on their activities on a quarterly basis. CONTINUED ON ATTACHMENT: YES SIGNATURE: .4� _RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON December 10, 1996 APPROVED AS RECOMMENDEDOTHER_,__ SEE ADDENDUM FOR BOARD ACTION VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS (ABSENT ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: 11314,2 Noss: 5 ABSENT: ABSTAIN: - ATTESTED December 10, 1996 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: County Clerk County Counsel County Administrator BY ,DEPUTY D , � ADDENDUM TO ITEM D. 6 DECEMBER 10, 1996 On this date the Board of Supervisors considered the introduction of an ordinance similar to the City of Richmond' s lobbying ordinance which would require defined lobbyists to register with the County and report specified information to the County on a quarterly basis on lobbying activities as recommended by Supervisor Bishop. Supervisor Bishop presented the proposed ordinance and move to adopt the attached ordinance . Supervisor Rogers seconded the motion. The following person presented testimony: John Wolfe, 820 Main Street, Martinez, representing the Contra Costa Taxpayers Association, spoke in opposition. Supervisor DeSaulnier moved a substitute motion to refer the issue of the ordinance to the 1997 Internal Operations Committee for review with any or all lobbying ordinances for recommendation to the Board. Supervisor Bishop advised that she would accept the substitute motion. Following discussion of the matter, the Board took the following action: 1 . REFERRED to the 1997 Internal Operations Committee for review and recommendation, the issue of a lobbying ordinance with consideration of all other lobbying ordinances and the issues raised today; 2 . DECLARED INTENT to support in concept a lobbying ordinance in the future; 3 . REQUESTED that staff notify Supervisor Bishop when this item is on the Internal Operations Committee agenda. CCCO_SUPV .BISHOP TEL No .5108206627 Dec 4 ,96 17 03 No .007 P .01 D� Ordinance No.96- Contra Costa County Lobbying Ordinance SEC, 20 LOBBYIST DEFINED. The following persons are deemed to be lobbyists and shall be subject to the provisions of this Article. (a)Any person,business entity or other organization, including an individual contract lobbyist,which contracts for economic consideration to communicate with any officer of the County of Contra Costa for the purpose of influencing local legislative or administrative action on behalf of any other person. (b)Any business or organization any of whose employees or members, as a regular part of their duties or employment,communicate with any officer of the County of Contra Costa for the purpose of influencing local legislative or administrative action on behalf of that business or organization. The requirements of the Article shall not apply where employees or members indicate affiliation or identification with a business or organization,but do not represent the official position of the business or organization. (c)Any person who directly or indirectly expends $3,000 or more in any calendar year to influence local legislative or administrative action. Payments made to any person as consideration for communicating with an officer of the County for the purpose of influencing local legislative or administrative action shall not be included in calculating expenditures for the purposes of this Subsection. SEC. 21 THRESHOLDS. (a) No person shall be deemed a lobbyist under Section 20 Subdivision(a)unless that person receives or becomes entitled to receive at least $1,000 total compensation in any month or more than $3,000 in any calendar year for influencing local legislative or administrative action or has at least ten separate contacts for the purpose of influencing local administrative or legislative action within any two consecutive months, (b) No business or organization shall be deemed a lobbyist under Section 20. Subdivision (a)unless it compensates its employees or members for their lobbying activities on behalf of the business or organization, and the compensated employees or members have at least ten separate contacts with officers of the County for the purpose of influencing local legislative or administrative action within any two consecutive months. (c)Total compensation shall be calculated by combining all compensation received during the month from all clients for all lobbying activities on all targeted local legislative and administrative actions. Total number of contacts shall be calculated by combining all contacts made during the two-month period on behalf of all clients for all lobbying activities on all targeted local legislative and administrative actions. SEC.22 EXEMPTIONS. The term lobbyist shall not include: (1)A public official acting in an official capacity. (2)A newspaper or other regularly published periodical, radio or television station(including any individual who ovalis,publishes,or is employed by any such newspaper or periodical,radio or television station) which in the ordinary course of business publishes news items, editorials or other comments, or paid advertisements, which directly or indirectly urge action upon local legislative or administrative action; (3)Any communication by an attorney concerning the settlement of a lawsuit involving tfte County and that attorney's client; (4)A person invited by or on behalf of any officer of the County to confer,consult, or give testimony in aid of the officer extending the invitation; 1 CCGO_SUPV .BISHOP TEL No .5108206627 Dec 4 ,96 17 :03 No .007 P .02 p � (5) A person appearing with respect to local legislative or administrative action pursuant to a procedure established by State or Federal law, or pursuant to any procedure established by ordinance f'or levying an assessment against real property for the construction or maintenance of an improvement; and (6)A person applying for,opposing or otherwise taking any position on a grading permit or a permit relating to the construction, alteration,demolition or moving of a building or to a person filing,opposing or otherwise tatting a position on a parcel map or subdivision tract map; provided, however,that if a person qualifies as a lobbyist and that person makes or opposes an appeal or represents a person making or opposing an appeal pursuant to any procedure or authority provided by law from an administrative determination made with respect to such an application or map that person shall be required to register as provided in Section 24 upon making the appeal or filing opposition to it. (7)A person employed by a lobbyist registered under this Article to provide expert testimony before an officer of the County. (S)A neighborhood association or any officer or member of a neighborhood association in accordance with the bylaws of the neighborhood association on behalf of the neighborhood on an issue or performing a task which the neighborhood has authorized or endorsed by a majority vote. To qualify for this exemption, a neighborhood association shall be duly organized with a majority of its members being residents of Contra Costa County,have defined geographic boundaries,conduct regular meetings, keep written minutes, and have bylaws and a list of current officers on file with the County Clerk. SEC. 23 DEFINITIONS. Whenever used in this Article,the following words and phrases shalt be as defined in this section: (aft9glomic consideration shall include reimbursement for expenses incurred. A person shall be deemed to be employed as a lobbyist whether consideration is paid specifically for activity regulated by this Article or other activity as well, (b)To communfeate shall include to communicate directly or through an agent, associate or employee,but shall not include(1)appearing as a witness in,or providing written statements which become a part of the record of a public hearing so long as the lobbyist identifies the client or clients on whose behalf the lobbyist is speaking or writing,or(2)the distribution to any officer of the County of any regularly published newsletter of other periodical which is not primarily directed at influencing local legislative or administrative action. A public hearing shall include any open noticed proceeding where a public record is kept of who testified and who was presented by a lobbyist testifying at that hearing. (c)Officer of the County shall include members of the Board of Supervisor, County Administrator and his/her Deputies and Assistants,Department Heads,Deputy Department Heads,Program Directors and Managers, Planners, Senior Planners, as well as Commissioners and members of Advisory Committees and other recommending bodies to the Board, and any official body composed of officers of'the County. (d)To expend means to pay,distribute, loan,advance, deposit or give money or anything of value whether directly or indirectly, for the purpose of influencing a local legislative or administrative action, and includes a contract, promise, or agreement,whether or not legally enforceable,to make an expenditure. (c) Local legislative or administrative acts includes the drafting, introduction,consideration,modification, enactment,defeat, approval,veto, granting or denial by any officer of the County of any resolution, motion, appeal,application, petition,nomination, ordinance, amendment, approval, referral, permit, license or entitlement to use. Local legislative or administrative action: does not include any action by any officer of the County which adjudicates the rights and/or duties of a single individual (or group of individual proceedings are consolidated) other than a proceeding described in Section 22, subdivision(6). 2 CCC0_SUPV .BISH0P TEL No .5108206627 Dec 4 ,96 17 :03 No . 007 P .03 � GJ (f) The terms Quarterly or Quarter or calendar quarter mean the annual calendar quarters of the year, namely, the time periods encompassed by January 1-March 31,April I-June 30, July I-September 30, and October I- December 31, respectively. (g) The term hiblie official as used in Section 22 shall include an elected or appointed officer or employee or officially designated representative, whether compensated or not, of the United States or any of its agencies, the State of California, and political subdivision of the State, including cities,counties,districts,or any public body, corporate and political agency or commission. (h) Q=1 means the real party in interest for whose benefit the services are actually performed, The Client of a lobbyist qualified under Section 20(b) shall be the business or organization; the Client of a lobbyist qualified under Section 20(c)shall be the individual. An individual member or an organization shall not be deemed to be a Client solely by reason of the fact that such member is individually represented by an employee or agent of the organization as a regular part of such employees or agents duties with the organization and so long as such member does not pay an amount of money or other consideration for such representation in addition to the usual membership fees. (i) Activity expenses means any expense incurred or payment made by a lobbyist or lobbyists client, or arranged by a lobbyist or a lobbyists client, which benefits in whole or in pan any officer of the County, candidate for county office, or a member of the immediate family of one of these individuals. Activity expenses include gifts,honoraria,consulting fees, salaries, and any other form of economic compensation totaling more than $10 in value in a calendar month but do not include political contributions. SEC. 24 REGISTRATION OF LOBBY15'1'S (a)No lobbyist shall communicate with an officer ofthe County for the purpose of influencing local legislative or administrative action without first registering with the County Clerk, The County Clerk shall issue a registration number to each lobbyist and indicate thereon the expiration date of the registration,which shall be one year after the last day of the calendar quarter in which registration occurs. (b) At the time of registration or re-registration, each lobbyist shall pay an initial ice of$35 and an additional fee of$I 5 for each client identified by the lobbyist at said time. When a client is acquired subsequent to registration or re-registration, a$15 fee shall accompany the filing of the information required herein. The County Clerk shall waive the fees fbr any organization presenting proof of its tax exempt status under 26 U.S.C.501(c)(3)or 501(c)(6). (d) In order to maintain an active registration, a lobbyist shall re-register between the first and last day of the month in which the registration expired. SEC.25 REGISTRATION REPORTS (a)At the time of registration or re-registratiori, and between the first and 15th day of each calendar quarter so Iong as that persons registration continues, each lobbyist shall file with the County Clerk a report of: (1)The name, address and phone number of the lobbyist; (2)If the filer is a business or organisation qualifying under Section 20(b). A specific description of the business or organization in sufficient detail to inform the reader of the nature and purpose of the business or organization; (3))f the filer is an individual qualifying under Section 20(c),the name and address of the filer's employer, if any,or his or her principal place of business if the filer is self-employed,and a description of the business activity in which the filer or his or her employer is engaged; (4)The name and address of each current client; 3 CCGO-SUPV .BISHOP TEL No .5108206627 Dec 4 , 96 17 : 03 No .007 P . 04 D (o (5)The proposed local legislative or administrative action the lobbyist is employed to support or oppose, and the client on whose behalf the lobbyist is employed for each legislative or administrative action; (6)The names of all individuals communicating with any officer of the County on behalf of the lobbyist; and (7)Any other information required by the County Clerk consistent with the purposes and provisions of this Article. (b)The lobbyist shall also, within 30 days after initially registering or after first registering on behalf of a particular client, submit to the County Clerk a written authorization from each client by whom the lobbyist is employed to act in furtherance of such object, including the local legislative or administrative action the lobbyist has been employed to support or oppose. Client authorizations need not be resubmitted at the time of re-registering. (c) Should services be engaged or terminated by any client subsequent to registering or re-registering, the same information with respect to that client shall be filed by the lobbyist before acting on behalf of that client and no later than 15 days after the change in status. A person who ceases all activity as a lobbyist may notify the County Clerk of that fact and, upon reporting the information required by Subsection (a) above, occurring since the lobbyist last quarterly statement or since the commencement of the subject employment, whichever is applicable, shall be relieved of the obligation of making future reports required by this Article until again acting as a lobbyist, SEC. 26 ACTIVITY REPORTS. At the time of registration or re-registration, and between the first and the 15th day of each calendar quarter so long as that person's registration continues, each lobbyist shall file with the County Clerk a detailed report of: (a)All activity expenses incurred by the lobbyist firm during the preceding quarter, including the following information: (1) The date and amount of each activity expense; (2)The full name and official position, if any, of the beneficiary of each expense, a description of the benefit, and the amount of the benefit; (3)The full name of the payee of each expense if other than the beneficiary. (b) A report of all political contributions of$100 or more made by the lobbyist during the preceding quarter to an officer of the County, a candidate for such office, a committee controlled by such officer or candidate, or a committee primarily formed to support such officer or candidate,or any committee primarily formed to oppose a candidate for County office. This report shall include all political contributions arranged by the lobbyist, or for which the lobbyist acted as an agent or intermediary. (c) With respect to lobbyists as defined in Section 20(a): (1)The full name, business address and telephone number ofeach client, a description of the specific legislative or administrative action regarding which the lobbyist communicated with any officer of the County on behalf of that client, and the total payments, including fees and the reimbursement of expenses, received from that client for such communication on behalf of the client; and (2)The total amount of payments received from all clients for such communications. (d) With respect to lobbyists as defined in Section 20(b); (1)A description of the specific local legislative or administrative action regarding which an employee or member of the lobbyist communicated with any officer of the County on behalf of the lobbyist; (2)Payments to influence local legislative or administrative action, specifically, payments for a connection with: (A) Support or assistance of lobbyists, 4 . 000.0_SUPV .BISHOP TEL No . 5108206627 Dec 4 , 96 17 :03 Nc . 007 P . 05 ($)Direct communications with a County officer for the primary purpose of influencing local legislative or administrative action, (C) Soliciting or urging persons other than the filer or the filer's employees to enter into communications with a County officer for the primary purpose of influencing local legislative or administrative action, (e)With respect to any lobbyist as defined in Section 20(c): (1)Any payment to a lobbyist as defined in Section 20(a) for communication with any County officer for the primary purpose of influencing local legislative or administrative action; and (2) Payments to influence local legislative or administrative action, specifically,payments for or in connection with (A) Support or assistance of lobbyists, (B)Direct communications with a.County officer for the primary purpose of influencing local legislative or administrative action, in which case a description ofthe specific local legislative or administrative action that is the subject of the communication shall be included, (C) Soliciting or urging persons other than the filer or the filer's employees to enter into communications with a County officer for the primary purpose of influencing local legislative or administrative action that is the subject of the proposed communication shall be included. (f)As used in Subsection (d)(2) and (e)(2) of this Section, Payments to influence local legislation or administrative action shall not include payments for either of the following: (1)Compensation or other payments for services which an solely secretarial, clerical, or manual, or are limited solely to the compilation of data and statistics; or (2)Except for payments to lobbyists and to employees who perform services other than those described in Subdivision (1)of this Subsection, the costs of any regular, ongoing business overhead which would continue to be incurred in substantially similar amounts regardless of the filer's activities to influence local legislative or administrative action. (g)Any other information required by the County Clerk consistent with the purposes acrd provisions of this Article. SEC. 27 OBLIGATIONS OF LOBBYISTS. Any person who qualifies as a lobbyist under Section 20 shall have the following obligations: (a) Not to act as a lobbyist unless registered pursuant to this Article, and not to accept any economic consideration for acting as a lobbyist except upon condition that the lobbyist forthwith register in accordance with this Article; (b)Not to cause or influence the introduction or initiation of any local legislative or administrative action for the purpose of thereafter being employed to secure its granting, denial, confirmation, rejection,passage or defeat; (c)Not to communicate with any officer ofthe County in the name of any fictitious person or in the name of any real person, except with the consent of such real person; (d)To retain all books,papers and documents necessary to substantiate the financial reports required to be made under this Article for a period of five years. (e)A lobbyist shall not attempt to evade these obligations through indirect of Forts or through the use of agents, associates or employees. SEC. 28 EMPLOYMENT OF CITY OFFICERS OR EMPLOYEES. 5 CCG6'_SUPV .HISHOP TEL No .5108206627 Dec 4 ,96 17 :03 No .007 P . 06 D. (o If any lobbyist employs or requests,recommends or causes such lobbyist's client to employ,and such client does employ,any officer of the County or any person known by such lobbyist to be a full-tune employee of the County, in any capacity whatsoever, the lobbyist shall file within 10 days after such employment a statement with the County Clerk setting out the nature of the employment the name of the person to be paid thereunder, the amount of pay or consideration to be paid thereunder and the date first employed. SEC.29 EMPLOYMENT OF UNREGISTERED PERSONS. it shall be unlawful knowingly to pay any person to communicate with any officer of the County for the purpose of influencing local legislative or administrative action, if said person is required to register under this Article and has not done so. SEC.30 FILING UNDER PENALTY OF PERJURY. All information required under this Article shall be filed with the County Clerk, on forms provided by the County Clerk. The individual filing shall swear to the accuracy and completeness of the information under penalty of perjury. SEC.31 POWERS AND DUTIES OF THE COUNTY CLERK. (a)The County Clerk shall issue a Notice of Registration Required upon the written request of any officer of the County. Any person who in good faith and on reasonable grounds believes that compliance with this Article is not required by reason of being exempt under Section 21 or 22 shall not be deemed to have violated the Article if,within 15 days after notice from the County Clerk that person either complies or furnishes satisfactory evidence to the County Clerk evidencing that said person is exempt horn registration. (b)The information provided in registration and activity reports filed pursuant to this Article shall be compiled by the County Clerk as soon as practicable atter the close of each quarter with respect to which such information is filed and shall be forwarded to the Board of Supervisors. (c)In January of each year, the County Clerk shall file a report with the Board of Supervisors on the implementation of this Article. (d) All reports and statements filed with the County Clerk under this Article shall be preserved by the County Clerk for a period of five years from date of filing. Such reports and statements shall constitute a part of the public records of the County Clerk's office and shall be open to public inspection. (e)The County Clerk shall have the power to adopt all reasonable and necessary rules and regulations for the implementation of this Article. (1)To assist in tate interpretation and implementation of this chapter,the County Clerk shall prepare and make available a`Lobbyist Manual"which shall, in its initial form (except as required to conform to differences between this chapter and San Francisco Administrative Code Article XXIIA, Sections 16.520 to 16.532),be similar to and utilize the same interpretations and reporting Forms found in the"City and County of San Francisco Lobbyist Manual dated May 29, 1996." (g)The first period for which registration and filing of reports shall be required shall be the second quarter of 1997 beginning April 1, 1997. Although lobbyists may register prior to April 1, 1997,registration shall not be required until the end of the first reporting period; thereatler it shall be required as stated in section 24. SEC.32 VIOLATIONS. (a)Any person who knowingly violates any provision of this Article is liable in a civil action brought by the County Counsel for an amount up to $1,000 per violation. (b) Should two or more persons be responsible for any violation under this Article,they shall be jointly and severally liable. 6 CCCI -SUPV ,BISHOP TEL No . 5108206627 Dec 4 ,96 17 :03 No . 6017 P , 07 (c)If any person files an original statement or report after any deadline imposed by this Article, he or she shall in addition to any other penalties or remedies established in this Section, be liable in an amount of$10 per day after the deadline until the statement or report is filed, to the County Clerk. Liability need not be enforced by the Commission if on an impartial basis it determines that the late filing was not willful and that enforcement of the liability will not!further the purposes of this Article. The County Clerk shall deposit any funds received under this Section into the County General Fund. (d)The County Council may also bring an action to revoke for up to one year the registration of any lobbyist who has knowingly violated this Article. SEC. 33 LIMITATION OF ACTIONS. No civil action alleging a violation of this Article as provided in Section 32 , shall be fled more than four years after the date the violation occurred, SEC. 34 SEVERAHILITY. If any section,subsection, subdivision, sentence,clause,phrase,or portion of this Article,or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Article or its application to other persons. The Board of Supervisors hereby declares that it would have adopted this Article and each section, subsection, subdivision, sentence,clause,phrase or portion thereof; irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses,phrases, or portions, or the application thereof to any person,to be declared invalid or unconstitutional. 7 D.7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Date: December 10, 1996 Matter of Record SUBJECT: Public Comment The Board of Supervisors heard comments from the following people: Nilda Rego, Contra Costa Historical Society, 75 Corte Yolanda, Moraga, expressed the Society's opposition to the possible dispersal of the County Library's special collections now located in the Central County Library in Pleasant Hill; Bernard Freeman, Concord Historical Society, 3075 Santa Maria Drive, Concord, expressed the society's opposition to the possible fragmentation of the County Library's special collections now located in the Central County Library in Pleasant Hill; Jay Lutz, Walden District Improvement Association, 1370 Las Juntas Way, Walnut Creek, expressed the Walden District's high regard for Supervisor Bishop and announced their plans to plant a group of trees as a living commemoration to Supervisor Bishop's dedicated service to her constituents in the Walden District; Terry Raines, W. 1325 Corona Place, Walnut Creek, commented about the Contra Costa Television's (CCTV) coverage of the Board of Supervisor's meetings and expressed his appreciation for Supervisor Bishop's services during her term as Supervisor of District III. THIS IS A MATTER FOR RECORD PURPOSES ONLY NO BOARD ACTION WAS TAKEN D . � RECEIVED DEC 1 011.% To the Contra Costa County Board of Supervisors Dec. 10, 199 CLERK BOARD Or SUPERVISORS CONTRA COSTA CO. My name is Nilda Rego, 75 Corte Yolanda, Moraga, Ca. I am a member of the Contra Costa County Historical Society and am speaking on its behalf this afternoon. On Dec. 3, 1996 our historical society board passed a resolution opposing the dispersal of the special collections now located in the Central Library in Pleasant Hill to the different branches in the county, which is part of the proposal put forth by the David M. Griffith and Associates at the request of the Public Managers Association. For researchers such a dispersal would be a disaster. What we now find at one spot we would have to travel from San Pablo to Antioch to find if this plan was carried out. For example the Central Library is the repository of a very fine and diverse microfilm collection of newspapers. The Contra Costa County Gazette from 1860; The Los Angeles Times from 1970 to date; the New York Times from 1875 to date; The Contra Costa Times from 1952; The San Francisco Chronicle from 1865 to date; the no longer published Richmond Independent from 1913, also no longer published the Byron Times and the Walnut Creek Courier and the list goes on. I would like you to consider the plight of the researcher if this newspaper collection is split up. Often I check several newspapers in the collection when I do my research for Days Gone By. Then there is Contra Costa's treasure, the materials in the Central Library's vault....It is a vault; you need a key to get in. What's in there? Bound special editions of 19th century volumes; microfilm of the (I.S. Census for all California Counties going back to 1850. The Great Registrar of Voters, which is the record of everyone who registered to vote in Contra Costa County in the last half of the last century; Monographs, graduate thesis on county history; books on bay area counties and cities- Solano, Contra Costa, Alameda, San Francisco. There are 15 drawers .till of newspapers clippings on every conceivable subject on Contra Costa County literally from a to z, from abortion to zoos. D7 Biographies of western personalities such as Bret Harte or John Muir; 12 linear feet worth of biographies...many of these now out of print. With respect to the vault, here are deposited one of a kind items...which is why these are in the vault and not in general circulation. There is the John F. Baldwin reference room—Baldwin was a congressman of this districtAt contains a magnificent range of reference books...dictionaries...music to sports to medicine to law, atlases. There is the business and finance section, this one alone has 126 feet which are regularly consulted by business people And there is an equal amount of space devoted to enyclopedias and atlases. There is the government documents room, depository of the u.s. govt publications. And there is more. I believe that this study was prompted with the notion of improving library services in this county; not decimating them. I know that some cities feel their people are not getting their tax dollar's worth because they seem to be putting in more money than is being put back in their own library. But I ask you to consider this. The Central Library belongs to the whole county; everyone uses it. I live in Moraga, I use it. Bernie Friedman lives in Concord, he uses it. Betty Maffei lives in Walnut Creek, she uses it. The historical society has not taken a position on where the collections should be located, if the decision is made to move them, what we are asking is that the collections not be Balkanized. Having said that I would like to put in my own two cents on why I like the Pleasant Hill library site It is across the street (the old intermediate Oak Park School) where our history center is situated...it is very convenient for me to work at the center where there is upwards of 50,000 documents and photographs pertaining to local history...and then cross over the the central library to check out what may be there such as the extensive newspaper coleections on microfilm. p .7 Ever since the passage of Proposition 13, money for library services has been a low priority in this county. If I've heard it once...I've heard it a thousand times...there is no money. I tell you that no longer works for me. How can it be that one of the richest counties in this richest state in this very rich United States of America, can not afford a decent library system with decent library hours for its children, its students, its seniors...all its people.? We not only can afford it. We must afford it. I must remind you that for ordinary people like me the one visible, pleasant service we get from the county is the library system. And how do you think we feel when we go to the library in Pleasant Hill on a Tuesday morning and find it closed. I feel betrayed . Thank you very much for your attention. D. 8 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 10,,-19% by the following vote: AYES: Supervisors Rogers, Bishop, Maubtier, Caneiamilla, and Smith NOES: None ABSENT: None ABSTAIN: None SUBJECT: Hearing on Consolidation of the Orinda and Moraga Fire Protection Districts . This is the time noticed by the Clerk of the Board of Supervisors for hearing by the Board of Supervisors, acting as the conducting authority, for the proposed consolidation of the Orinda and Moraga Fire Protection Districts, including establishment of two zones and five election districts . IT IS BY THE BOARD ORDERED that the hearing on the above matter is CONTINUED to January 14 , 1997, at 2 P .M. in the Board chambers . ane^^et�on oaken andtenntWhlateredononthe ml WoptQ, cc : County Administrator Board of Supprylsors on ptp data shown. T. McGraw ATTESTED:'�-J• �� �1*', In. !44 L Plitt.$AT i LOR.Clerk of t�$oard of rviao iC County di 'nistrator 3v t=.02DUty